1. Construction (Design & Management) Regulations 2007 Jim Armstrong MCIAT, RMaPS LINDUM CONSTRUCTION FOOD CONSTRUCTION SEMINAR

2. INTRODUCTION

3. Structure of CDM 2007 Five parts – Part 1: Introduction – Part 2: General management duties applying to all construction projects – Part 3: Additional duties where projects are notifiable – Part 4: Worksite health and safety requirements – Part 5: General Supported by a CDM 2007 Approved Code of Practice (ACoP) and Industry Guidance.... CDM 2007 Overview – Slide 11

4. Trigger for Notification Notifiable construction work under CDM 2007 are construction projects with a: –Non-domestic client and involve – more than 30 days of Construction work or – involving more than 500 person days of Construction work …. CDM 2007 Overview – Slide 13

5. CDM 2007 – key points Regulations apply to all construction work Notification triggers appointment of additional duty holders and duties –Appointment of a Principal contractor (PC) –Appointment of a CDM co-ordinator –Notification to HSE (F10 Form) –Creation of a Construction phase plan –Creation of a Health and safety file Most duties remain on clients, designers & contractors regardless of notification…. CDM 2007 Overview – Slide 12

6. CLIENTS

7. Role of clients under CDM 2007 (1) CDM 2007 recognises the influence that clients can have over the health and safety of their project and therefore makes them accountable for the impact they have on health and safety on their projects. The Regulations do not, in the main, confer new duties on the client –make explicit existing duties under the old CDM regulations as well as MHSW and HSWA –clarify how those duties should be exercised on their construction project…. CDM 2007 Clients – Slide 7

8. Duties on clients – all projects (1) Check competence and resources of those they appoint (new ACOP competence criteria) Allow sufficient time and resources Provide key information to designers and contractors (existing H&S Files) - it is for the clients to arrange for any gaps in information to be filled e.g. commissioning an asbestos survey Ensure that all those involved in the work co-operate and co-ordinate their activities The focus should be on establishing a competent project team early on which fosters a culture of co-operation and integration…. CDM 2007 Clients – Slide 9

9. Duties on clients – all projects (2) Ensure suitable management arrangements are in place –Type and level of checks needed depends on the work being undertaken and the risks involved Ensure adequate welfare facilities are on site Ensure workplaces are designed correctly –a design for a workplace should comply with Workplace (Health, Safety & Welfare) Regulations 1992…. CDM 2007 Clients – Slide 10

10. Duties on clients – notifiable projects (1) Appoint a competent CDM co-ordinator Provide CDM co-ordinator with key information Appoint a competent principal contractor Ensure the construction phase does not start unless there is – A Construction phase (health and safety) plan –And Suitable welfare facilities are in place Retain and provide access to the health and safety file and revise it with any new information…. CDM 2007 Clients – Slide 11

11. Duties on clients – Management arrangements Management arrangements should be proportionate to the complexity of the project and risks involved As will the type and level of checks needed by the client Clients and CDM co-ordinators are not required to audit or supervise work on site For notifiable projects, the client should be able to rely on a competent CDM co-ordinator Manage the risk, not the paperwork …. CDM 2007 Clients – Slide 14

12. CDM CO-ORDINATOR

13. Who is the CDM co-ordinator? CDM 2007 creates the new role of CDM co-ordinator Role is to advise the client on health and safety issues during the design and planning phases of construction work Must be appointed for notifiable projects The client / CDM co-ordinator relationship is key to this revision of CDM CDM 2007 CDM co-ordinator – Slide 2

14. Duties of the CDM co-ordinator CDM co-ordinators must give suitable and sufficient advice to clients in order to help the Client comply with their duties They should: –Help identify what information will be needed by designers and contractors –Co-ordinate the arrangements for health and safety planning of design work –If required, advise the client about selecting competent designers and contractors…. CDM 2007 CDM co-ordinator – Slide 5

15. Duties of the CDM co-ordinator (continued) –Ensure that HSE is notified of the project –Advise on the suitability of the initial construction phase plan –Prepare a health and safety file (information for the client to enable future cleaning, maintenance and alterations to be carried out safely) …. CDM 2007 CDM co-ordinator – Slide 6

