Introduction

Due to deaths and injuries on construction sites in 1994 the Construction Design & Management Regulations (CDM Regs) were introduced to enhance the safety planning in construction and this was updated by the 2007 CDM Regs. This law enforces specific duties and restricts certain operations. The 2007 Regs also incorporates new legislation which orders that health and safety does not cease with the completion of works on a construction site but lasts long beyond.

Objectives and Legal Requirements:

The objectives of the 2007 Regs are to:

Simplify the regulations and maximise flexibility
Focus on planning and management, not “the plan” and other paperwork.
Strengthen requirements on co-operation and co-ordination to encourage better integration.
Simplify competence assessment, reduce bureaucracy and raise standards.

With regards to the Planning Supervisor, he must:

agree to perform the duties laid upon a Planning Supervisor by the 1994 Regs, in accordance with the Agreed Programme for the Project, as follows:

To receive information on the Project from the Client, in accordance with the requirements of Regulation 11(1) (2).
To assess the notifiability of the Project and advise the Client accordingly, in accordance with the requirements of Regulations 2 (1) & (4) and 3 (1)-(8).
To notify Health and Safety Executive, in accordance with the requirements of Regulation 7.
To receive any existing Health and Safety File from the Client, in accordance with the requirements of Regulation 12 (1).

3. The Planning Supervisor agrees to perform the duties laid upon a Planning Supervisor by the Construction (Design and Management) Regulations 1994, in accordance with the Agreed Programme for the Project, as follows:

3.1 To receive information on the Project from the Client, in accordance with the requirements of Regulation 11(1) (2).

3.2 To assess the notifiability of the Project and advise the Client accordingly, in accordance with the requirements of Regulations 2 (1) & (4) and 3 (1)-(8).

3.3 To notify Health and Safety Executive, in accordance with the requirements of Regulation 7.

3.4 To receive any existing Health and Safety File from the Client, in accordance with the requirements of Regulation 12 (1).

3.5 To be in a position to provide advice to the Client on the competence and resources of proposed contractors, to undertake their duties in respect of the Regulations, so far as can be established by reasonable enquiry, in accordance with the requirements of Regulations 8(2) and 9(2).

3.7 Make available for inspection any Health and Safety File received from the Client to any person who may need information in the File for the purposes of complying with the Regulations, in accordance with the requirements of Regulation 12(1).

3.8 Ensure, so far as is reasonably practicable, that the design of any structure in the Project includes among the design considerations adequate regard to the needs specified in heads I to iii of Regulation 13 2a and includes adequate information as specified in Regulation 13 2 b, in accordance with the requirements of Regulation 14 (a).

Prepare & keep the Health and Safety File up to date prior to delivery to the Client on completion of construction work, in accordance with the requirements of Regulation 14(f).

3.12 Prepare a Health and Safety Plan prior to tendering and develop this with the Principal Contractor in the post tender/pre-construction period, prior to the commencement of construction work, in accordance with the requirements of Regulation 15(1) and (2), comprising the information contained in Regulation 15(3) (a)-(f).

Tips & Advice

It is a criminal offence to not comply with the CDM 2007,
HSE must be notified of projects where construction work is expected to last more than 30 working days or 500 man days.
It is the CDM Co-Ordinator who has a duty to submit the F10 form to the HSE

Next Steps

The F10 form must be sent to: F10 Scanning Centre, Health and Safety Executive, c/o Central Despatch, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS.

References Approved Code of Practice ‘Management Construction for Health and Safety’ 1995. http://www.hse.gov.uk/ https://www.hse.gov.uk/forms/notification/f10.pdf The CDM regulation put a lot of duties and restrictions on each member of construction team to make sites safe working places. One of major changes to preceding acts is that responsibility for Health and Safety do not cease with finish of construction work as we do not want people to have accidents while using premises due to faulty design or workmanship.

Whom it concern?

Client
Designer
Principal contractor
Contractors
Workers

Clients responsibility

First and main responsibility is to protect Health and Safety of employees, other people at work and public.
Take steps to check suitable arrangements for safe design, construction, maintenance and operation.
Must appoint CDM Co-ordinator – CDM Co-ordinator do not undertake clients responsibility as in previous regulations , he works an adviser.
Must appoint Principal Contractor
Provide others with all relevant H&S information.
Updating H&S File after handover.

Designer responsibilty

Prepare design with adequate regard to H&S during construction phase, use and demolition
Provide adequate information to others on H&S matters.
Provide adequate information to others on H&S matters. Cooperate with CDM Coordinator, client and others

CDM Co-ordinator responsibility

Appointed by client (team or independent)
Coordinates H&S
Ensure issue of pre construction information
Give written notice (F10) to H&S Executive
Collect information for H&S File
Give advice about H&S competence and resources

CDM Principal Contractor responsibilty

Appointed by client
Develops and issues construction stage H&S Plan (work cannot start without this plan)
Plan for and mange project operations to ensure H&S of everybody affected by the work.

What happened if you don’t comply with client duties?

It is more likely that there will be a dangerous or fatal incident on site if you don’t follow CDM 2007 Regulation. Furthermore, your finished structure may not be safe to maintain and can be bad value for money

If you don’t appoint CDM Co-ordinator or Principal Contractor on notifiable project, it will mean that you are legally liable if the things that they should have done aren’t actually done. Serious breaches of H&S legalisation on your construction project could result in construction work being stopped by H&S Executive, additional work may be needed to put things right and in serious circumstances, you could be prosecuted.

Tips

Appoint right people
Ensure suitable management arrangements are in place
Ensure workplace is designed correctly
Ensure The H&S Plan is in place
Keep The H&S File.

Stages under CDM 2007

Design stage
Construction stage
Use and maintenance

Design stage- CDM Co-ordinator coordinate design and H&S pre construction plan to unable follow CDM 2007 Regulation and gives written notice to H&S Executive..

Construction stage- CDM Co-ordinator collect information for H&S File, coordinate and advice on H&S matter, Principal Contractor is responsible for H&S plan and issues.

Use and maintenance- design is required to ensure that use (cleaning and maintenance) can be done in safe manner, client is responsible for updating H&S file after handover (ie for alteration)

What we can do for you?

Our dedicated and professional team can prepare and check all CDM 2007 requirements for you and on request appoint right person to acct as your CDM Co-ordinator.

References

http://www.opsi.gov.uk/si/si2007/pdf/uksi_20070320_en.pdf

http://www.cskills.org/healthsafety/cdmregulations/

Enclosing your standard Health and Safety Documentation and addressing issues specific to this contract as follows:

Risk assessment on removal of debris and surplus articles from site.
Method statement to ensure safeguarding of members of the public and users of the building (you will be aware that other floors remain occupied).
You must send under separate cover copies of the certificates issued following an asbestos removal contract, and an assessment of hazards posed (if any) by redundant service installations. You must however bear in mind the possibility that if some asbestos remains in concealed locations and you should carry out a risk assessment and develop an appropriate method statement to deal with this possibility.
With regards to competence: a statement of previous contracts undertaken of a similar size should be given. With respect to resourcing confirmation that you are aware of the requirements of the CDM Regulations (and a description of the steps you will take to implement them) should suffice.