The New Roads and Street Works Act

The New Roads and Street Works Act 1991 stipulates circumstances under which certain excavation contractors, defined as utilities and other undertakers, must give notice of their planned works. Emergency, urgent and some minor works are excluded from this duty. It also requires that contractors keep up-to-date records of the location of their apparatus and make them available, free of charge, for inspection at all reasonable hours. The exemptions applicable to the Act do not affect contractor liability under the HSW Act. 

The New Roads and Street Works Act 1991 requires that the person who supervises any street works must be qualified under the Street Works (Qualifications of Supervisors and Operatives) Regulations 1992. There must also be an operative who is qualified under the same regulations, on site while work is in progress. 

Street works present particular hazards to pedestrians and many of these hazards are discussed in Chapters 7, 8, 9 and 10. Work on a pavement or road is hazardous for both members of the public and the construction workers. Pavements should be kept clear of tripping hazards, such as trailing cables. The site must be well lit at night. Road traffic past the site may also need to be controlled to protect the workforce. Members of the public and traffic vehicles must also be protected from the elbows of loaders, excavators and cranes which may swing into their path. More detailed advice is available from the Code of Practice Safety at street works and road works related to the New Roads and Street Works Act 1991. The following points for the protection of pedestrians should be considered when work in streets or similar areas is being planned ... 

The prevailing legislation surrounding street works is primarily enshrined in The New Roads and Street Works Act 1991 (NRSWA). This is a detailed Act with 171 sections but it is Part III, which applies to street works in England and Wales, and IV, which applies to road works in Scotland, that most concern health and safety. A summary of the general requirements only is given. 

Under the New Roads and Street Works Act 1991 the local authority has to keep a register of information concerning the apparatus in the streets and coordinate the activities of excavators digging them up. The excavator should therefore be able to obtain all the details of the buried services from the local authority without the need to approach all the undertakers before excavating. 

New Roads and Street Works Act 1991, Chapter 22, London, The Stationery Office... 

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