In the construction industry, the completion of a project typically culminates in a close-out audit conducted by a safety agent. This audit confirms that the project has been completed in compliance with health and safety requirements, allowing the safety file to be officially closed. However, the work often does not end there. During the defects liability period, contractors return to the site to address snag lists and rectify outstanding issues.
Unfortunately, safety audits are often neglected during this phase, as the safety file is considered closed. This creates significant risks for both the Client and Contractors, particularly if incidents occur while snag work is being performed.
The Defects Liability Period and Its Risks
The defects liability period is a contractual phase, typically lasting between 6 and 12 months after project completion. Contractors are responsible for fixing defects identified by the Client or consultants during this time. These activities can range from minor touch-ups to more extensive corrections involving tools, machinery, and working at heights.
Although these tasks may seem low-risk compared to the primary construction work, they still fall under the definition of construction work according to the Construction Regulations, 2014. Without proper oversight, the following risks arise:
- Non-Compliance with Regulations: Contractors performing snag work without an updated safety file are in violation of the law.
- Increased Risk of Incidents: Activities performed without adequate risk assessments, method statements, or supervision may result in accidents.
- Legal Liability: If an incident occurs, the Client could be held accountable for failing to enforce health and safety compliance during this phase.
Who Is Responsible During the Defects Liability Period?
The responsibilities of both Clients and Contractors do not end once the close-out audit is completed. According to Regulation 5 and Regulation 7 of the Construction Regulations, 2014:
- The Client must ensure that all construction work complies with health and safety requirements, even during the defects liability period.
- The Principal Contractor or any other contractor must maintain an up-to-date safety file, which includes risk assessments and proof of worker training for snag list tasks.
The Consequences of Skipping Audits
When audits are skipped during the defects liability period, the following risks emerge:
- Regulatory Non-Compliance: If the Department of Employment and Labour inspects the site or investigates an incident, the absence of updated safety documentation could result in fines, legal proceedings, and project delays.
- Increased Injury Risk: Without audits, hazardous conditions such as unprotected heights, faulty equipment, or untrained personnel may go unnoticed. This increases the likelihood of accidents, potentially leading to severe injuries or fatalities.
- Insurance Complications: Many insurers require compliance with health and safety laws to process claims. Non-compliance could lead to rejected claims, leaving the Client or Contractor financially vulnerable.
- Reputational Damage: Incidents during the defects liability period can tarnish the reputation of both the Client and Contractor, affecting future projects and stakeholder relationships.
Why Audits Are Essential During the Defects Liability Period
- Ongoing Risk Management: Even minor snag work carries risks, such as falls, tool-related injuries, or electrical hazards. Audits ensure these risks are identified and mitigated.
- Compliance Assurance: Regular audits demonstrate that the Client and Contractor are meeting their legal obligations under the Construction Regulations.
- Worker Safety: Audits ensure that all workers operate in a safe environment, reducing the likelihood of incidents.
Practical Steps for Clients and Contractors
- Safety File: The safety file should remain active or be reopened for the duration of the defects liability period. This ensures all documentation, including risk assessments and incident reports, is up to date.
- Schedule Regular Audits: Safety agents should conduct periodic audits during the defects liability period to monitor compliance and address new risks.
- Update Risk Assessments: Ensure that new activities, such as snag work, are accompanied by updated risk assessments and method statements.
- Communicate Responsibilities: The Client should clearly communicate to all contractors that compliance is required throughout the defects liability period.
The defects liability period is a critical phase that should not be overlooked from a health and safety perspective. Skipping audits during this time creates significant risks, including non-compliance, accidents, and legal liability. Both Clients and Contractors have a duty to ensure that all snag work is performed safely and in accordance with the Construction Regulations, 2014.
By maintaining an active safety file and conducting regular audits, stakeholders can protect workers, prevent incidents, and uphold their legal obligations. Remember, safety is a continuous process—one that doesn’t end with the close-out audit. It’s about ensuring that every phase of a project, from start to finish, is managed with the highest standards of care.
