Introduction to CDM 2007

Introduction to CDM 2007 (Construction Design & Management) Regulations

The Construction (Design & Management) regulations became law on 6th April. CDM 2007, and places legal duties on virtually everyone involved in construction work. According to the HSE, the 3 benefits of the new legislation are to:

• Improve health and safety in your industry
• Have the right people for the right job at the right time to manage the risks on site
• Focus on effective planning and managing risk - manage the risk not the paperwork

The new CDM 2007 Regulations are divided into 5 parts:

• Part 1 deals with the application of the Regulations and definitions.
• Part 2 covers general duties that apply to all construction projects.
• Part 3 contains additional duties that only apply to notifiable construction projects, i.e. those lasting more that 30 days or involving more than 500 person days of construction work.
• Part 4 contains practical requirements that apply to all construction sites.
• Part 5 contains the transitional arrangements and revocations.

To view the complete regulations: http://www.opsi.gov.uk/si/si2007/uksi_20070320_en_1

Those with legal duties under CDM 2007 are commonly known as ‘Duty Holders’. This includes Clients, CDM Co-coordinators, Designers, Principal Contractors, Contractors and Workers.

Duty Holders

Clients - A 'client' is anyone having construction or building work carried out as part of their business. This could be an individual, partnership or company and includes property developers or management companies for domestic properties. The obligations on the Client are limited, and mainly consist of appointing competent people, following their advice and providing information he has, or should have, available. Depending on the scheme, he has to appoint individuals or companies to some or all of the following roles, and ensure they have the competence and resources to carry out their obligations under the Regulations:

·         Planning Supervisor,

·         Designer(s)

·         Principal Contractor

He also has to provide any relevant information which will allow the Planning Supervisor and Designers to discharge their duties, including any information concerning the premised where construction will take place, any present and former uses of the land and any Health and Safety File relating to the premises. This information includes what is known and what could be determined by reasonable enquiry.

Before construction can start, the Client has to ensure that the Health and Safety Plan complies with Regulation 15(4). He may well seek the advice of the Planning Supervisor in reaching his decision

Following construction, the Client must receive the Health and Safety File, keep it safe and make it available for anyone who needs to see it, and hand the file over to the new owners if he disposes of the structure.

The essence is that not all Clients may be familiar with the regulations, although ignorance of the law is no excuse. The duties fall mainly on the construction professionals who are obliged to know about these things. They can guide the Client through his obligations, which must be carried out.

CDM coordinators A 'CDM co-ordinator' has to be appointed to advise the client on projects that last more than 30 days or involve 500 person days of construction work. The CDM co-ordinator's role is to advise the client on health and safety issues during the design and planning phases of construction work

Main Duties include

·         advise and assist the client with their duties;

·        notify details of the project to HSE

·         co-ordinate health and safety aspects of design work and co-operate with others involved with the project;

·         facilitate good communication between the client, designers and contractors;

·         liaise with the principal contractor regarding on going design work;

·         identify, collect and pass on pre-construction information; and

·         prepare/update the health and safety file

Designers - The term 'designer' has a broad meaning and relates to the function performed, rather than the profession or job title. Designers are those who, as part of their work, prepare design drawings, specifications, bills of quantities and the specification of articles and substances. This could include architects, engineers and quantity surveyors.

·         Eliminate hazards and reduce risks during design  

·         Provide information about remaining risks

·         Check client is aware of duties and CDM co-ordinator has been appointed

·         Provide any information needed for the health and safety file

Designers are in a unique position to reduce the risks that arise during construction work, and have a key role to play in CDM2007. Designs develop from initial concepts through to a detailed specification, often involving different teams and people at various stages. At each stage, designers from all disciplines can make a significant contribution by identifying and eliminating hazards, and reducing likely risks from hazards where elimination is not possible.

Designers' earliest decisions fundamentally affect the health and safety of construction work. These decisions influence later design choices, and considerable work may be required if it is necessary to unravel earlier decisions. It is therefore vital to address health and safety from the very start.

Designers' responsibilities extend beyond the construction phase of a project. They also need to consider the health and safety of those who will; maintain, repair, clean, refurbish and eventually remove or demolish all or part of a structure as well as the health and safety of users of workplaces. For most designers, buildability considerations and ensuring that the structure can be easily maintained and repaired will be part of their normal work, and thinking about the health and safety of those who do this work should not be an onerous duty.

Failure to address these issues adequately at the design stage will usually increase running costs, because clients will then be faced with more costly solutions when repairs and maintenance become necessary.

Where significant risks remain when they have done what they can, designers should provide information with the design to ensure that the CDM co-ordinator, other designers and contractors are aware of these risks and can take account of them

Principal contractors - A 'principal contractor' has to be appointed for projects which last more than 30 days or involve 500 person days of construction work. The key duty of principal contractors is to properly plan, manage and co-ordinate work during the construction phase in order to ensure that the risks are properly controlled. Principal contractors must also comply with the duties placed on all contractors under the Regulations. CDM2007 provides a framework for this process. With key risk management issues being set out in the construction phase health and safety plan. (For an assessment pro-forma; see Health and Safety Plan).

Principal contractors are usually the main or managing contractor. The principal contractor must be a contractor or an Estates project manager. Before appointing a contractor to the position of principal contractor the project manager must be satisfied that they are competent and adequately resourced. (See competency procedures).

·         satisfy themselves that clients are aware of their duties, that a CDM co-ordinator has been appointed and HSE notified before they start work;

·         make sure that they are competent to address the health and safety issues likely to be involved in the management of the construction phase;

·         ensure that the construction phase is properly planned, managed and monitored, with adequately resourced, competent site management appropriate to the risk and activity.

