THE CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2007
CDM Regulations were introduced to integrate Health and Safety into the management of projects in order to identify hazards early so they can be eliminated or significantly reduced before work commences on site. The Regulations apply to all projects, but only projects which last for more than 30 working days or involve more than 500 person days are notifiable to the Health and Safety Executive (HSE) and thus incurring additional duties of each duty holder.
The five main duty holders as far as CDM is concerned are: Clients, Designers, Principal Contractors, Contractors, and CDM Co-ordinators. It should be noted that a domestic client has no responsibility under CDM Regulations and a project is deemed domestic if it is planned to be used by the Client or the Client’s family; for any other project, the Client is treated as a commercial Client and has to comply with all of their duties under CDM 2007 which vary in their extensiveness depending on whether or not the project is notifiable.
On non-notifiable projects, there is no CDM Co-ordinator and there is no Principal Contractor.
The Client has a duty to:
- Check the competency and resources of all the appointees.
- Ensure there are suitable management arrangements for the project including welfare facilities.
- Allow sufficient time and resources for all stages.
- Provide pre-construction information to designers and contractors.
The Designer has a duty to:
- Ensure that the Client is aware of their duties.
- Eliminate hazards from the design, and if they cannot be eliminated completely, then reduce the risk during design.
- Provide information about the remaining risks integrated into the design.
The Contractor’s duties are to:
- Check that the client is aware of their duties.
- Manage, plan and monitor their own work and the work of their employees.
- Check that their workers are competent.
- Train their own employees.
- Provide information to their workers when they require it.
- Comply with specific requirements in Part 4 of the Regulations.
- Ensure there are adequate welfare facilities for their workers on site.
Should the project be notifiable to the Health and Safety Executive a host of additional duties are required.
The Client has the additional duties to:
- Appoint a CDM co-ordinator to advise and assist the client with their duties.
- Appoint a Principal Contractor.
- Ensure that no works commence on site until there are suitable welfare facilities and a construction phase plan in place.
- Provide the CDM co-ordinator with information relating to the Health and Safety file as and when it arises.
- Retain and provide access to the Health and Safety file.
The Designer has additional duties to
- Check that a CDM co-ordinator has been appointed for the project.
- Provide any information needed for the Health and Safety file.
As the project is notifiable the Contractor is known as the Principal Contractor and has additional duties to:
- Implement a written plan and site rules.
- Ensure that all sub-contractors are given the relevant parts of the plan.
- Ensure that suitable welfare facilities are provided and maintained throughout the construction phase.
- Ensure that all employees and workers have site inductions and any further information and training is undertaken for the work.
- Liaise with the CDM Co-ordinator regarding ongoing design to eliminate risks.
- Secure the site.
- Ensure that HSE has been notified before commencing work on site.
- Ensure a CDM Co-ordinator has been appointed.
- Provide information for inclusion in the Health and Safety file and report any accidents, diseases and dangerous occurrences.
Due to the project being notifiable a CDM Co-ordinator is also required and his duties are to:
- Advise and assist the client with their duties.
- Notify the Health and Safety executive that the project is notifiable.
- Co-ordinate the Health and Safety aspects of the design work and co-operate with all others involved with the project.
- Facilitate good communication between all parties.
- Liaise with the Principal Contractor regarding ongoing design.
- Collect, identify and pass on any pre-construction information.
- Prepare and update the Health and Safety file.
One of the primary duties of a Client under CDM Regulations for both non-notifiable and notifiable projects is to provide Pre-Construction Information to designers and contractors. This provides information relevant to the site for those bidding for the work. Appendix 2 of the HSE’s Guide ‘Managing Health and Safety in Construction’ sets out a descriptive list of items that can be used to determine what Pre-construction Information should be obtained when analysing a site.
Construction Phase Plan
The Construction Phase Plan is prepared by the Principal Contractor on notifiable projects and sets out how Health and Safety is to be managed on site during the construction phase. A sensible Construction Phase Plan analyses the Pre-Construction Information and seeks to reduce the risks contained within the Pre-Construction Information by managing each item effectively in relation to Health and Safety matters. The Construction Phase Plan needs to be provided well in advance of works commencing on site so it can be checked for its adequacy by the CDM Co-ordinator who will advise the Client on its appropriateness to the site. Works on site should never commence until a Construction Phase Plan has been approved by the Client.
Health and Safety File
The Health and Safety file can be thought of as how Health and Safety is managed after the works have finished and will include guides for the upkeep and maintenance of the building as well as any residual risks.
If you would like to know more about CDM Co-ordination or have a project that is in the pipeline and will not be procured for yourself or your family, then please do not hesitate to contact Sheldon Bosley who can offer CDM Co-ordination services for your project.