SHEPPARD ROBSON IN-HOUSE TRAINING

TECHNICAL SEMINAR

The Construction (Design & Management) Regulations 2007 - CDM

The CDM Regulations 2007

These regulations, first introduced in 1994, are the UK’s response to theneed for a system to manage the health and safety of people constructing maintaining and eventually demolishing a building. The new version came into force on 06 April 2007

They place duties upon Clients, Designers, Principal Contractors and theCDM Co-ordinator.

The objectives of CDM 2007 are:

1. to ensure that health and safety are considered from the earliest stage of a project and throughout the design, construction, maintenance and demolition processes.

2. To encourage safe practice rather than the generation of paper to no good effect.

The Regulations are available in the library (CI/SfB: U47) and on TI Online.

There is an associated Approved Code of Practice and Guidance “Managing Health and Safety in Construction” (2007)…….

Managing Health and Safety in Construction. Approved Code of Practice 2007

It looks like this…….

and can be found in section (U47) in the library.

It contains information, guidance and advice; and …

“If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice”

COMPARISON OF THE 1994 AND 2007 VERSIONS

1994 Regs 2007 Regs

Client Client

Clients’ Agent Not applicable

Designer Designer

Planning Supervisor CDM Co-ordinator

Principle Contractor Principle Contractor

Contractor Contractor

F10 Notification F10 Notification

Pre Tender Health & Safety Plan Pre construction information

Health and Safety File Health and Safety File

Additionally, the 1996 Construction (Health Safety & Welfare) Regulations were revised and combined with CDM 2007.

The Planning Supervisor decided to leave on a high…

WHEN DO THE REGS APPLY?

Some duties apply to all projects, whether notifiable or not.

These duties are described in Section 2 of the regs.

Additional duties apply if a Project is notifiable to the HSE. These are described in Section 3 of the regs.

Projects are notifiable to the HSE if:

• The building works on site last for 30 days or more, OR

• There are more than 500 man-days of construction work

The CDM Regulations 2007

This is not a design issue, but it calls into question “competent contractor”

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DEFINITIONS AND DUTIES

The Client

The client has a duty to play a positive role in making key appointments and setting the scene for the management of health and safety on the project. The client’s key duties are to:

1. Select and appoint a CDM Co-ordinator, Designer and Principal Contractor.

2. If the client fails to appoint a CDMC or PC it is deemed that the client fulfils these roles until such time as the appointment is made.

3. Be satisfied that the above are competent.4. Provide the CDM-C with relevant health and safety information on the

project at the earliest opportunity.5. Ensure that construction work does not start until the principal contractor

has prepared a Health & Safety Plan and suitable welfare facilities have been provided.

6. Ensure that the Health & Safety File is prepared and available when the project is completed.

DEFINITIONS AND DUTIES

The CDM Co-ordinator

The CDMC has to co-ordinate the health and safety aspects of the project’s design and planning and must:

1. Give advice and assistance to the client.2. Notify the HSE about a project.3. Identify & collect pre-construction information.4. Provide information described above to relevant duty holders.5. Manage the flow of H&S information to duty holders.6. Advise the client on the construction phase plan.7. Produce or update the H&S File.

There is no restriction upon who is appointed CDMC. It can be company or an individual. Indeed, it can be one of the design team members or the Principal Contractor.

DEFINITIONS AND DUTIES

The Designer

The Designer has a duty to ensure that the health and safety of those constructing, maintaining and demolishing a structure are considered at all stages of the design development. The key duties are to:

1. Alert clients to their duties. Standard letter on the Intranet.2. Consider the hazards and risks arising from the design.3. Design to avoid foreseeable risks. Eliminate hazards where possible and

reduce the risk of any hazards that remain.4. Provide information about significant risks.5. Do not start work unless the CDMC has been appointed.6. Co-ordinate with CDMC and other duty holders7. In designing a structure for use as a workplace, take account of the 1992

Workplace Regulations.

