CDM 2007 Vs CDM 1994

1. CDM 2007VsCDM 1994 Spot the Difference

2. Update “Construction remains a disproportionately dangerous industry where improvements in health & safety are urgently needed”Health & Safety Executive, January 2007

3. Update This is not a full explanation of the CDM Regulationsit is purely to highlight the changes

4. CDM 2007

5. Implementation Date 6th April 2007

6. Duty Holders

7. Documents

8. Why Change ? HSE concerned that after 10+ years CDM was not delivering improvements in safety or health that were expected.

9. Statistics people http://www.hse.gov.uk/statistics/pdf/rhscon.pdf People are still getting hurt, killed and/or suffering ill health

10. Why wasn’t it working ? (HSE Analysis) • excess bureaucracy, paperwork, • communication and co-ordination less than expected • static risk assessments, • ill defined role for Planning Supervisors, with resultant variation in competence • intentions of Regulations not widely understood, therefore, not welcomed or implemented. • defensive approach adopted

11. What it is hoped to achieve The new Regulations have been drafted to address past problems. The key messages are:Reduce Risk Reduce Bureaucracy / PaperworkDevelop UnderstandingTake Ownership (active management of risk)These themes are explored later in the presentation

12. When do the Regulations Apply ? Projects are NOTIFIABLE to HSE and all sections of the Regulations apply if: More than 30 days duration on site Or More than 500 mandays of construction work Or Involve demolition

13. When do the Regulations Apply ? Small Projects are exempt from Regulations (14-24) providing that: Project is not ‘Notifiable’ And Number of persons at work at any one time is less than 5 (i.e. 4 max)

14. When do the Regulations Apply ? – Domestic Clients Domestic clients are a special case and do not have duties under CDM2007. No requirement to appoint CDM Co-ordinator and Principal Contractor, No Notification to HSE. However……. Designers and Contractors must comply with Parts 2 & 4 of the Regulations and…… ……the requirements in Schedules 2, Regulations 25-44 and other health and safety law still apply.

15. When do the Regulations Apply ? – Domestic Clients ‘Domestic clients are people who have work done on their own home or the home of a family member, that does not relate to a trade or business,whether for profit or not.It is the type of client that matters, not the type of property. Local authorities, housing associations, charities, landlords and other businesses may own domestic property, but they are not domestic clients. If the work is in connection with the furtherance of a business attached to domestic premises, such as a shop, the client is not a domestic client.’ (ACOP Para 29)

16. When do the Regulations Apply ? DESIGNERS BEWARE - Designers’ Duties -Regulations 11 (& 12) (was 13): Always apply - - to all construction work - of whatever type - and however small !!

17. Client The new Regulations recognise that most clients are inexperienced and do not have the competence needed to carry out their CDM Duties.However…..

18. Client Client is deemed to be the CDM Co-ordinator and the Principal Contractor ….until the client appoints someone else !

19. Client ‘Having appointed a competentCDM Co-ordinator, the client is entitled to rely on their advice when making (these) judgements’ACOP Para 75(effectively passing on responsibility to the CDM Co-ordinator)

20. Client Similarly for the appointment of the Principal Contractor:‘If the Client makes a reasonable judgement that the contractor’s management arrangements are suitable, taking account of the nature and risks of the project; and it is clearly based on evidence; clients will not be criticised if the arrangements subsequently prove to be inadequate or fail to be implemented without the client’s knowledge.’

21. CDM Co-ordinator Regulation 14(1) ‘Where a project is notifiable, the client shall appoint a person (“the CDM co-ordinator”) to perform the duties specified in regulations 20 and 21 as soon as is practicable after initial design work or other preparation for construction work has begun.’ CDM Co-ordinator (in the words of the HSE)‘is the Client’s Best Friend’‘a key project advisor in respect of construction health & safety’‘needs good interpersonal skills’

22. CDM Co-ordinator role:Co-ordinate design work, planning and other preparation for construction where relevant to health and safety.

23. CDM Co-ordinator • CDM Co-ordinators need a sound understanding of: • health and safety in construction work; • the design process; • the importance of co-ordination of the design process; • an ability to identify information which others will need to know about the design in order to carry out their work safely.

