Everything you need to know about the SPS coordinator

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The appointment of a Safety and Health Protection (SPS) coordinator is mandatory whenever multiple companies are working on the same construction site. Indeed, co-activity generates significant risks that require specific prevention measures.

In this article, find out everything you need to know about the role of the SPS coordinator and the client's obligations in this regard.

What is an SPS coordinator and what is their role?

Whenever multiple companies are involved in a building or civil engineering project, the project owner must implement SPS coordination (Article L4532-2 C. trav.).

⚠️ Warning : Self-employed workers and subcontractors are also considered as companies working on the site.

This coordination has two main objectives:

• to prevent risks arising from simultaneous or successive interventions of the various companies involved;
• to plan, when necessary, for the use of common resources: infrastructure, logistical resources, collective protective measures, etc.

⚠️ Warning : The SPS coordinator must also take into account the activities of any companies operating near the construction site or directly at the operation's location (Article R4532-14 of the French Labor Code.).

Specifically, what are the SPS coordinator's duties?

The SPS coordinator's duties vary depending on the phase of the operation during which they are involved. Indeed, their involvement is necessary both during the project design phase of the operation and during the construction phase of the work.

During the design phase, the Labor Code specifies that the SPS coordinator is notably responsible for the following duties (Article R4532-12 of the French Labor Code.):

• draw up a general coordination plan for safety and health protection (PGCSPS) when it is mandatory;
• compile a file for subsequent interventions on the structure (DIUO);
• open a coordination logbook;
• define measures for the implementation and use of collective protective equipment, lifting devices, temporary access, and general installations, etc.

During the construction phase of the work, the coordinator is responsible for the following duties (article R4532-13 C. trav.):

• organize the coordination of activities between the different companies;
• ensure the application of the PGCSPS and keep it updated as necessary;
• complete the DIUO if necessary.

More specifically, the scope of the coordinator's duties also depends on the construction site concerned, particularly its size. Indeed, the Labor Code distinguishes three categories of building and civil engineering sites (article R4532-1 C. trav.):

• Category 1 construction sites : these are large-scale construction sites characterized by at least 10,000 person-days and more than 5 (civil engineering sites) or more than 10 companies involved (building sites);
• Category 2 construction sites : these are medium-scale construction sites with more than 20 workers and a duration of more than 30 working days ;
• Category 3 construction sites : these are small-scale construction sites with fewer than 20 workers and a duration of fewer than 30 working days.

Coordination duties for small-scale construction sites (Category 3)

When working on a Category 3 site, the coordinator is only required to draw up a simplified general coordination plan for safety and health protection (PGCSPS) when works involving specific risks are planned during the construction project.

🔎 Focus : Works considered to involve specific risks are listed in an order of February 25, 2003. These include, in particular:

• work involving a risk of falling from a height of more than 3 meters;
• work exposing workers to chemical substances or biological agents requiring medical surveillance;
• containment or removal of friable asbestos;
• ...

This simplified general coordination plan must be drawn up from the project design phase and included in the tender documents (DCE). It must specify the measures to be implemented to prevent specific risks arising from the interference of these particularly hazardous works with the activities of other contractors involved (article R4532-52 C. trav.).

Coordination Duties for Medium-Sized Construction Sites (Category 2)

For projects in the second category, the SPS coordinator must establish a PGCSPS in all cases (article L4532-8 C. trav.). The content of the PGCSPS is particularly comprehensive and must notably include (article R4532-44 C. trav.) :

• the general site organization measures decided by the project owner in consultation with the coordinator;
• the coordination measures taken by the health and safety coordinator and the resulting constraints (traffic, handling conditions for various equipment and materials, use of collective protective measures, etc.);
• the constraints arising from interferences with operational activities on the site where the construction work is located, or in its vicinity ;
• general measures taken to ensure the site is maintained in good order and a satisfactory state of cleanliness;
• the cooperation arrangements between contractors, employers, or self-employed persons.

ℹ Please note : The PGCSPS must be distinguished from the specific health and safety plan (PPSPS) which must be drawn up by each company involved before the start of work and which must be submitted to the H&S coordinator (Article L4532-9 of the Labour Code). The PPSPS must notably indicate how the company plans to take into account the coordination measures decided by the H&S coordinator.

Coordination Services for Large-Scale Projects (Category 1)

Finally, construction sites falling under the first category are subject to enhanced coordination obligations due to the significant risks they pose to workers.

⚠️ Warning : These obligations are in addition to those already stipulated for Category 2 construction sites.

The project owner must therefore establish an inter-company committee for safety, health, and working conditions no later than 21 days before the start of work (article R4532-77 C. trav.).

Its primary role is to ensure that all rules prescribed by the coordinator are effectively implemented. It may also establish supplementary common rules to ensure adherence to the established measures (article L4532-13 C. trav.).

This committee is chaired by the SPS coordinator appointed for the construction phase of the project and also comprises:

• the project manager appointed by the client;
• the contractors;
• employees working on the site in an advisory capacity.

ℹ Please note : Contractors expected to work on the site for fewer than 10 workers for less than 4 weeks and who are not carrying out high-risk work are not required to participate in the committee meetings (article R4532-82 C. trav.).

The committee must meet for the first time as soon as at least two contractors are present on the site, and then at least every 3 months, convened by the president. It must also be convened:

• at the request of the majority of representatives who have voting rights;
• at the reasoned request of one-third of the employee representatives;
• following any accident that has caused or could have caused serious consequences.

What are the procedures for appointing the SPS coordinator?

The project owner must appoint an SPS coordinator for both the design phase and the construction phase of the project.

ℹ Please note : In practice, the project owner may choose to entrust these tasks to a single SPS coordinator or to two different SPS coordinators. In the latter case, the coordinator appointed for the design phase must ensure that all documents are transmitted to the coordinator appointed for the construction phase.

Another important point: when the project owner chooses to appoint a different SPS coordinator for each phase, the appointment of the coordinator for the construction phase must nevertheless occur as soon as the call for tenders is launched (article R4532-5 C. trav.).

Only a trained person with adequate professional experience may act as an SPS coordinator. The specific conditions regarding qualifications and training are set out in articles R4532-25 and R4532-26 of the Labor Code.

What is the level of responsibility of the SPS coordinator?

The SPS coordinator carries out their duties under the responsibility of the project owner (article R4532-11 Labor Code). In other words, he does not have direct command authority over the personnel of the companies working on the site.

⚠️ Warning : The involvement of the SPS coordinator does not, however, relieve the contractors of their own responsibility for the safety of their personnel (article L4532-6 Labor Code).

Nevertheless, the SPS coordinator may be held civilly or criminally liable, particularly in the event of non-compliance with his obligations:

• under the contract binding him to the project owner (civil liability);
• under the legal and regulatory obligations applicable to him (criminal liability).

Civil liability of the SPS coordinator

The scope of the coordination mission must be defined in a written contract or specific amendments (article R4532-20 Labor Code). This contract must necessarily define:

• the scope of the assigned task;
• the resources, particularly financial, made available to the coordinator to carry out their duties;
• their obligations, particularly regarding their attendance at various meetings.

Thus, the SPS coordinator can be held civilly liable if they fail to meet their contractual obligations.

SPS coordinator's criminal liability

Finally, the SPS coordinator can also be held criminally liable, particularly in cases of an accident resulting from their violation of a specific duty of care or safety established by a legislative or regulatory text.

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