Links to standard documents can be found on the Intranet.

DEFINITIONS AND DUTIES

The Principal Contractor (Notifiable projects only)

The Principal Contractor’s key duties are to:

1. Ensure that the client is aware of his/her duties.2. Ensure that the CDMC has been appointed.3. Prepare the Health and Safety Plan before work begins.4. Arrange for competent and adequately resourced sub-contractors to

comply with Health and Safety law.5. Ensure co-ordination and co-operation of contractors.6. Obtain contractor’s risk assessments.7. Ensure that adequate on-site training is given to relevant personnel.8. Enforce site rules laid down in the Health and Safety Plan.9. Monitor health and safety performance.10. Place on display the HSE notification.11. Pass all relevant information to the CDMC for inclusion in the H&S File.12. Ensure that suitable welfare facilities have been provided.

So, now we all know what we are supposed to be doing…..

DEFINITIONS AND DUTIES

Pre construction information

This must be available for tendering contractors, and must contain project specific information addressing key H&S issues, particularly those that contractors could not reasonably be expected to identify. It draws together the project specific information obtained from Client, Designer, CDMC.

It should include:1. A general description of the project.2. Client’s considerations and management requirements.3. Environmental restrictions and existing on-site risks.4. Significant design and construction hazards.5. Description of the information required for the construction phase Health

and Safety Plan and Health and Safety File.

DEFINITIONS AND DUTIES

The construction phase H & S Plan

The principle contractor must develop a H & S plan that is suitable for the construction phase. It should be built on the information gained from the pre-construction information and should include, amongst other things, required method statements, safety rules, & monitoring arrangements and should set out the H & S goals for the project.

The CDMC must check this document and ensure that it is kept up to date and co-ordinated with input from the designers.

It must include:

1. A description of the project.2. Arrangements for management of the work.3. Arrangements for controlling significant risks.4. Arrangements for collecting information for the H&S File

DEFINITIONS AND DUTIES

The Health and Safety File (H & S File)

The H & S File should contain information to inform those involved with any future construction, cleaning, maintenance, alterations, refurbishment and demolition of the building, about any residual risks.

Whilst it is not a maintenance manual, there is no reason why it cannot be incorporated into one. It does not have to be a stand alone document.

Clients, designers, principal contractors, other contractors and CDMCs all have legal duties in respect of the H & S File

Designers have a duty to provide all necessary and relevant information for the File.The regulations require the CDMC to prepare, review, amend or add to the File.

Now this may be a design issue….was provision made for repainting those panels?

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STANDARD SR DOCUMENTS

Letter ensuring that clients are aware of their duties;

We have a standard letter in ‘New Office Documents’. The letter contains optional paragraphs to be used dependent upon the clients’ degree of experience of the regulations. Guidance on the Intranet.

Hazard Elimination and Risk Reduction form;

We have a standard Hazard Elimination and Risk Reduction form in ‘New Office Documents’.

HAZARD : The potential to cause harmRISK : The likelihood that harm will occur

First, identify the likely hazards in a design. Next, eliminate the hazard if possible. If this is not feasible, consider how the risk can be reduced to an ‘acceptable’ level. Record the process by which this is achieved.

ACOP page 25: “In most cases it is sufficient to approach this using experience and published guidance, without sophisticated risk analysis techniques.”

The standard form looks like this …..

Finally, we must provide information necessary to identify and manage any residual risks.

Residual risks may include:

The careful recording and marking of fire rated walls and partitions in ducts, ceiling voids and other service areas.

Clear and precise recording of any products that are safe once installed, but may have residual risks inherent in subsequent alterations.

Clear and precise recording of the location and, if necessary marking in-situ, of any services, ducts or cables that may not be immediately apparent to a person carrying out future work.

Read “Reducing Risks, Protecting People” published by HSE

and for further useful reading and guidance see …..

Any questions?