24. CDM Co-ordinator Multiple or Serial CDM Co-ordinators for large and/or complex projects. …where one individual does not possess all of the skills and experience necessary…

25. Designer Regulation 2 “designer” means any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business— (a) prepares or modifies a design; or (b) arranges for or instructs any person under his control to do so, relating to a structure or to a product or mechanical or electrical system intended for a particular structure; and a person is deemed to prepare a design where a design is prepared by a person under his control; (Wurth Case)

26. Designer ‘Designers are those who have a trade or a business which involves them in: preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations, and preparatory work;’ ACOP Para 115(a)

27. Designers’ Duties Regulation 11(1) ‘No designer shall commence work in relation to a project unless any client for the project is aware of his duties under these Regulations’

28. Designers’ Duties – Practice Specific Documents

29. Designers’ Duties – Practice Specific Documents CDM Notification to Client – TM/3-07-01.dot

30. Designers’ Duties Regulation 11(2) ‘The duties in paragraphs (3) and (4) shall be performed so far as is reasonably practicable, taking due account of other relevant design considerations’

31. Designers’ Duties Regulation 11(3) ‘Every designer shall in preparing or modifying a design which may be used in construction work in Great Britain avoid foreseeable risks to the health and safety of any person— (a) carrying out construction work; (b) liable to be affected by such construction work; (c) cleaning any window or any transparent or translucent wall, ceiling or roof in or on a structure; (d) maintaining the permanent fixtures and fittings of a structure; or (e) using a structure designed as a workplace.’

32. Designers’ Duties Regulation 11(4) ‘In discharging the duty in paragraph (3), the designer shall— (a) eliminate hazards which may give rise to risks; and (b) reduce risks from any remaining hazards, and in so doing shall give collective measures priority over individual measures.’

33. The Principles of Prevention (a) avoiding risks; (b) evaluating the risks which cannot be avoided; (c) combating the risks at source; (d) adapting the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health; cont’d……..

34. The Principles of Prevention …cont’d (e) adapting to technical progress; (f) replacing the dangerous by the non-dangerous or the less dangerous; (g) developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment; (h) giving collective protective measures priority over individual protective measures; and (i) giving appropriate instructions to employees ACOP Appendix 7

35. There is now an explicit requirement that designers should take account of the:Workplace (Health, Safety & Welfare) Regulations 1992 Health & Safety of Buildings in Use

36. Regulation 11 (5)‘In designing any structure for use as a workplace the designer shall take account of the provisions of the Workplace (Health, Safety and Welfare)Regulations 1992 which relate to the design of, and materials used in, thestructure.’(known and foreseeable uses only) Health & Safety of Buildings in Use

37. Communication Regulation 11(6) ‘The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist— (a) clients; (b) other designers; and (c) contractors, to comply with their duties under these Regulations’

38. Communication Communicate effectively: notes on drawings written information provided with the design suggested construction sequences

39. Designers’ Risk Assessment (DRA) ‘It is pointless to complete the design first, then try to address the risks which the design has introduced.’ ACOP Para 126

40. Hazard Identification and Risk Management http://www.hse.gov.uk/construction/designers/content/residualhazardlist.htm Eliminate Reduce Inform Control active management of risk

41. Hazard Identification and Risk Management Eliminate Reduce Inform Control Reduce paperwork going forward Project specific information ask yourself ‘does it reduce risk ?’

42. Communication To ensure involvement of the entire workforce, contractors may need to make special arrangements for workers who have little or no understanding of English, or who cannot read English. These could include providing translation, using interpreters or replacing written notices with clearly understood symbols or diagrams. (ACOP Para 245)

43. Designers’ Duties Regulation 18 (1) ‘Where a project is notifiable, no designer shall commence work (other than initial design work) in relation to the project unless a CDM co-ordinator has been appointed for the project.’ The Client ???

44. Designers’ Duties Regulation 18 (2) ‘The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist the CDM co-ordinator to comply with his duties under these Regulations, including his duties in relation to the health and safety file.’

45. Co-operation ‘Designers must co-operate with the client, and other designers and contractors, including those designing temporary works. This is to ensure that incompatibilities between designs are identified and resolved as early as possible, and that the right information is provided in the pre-construction information.’ (ACOP Para 135)

46. Co-operation ‘Co-operation can be encouraged by: (a) setting up an integrated team involving designers, principal contractor and other relevant contractors; (b) the appointment of a lead designer, where many designers are involved (see paragraph 48); (c) agreeing a common approach to risk reduction during design; (d) regular meetings of all the design team (including the CDM co-ordinator) with contractors, and others; (e) regular reviews of developing designs; (f) site visits, through which designers can gain a direct insight into how the risks are managed in practice.’ (ACOP Para 137)

47. Reviews Regular reviews of the design involving all members of the design team are particularly important in making sure that proper consideration is given to buildability, usability and maintainability….. …..When discussing usability and maintainability, involving the client or those who will be responsible for operating the building or structure will mean that proper consideration can be given to the health and safety of those who will maintain and use the structure once it has been completed…... (ACOP Para 138)

48. Competence • Duty Holders must not accept an appointment unless they are competent to undertake the work.

49. Competence • Check Competence of all Appointees i.e. subconsultants • See Schedule in Appendix 4 of ACOP

50. Competence • Stage 1 Assessment • Management of Health & Safety • See Schedule in Appendix 4 of ACOP • Stage 2 Assessment • Experience • See Schedule in Appendix 4 of ACOP