LINDUM CONSTRUCTION
FOOD CONSTRUCTION SEMINAR
3rd February 2011
Construction (Design & Management)
Regulations 2007
Jim Armstrong
MCIAT, RMaPS
CDM 2007
•
The CDM 2007 Regulations are about focusing attention
on effective planning and management of construction
projects, from design concept onwards.
•
The aim is for health and safety considerations to be
treated as a normal part of a project’s development, not
an after thought or bolt on extra.
•
The object of the new CDM 2007 Regulations is to
reduce the risk of harm to those that have to build, use
and maintain structures....
CDM 2007 Overview – Slide 11
Structure of CDM 2007
•
The Regulations are in Five parts
– Part 1: Introduction (Definitions & Interpretation)
– 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
– (formerly the CHSW Regulations 1996)
– Part 5: General (transitional arrangements, revocations etc.)
•
The main point to take from this is that all your construction
projects are CDM projects....
CDM 2007 Overview – Slide 11
Remember, there are
Sanctions for breaches
•
Serious breaches of this legislation on your construction project
could result in
• construction work being stopped by HSE (with possible
additional work needed to rectify matters)
• In the most serious circumstances you may be prosecuted
•
Remember that Health and Safety law gives the courts
considerable scope to punish offenders and to deter others,
including
•
•
Unlimited fines in the higher courts
Imprisonment for some offences.....
CDM 2007 Overview – Slide 11
What is a Project under CDM
• A project is not just the construction work itself, but includes all
the planning, design, and management or other work until the end
of the construction phase.
• Of particular importance to the food industry is that the definition
of construction work is wide and some of the plant needed for
your processes are deemed structures in their own right and their
construction, commissioning and eventual demolition comes
under the CDM Regulations
• Where the project includes such ‘structures’ the construction
phase is not over until all commissioning of fixed services to this
kit is complete
• Appointments required for Notifiable Projects must be in place
until the end of the construction phase….
CDM 2007 Overview – Slide 13
When is a Project Notifiable
• Notifiable construction work under CDM 2007 are construction
projects with a:
• Non-domestic client - YOU
and involve
• more than 30 days of Construction work
or
• involving more than 500 person days of Construction work
• (say 25 people for 20 days or 50 for 10)
• Note, these are days on which construction takes place, not
calendar days….
CDM 2007 Overview – Slide 13
Notification – key points
• Notification triggers appointment of additional duty holders
and duties
– Appointment of a CDM Co-ordinator
– Notification to HSE
– Appointment of a Principal Contractor
– Creation of a Construction Phase Plan
– Creation of a Health and Safety File
• Don’t forget, most duties remain on clients, designers &
contractors regardless of whether notification is required….
CDM 2007 Overview – Slide 12
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
– They make explicit existing duties under H&S
regulations
– They clarify how those duties should be exercised on
construction projects….
CDM 2007 Clients – Slide 7
Duties on clients –
all projects (1)
• Check competence and resources of those they appoint
(new ACOP competence criteria)
•
Qualifications, membership of appropriate professional institutions
•
Appropriate experience of similar projects
• Allow sufficient time and resources to your team and those
you appoint.
• 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….
CDM 2007 Clients – Slide 9
Duties on clients –
all projects (2)
• Ensure suitable management arrangements (of H&S
issues) 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,
• (either existing or hired in for the construction phase only)
• Ensure workplaces are designed in accordance with
Workplace (Health, Safety & Welfare) Regulations 1992
• Clients should make sure things are done, not do them
themselves….
CDM 2007 Clients – Slide 10
Duties on clients –
notifiable projects (1)
• Appoint a competent CDM co-ordinator early
• Before RIBA Stage D, before detailed Planning Application
• 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 in place
• And Suitable welfare facilities are available
• Retain and provide access to the health and safety file
and revise it with any new information….
CDM 2007 Clients – Slide 11
Who is the
CDM co-ordinator?
• CDM 2007 created the new expanded role of CDM
co-ordinator which completely replaces the role of
Planning Supervisor from the 94 Regs.