·         ensure that every contractor who will work on the project is informed of the minimum amount of time which they will be allowed for planning and preparation before they begin work on site;

·         ensure that all contractors are provided with the information about the project that they need to enable them to carry out their work safely and without risk to health. Requests from contractors for information should be met promptly;

·         ensure safe working and co-ordination and co-operation between contractors;

·         ensure that a suitable construction phase plan ('the plan') is:

·         prepared before construction work begins,

·         developed in discussion with, and communicated to, contractors affected by it,

·         implemented, and kept up to date as the project progresses; (See H & S File)

·         satisfy themselves that the designers and contractors that they engage are competent and adequately resourced

·         ensure suitable welfare facilities are provided from the start of the construction phase

·         prepare and enforce any necessary site rules;

·         provide (copies of or access to) relevant parts of the plan and other information to contractors, including the self-employed, in time for them to plan their work;

·         liaise with the CDM co-ordinator on design carried out during the construction phase, including design by specialist contractors, and its implications for the plan;

·         provide the CDM co-ordinator promptly with any information relevant to the health and safety file;

·         ensure that all the workers have been provided with suitable health and safety induction, information and training  (See Information and Training);

·         ensure that the workforce is consulted about health and safety matters;

·         display the project notification.

Contractors - A 'contractor' is a business who is involved in construction, alteration, maintenance or demolition work. This could involve building, civil engineering, mechanical, electrical, demolition and maintenance companies, partnerships and the self-employed.  Contractors and those actually doing the construction work are most at risk of injury and ill health. They have a key role to play, in co-operation with the principal contractor, in planning and managing the work to ensure that risks are properly controlled.

Contractors are expected to maintain good communication and co-operate at all times with the designated principal contractor and any others involved in the work. They are also expected to comply with all health and safety legislation and regulation and any rules given to them by the principal contractor.

What contractors must do on all projects.

For all projects contractors must:

·         satisfy themselves that they and anyone they employ or engage are competent and adequately resourced;

·         plan, manage and monitor their own work to make sure that workers under their control are safe from the start of their work on site;

·         ensure that any contractor who they appoint or engage to work on the project is with the permission of the Estates project manager/supervisor and are informed of the minimum amount of time which will be allowed for them to plan and prepare before starting work on site;

·         provide workers under their control (whether employed or self-employed) with any necessary information, including about relevant aspects of other contractors' work, and site induction (where not provided by a principal contractor or Estates safety officer) which they need to work safely, to report problems or to respond appropriately in an emergency;

·         ensure that any design work they do complies with CDM regulation 11;

·         comply with any requirements listed in Schedule 2 and Part 4 of the CDM Regulations that apply to their work;

·         co-operate with others and co-ordinate their work with others working on the project;

·         ensure the workforce is properly consulted on matters affecting their health and safety; and

·         obtain specialist advice (for example from a structural engineer or occupational hygienist) where necessary when planning high-risk work – for example alterations that could result in structural collapse or work on contaminated land;

·         when undertaking hazardous work provide the Estates project manager/supervisor with a copy of their risk assessment and method statement designed to avoid or minimise the danger to those carrying out the work or who may be affected by the work. This should include where relevant and information required for compliance with the COSHH regulations.

·         Report any notifiable accident or any near miss occurrence to the Estate project manager/supervisor.

Workers - A ’worker’ is anyone who carries out work during the construction, alteration, maintenance or demolition of a building or structure. A worker could be, for example, a plumber, electrician, scaffolder, painter, decorator, steel erector, as well as those supervising the work, such as foreman and chargehands.
All those who work in the construction industry have their part to play looking after their own health and safety and in improving the industry's health and safety record

All employees or self-employed persons on construction sites should be better informed and have the opportunity to be more involved in health and safety.

This can be achieved by:

·         Ensuring you only carry out construction work you are competent to do.

·         Reporting obvious risks.

·         Co-operating with others and co-ordinate work so as to ensure your own health and safety and others who may be affected by the work.

·         Following site health and safety rules and procedures

Project Notification

CDM 2007 requires most construction work to be notified to the HSE. Notification is required if the project, commonly referred to as a ‘construction project’, is likely to either last longer than 30 days or involve more than 500 persons days of construction work.

A ‘person day’ is one individual, including supervisors or specialist trades, carrying out construction work for one normal working shift. Any day on which construction work is carried out (including holidays and weekends) should be counted, even if the work on that day is of short duration.

Construction work for a domestic client is not notifiable. A domestic client is someone who lives, or will live, in the premises where the work is carried out. The premises must not relate to any trade, business or undertaking.

Schedule 1 of the CDM regulations details what you are required by law to notify: http://www.hse.gov.uk/construction/cdm/schedule1.htm
A form known as the F10 can be used to make notification easier: https://www.hse.gov.uk/forms/notification/f10.pdf

It is the CDM coordinator for the work that is required to send the notification to the HSE office covering the site where construction work is to take place. Notification should be submitted as soon as possible after the client has appointed the CDM coordinator.

Risk of Non-Compliance

The HSE will investigate possible serious breaches of health and safety legislation on your construction project, which could result in construction work being stopped and you having to take on additional work to rectify matters. In the most serious circumstances you may be prosecuted.

The aim of CDM 2007 is to try and reduce the risks of fatalities and injury in the construction industry.

This is only a brief outline of the CDM regulations, the key roles and what their duties entail, you can obtain a copy of the approved code of practice from the HSE website or you download a copy from HERE