16. CDM co-ordinator – Limitations on the role CDM co-ordinators do NOT have to –Approve the appointment of other duty holders, although they can give advice –Approve or check designs, just be satisfied that risk reduction is addressed –Approve or supervise the principal contractor’s construction phase plan –Supervise or monitor work on site …. CDM 2007 CDM co-ordinator – Slide 7

17. DESIGNERS

18. Who are designers? ‘Designer’ has a wide definition under CDM 2007 If you design or specify building work, then you are a designer with duties under CDM Duties apply to all projects, including non-notifiable and domestic It includes people who prepare –Drawings –Design details, analysis and calculations –Specification and Bills of Quantities The design could be on paper, computer or verbal…. CDM 2007 Designers – Slide 2

19. Duties on designers (1) Designers have to: –Ensure clients are aware of their duties –Make sure they (the designer) are competent for the work they do –Co-ordinate their work with others as necessary to manage risk –Co-operate with CDM co-ordinator and others –Gather relevant information from the Client/CDM-C –Provide information for the health and safety file or other records …. CDM 2007 Designers – Slide 5

20. Duties on designers (2) Designers must also: Take account of the Workplace (Health, Safety & Welfare) Regulations 1992 when designing a workplace structure Designers have to avoid foreseeable risks SFAIRP Provide information with the design to assist clients, other designers, & contractors In particular – inform others of significant or unusual/ “not obvious” residual risks CDM 2007 does not require “zero risk” designs, nor should it stifle creativity…. CDM 2007 Designers – Slide 7

21. Designers – design review A process of design review will help to ensure buildability, usability, & maintainability Designers should involve the contractor when reviewing buildability Designers should involve the client (or building operators) when reviewing usability and maintainability Involve the CDM co-ordinator if project is notifiable…. CDM 2007 Designers – Slide 17

22. Designers - Provision of Information Provide the right information to the right people at the right time How to inform – Method of informing is optional – Notes on drawings (stays with the detail) – Written information with the design (can be separated) – Suggested sequence of construction (only if not obvious) If in doubt – discuss it…. CDM 2007 Designers – Slide 13

23. Designers – Paperwork and Records Designers eliminate hazards and reduce risks – manage the risk, not paperwork. Design risk assessments (DRAs) are seen by many as unhelpful and should be discouraged CDM 2007 does not require designers to produce copious amounts of paperwork detailing generic hazards and risks Designers under CDM 2007 are not legally required to keep records of the design process…. CDM 2007 Designers – Slide 15

24. Additional duties for notifiable projects Check that the client has appointed a CDM co- ordinator Only ‘initial’ design work is permitted until a CDM co-ordinator has been appointed Co-operate with the CDM co-ordinator, principal contractors and with other designers or contractors so all can conform with their CDM duties Provide relevant information for the health and safety file …. CDM 2007 Designers – Slide 18

25. SUMMARY

26. Clients – Summary Duties on all construction clients, unless they are a genuine domestic client Clients have significant influence over the health and safety of construction projects The key advisor to the client for notifiable projects is the CDM co-ordinator Provide the right information to the right people at the right time Ensure that all those involved in the construction project are competent Ensure the construction team focuses on effective planning and management of risk…. CDM 2007 Summary – Slide 4

27. CDM co-ordinators - Summary CDM co-ordinator must be appointed for notifiable projects Role is to advise the client on health and safety issues during the design and planning phases, if required, they can also –Advise about selecting competent designers and contractors Advise on suitability of the initial construction phase plan They also need to: –Ensure HSE is notified of the work and any significant changes to the project scope –Help identify and pass on key information to all –Co-ordinate health and safety during planning and design work –Ensure a suitable H&S File is handed over to Client…. CDM 2007 Summary – Slide 5

28. Designers - Summary If you design or specify building work, then you are a designer with duties under CDM (a wide definition) Apply the ERI(C) principles –‘Eliminate’ hazards and ‘reduce’ risks during design and ‘inform’ others about remaining risks Forget detailed design risk assessments – simply think through the buildability, usability, maintainability and deconstructability…. CDM 2007 Summary – Slide 6

29. Closing Remarks Industry and HSE have worked in partnership to revise and simplify the CDM Regulations and combine them with the CHSW Regulations Proof of this collaboration can be seen in the wealth of H&S and CDM related guidance available this time around. Most of which is free to download from the web…. CDM 2007 Summary – Slide 2

30. Thank you for your time Jim Armstrong