CDM 2007
Sorry for the delay, but following on from my earlier blog…
As you will all now be aware, the CDM Regulations 2007 came into force on the 6 April 2007.
The key aims of CDM 2007 are to integrate health and safety into the management of a project and encourage everyone involved to work together to:
- Improve the planning and management of projects from the very start;
- Identify hazards early on, so they can be eliminated or reduced at the design or planning stage and ensure the remaining risks can be properly managed;
- Target effort where it can do the most good in terms of health and safety:
- Discourage unnecessary bureaucracy
The CDM Regulations 2007 apply to all construction work from the 6 April 2007. There are some exceptions, as defined in the regulations; these include maintenance of fixed plant, erection and taking down of tents and various others, but exclude off-site manufacture of items to be used later in construction work.
There are transitional arrangements for projects which commenced prior to the 6 April 07, but these generally concern arrangements and competence in respect of Clients Agent, Planning Supervisor, CDM Co-ordinator and Principal Contractor.
The CDM Regulations 2007 applies to all construction projects and there will be the following duty holders; client, designers and contractors. It is only when a project is notifiable to the HSE that there will be a CDM Co-ordinator and Principal Contractor required.
Notifiable projects are those where construction work is expected to;
- Last more than 30 working days; or
- Involve more than 500 person days, i.e. 50 people working for over 10 days
Although there is no requirement for a CDM Co-ordinator, Principal Contractor or Construction phase plan for a non-notifiable project, the regulations do require co-operation and co-ordination between all members of the project team. In notifiable projects the CDM Co-ordinator will ensure this takes place as part of the requirements of their role.
I attach below an extract from the Approved Code of Practice (ACOP) which sets out the duties of the various duty holders below, and have highlighted some of the important points to note as designers. I have left out the CDM Coordinator role, but think in terms of a key project health & safety advisor with a far more pro-active role:
- The Client is an organisation or individual for whom a construction project is carried out. Clients only have duties when the project is associated with a business or other undertaking (whether for profit or not). Non-Domestic clients eg. people having work done on their own home have no client duties under CDM 2007.
- The Client has one of the biggest influences over the way a project is run, and this is reflected in the more onerous requirements on clients in CDM 2007 – See summary of duties below.
Example – if a client fails to arrange for a CDM Co-ordinator or Principal Contractor on a notifiable project then these roles default to the client. - Designers need to make sure they are competent and adequately resourced to address health & safety issues likely to be involved in their design.
- Designers to check Client aware of duties (no change here), except that for notifiable projects designers are to:
a) ensure that the client has appointed a CDM Coordinator,
b) ensure thet they do not start design work other than initial design(up to stage C has been suggested) until a CDM Coordinator is appointed,
c) cooperate with CDM Coordinator, principal contractor & other designers & contractors as necessary to enable them to comply with their duties.
- Designers on all projects are required to avoid forseeable risks and to eliminate hazards and reduce risks during design.
It is not always reasonably practical to eliminate hazards and where this is the case, consideration is to be given to design solutions reducing risk to an acceptable level. The amount of effort put into eliminating hazards and reducing risks should depend on the degree of risk. There is little point in spending a lot of time, money and trouble on low risk issues eg those risks that a competent contractor would be expected to manage.
The focus should be on issues that are known to have the potential to cause significant harm, and where there are known solutions that reduce the risks to everyone exposed.
The greater the risk, the greater the weight that must be given to eliminating or reducing that risk.
This was the message from previous HSE guidance, now it is clear.
- Designers on all projects should provide adequate information about any significant risks associated with the design.
- Designers to coordinate their work with others to improve the way risks are managed & controlled.
- Ensure that any design for use as a workplace takes account of the proviaions of the Workplace (Health,Safety & Welfare) Regulations 1992.
What designers don’t have to do:
a) take into account or provide information about unforseeable hazards and risks,
b) design for possible future uses of structures that cannot reasonably be anticipated from the design brief,
c) specify construction methods, except where a design assumes or requires a particular construction/erection sequence.
d) exercise any health & safety management functions
e) worry about trivial risks.
The new ACOP and CDM Policy & Procedures resides in our Quality Assurance folder filed in the shared drive, and should be referred to by all.
Our existing procedures are being reviewed at present awaiting a document from the APS available in June. Please continue to follow our existing arrangements until such time as the new arrangements are in place, but keeping in mind the points made above.
Follow this link for a summary of duties under the CDM regulations under CDM 2007.