• 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,
• But can be appointed for any construction project
• The Client / CDM co-ordinator relationship is key to
this revision of CDM
CDM 2007 CDM co-ordinator – Slide 2
Duties of the CDM co-ordinator (1)
• CDM co-ordinators must be able to give suitable and
sufficient advice to clients in order to help the Client
comply with their CDM duties
• They should:
• Help identify what information will be needed by
designers and contractors
• It is useful if the CDM-C has a design background in
order to assess the type of information that will be
required by the design team in moving their design
forward.
• Co-ordinate the arrangements for health and safety
planning of design work….
CDM 2007 CDM co-ordinator – Slide 5
Duties of the
CDM co-ordinator (2)
• Ensure that HSE is notified of the project
• If required by the Client, advise about selecting competent
designers and contractors
• Advise the Client on the suitability of the initial construction
phase plan• This enables the Client to consider their duty of allowing a start on site,
• Prepare a Health and Safety File
• ( which is information for the client to enable future cleaning, maintenance
and alterations can be carried out safely)
• Note, if a CDM-C (or indeed a PC) is not appointed the Client
assumes those duties and responsibilities….
CDM 2007 CDM co-ordinator – Slide 6
Who are designers?
• ‘Designer’ has a wide definition under CDM 2007
• Designer duties apply to all projects, including nonnotifiable 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
• Clients, who specify materials or methods may
assume design responsibilities under CDM ….
CDM 2007 Designers – Slide 2
Duties on designers
All projects (1)
• Designers must (for all construction projects):
– Ensure clients are aware of their CDM Client duties
– Make sure they (the designer) are competent for the work
proposed and put appropriate resources (people and time)
to the project
– Remember the 2 part competency check: qualification and
appropriate experience
– Co-ordinate their work with others as necessary to
manage risk
– Co-operate with CDM co-ordinator and others
– Provide sufficient information about the structure for
Clients, other designers and contractors….
CDM 2007 Designers – Slide 5
Duties on designers
All projects (2)
Designers must also:
•
Avoid foreseeable risks in their designs SFAIRP
•
(so far as is reasonably practicable)
•
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
Design reviews
•
Design teams should hold design reviews for H&S
issues to help ensure buildability, usability, &
maintainability of the structure
•
Designers should involve
•
•
the contractor when reviewing buildability
•
the CDM co-ordinator if one is appointed….
the client (or building operators) when reviewing
usability and maintainability
CDM 2007 Designers – Slide 17
Designers Provision of H&S Information
•
The aim is to provide the right information to the right
people at the right time.
•
There is no “right or wrong” way for designers to provide
information to others. It will depend upon what the
information is, and to who needs to use it.
•
Methods of informing may include
– Notes on drawings
– (will stay with the drawn detail but need to be concise)
– Separate written information
– (can get separated from the drawn information) but can be much fuller in
content
– Suggested sequence of construction (only if not obvious)….
CDM 2007 Designers – Slide 13
Designers –
Paperwork and Records
• Designers should eliminate hazards and reduce risks
created by their designs, however
• Design Risk Assessments (DRAs) are unhelpful and
should be discouraged
• The clear message from HSE is that they do not expect designer
risk assessments to be done. If they are done it is because they are
of benefit to the design process.
• Designers under CDM 2007 are not legally required to
keep records of the design process
• However, brief records why key decisions were made will be
helpful when designs are passed to another party, to prevent
decisions being reversed for the wrong reasons….
CDM 2007 Designers – Slide 15
Additional duties on Designers for
notifiable projects
• Check that the client has appointed a CDM coordinator
• Only ‘initial’ design work is permitted until a CDM
co-ordinator has been appointed
• initial design can be considered to be no more than work
within and before RIBA Stage C (Design Concept)
• 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
Closing Remarks
• Industry and the HSE have worked in partnership to
revise and simplify the CDM Regulations and to
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
Thank you for your time
Jim Armstrong