Construction is a high risk industry. Around one third of workplace fatalities occur in construction and many thousands are injured each year. The new CDM regulations were introduced as a single regulatory package to simplify and update existing regulations. CDM 2007 intend to promote health and safety further in construction and seek to ensure all those involved take health and safety into account throughout a project.
The Construction (Design and Management) Regulations 2007 (CDM 2007) came into force on 6 April 2007 and consolidate the Construction (Design and Management) Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996.
1. To whom do the regulations apply?
- Virtually everyone involved in construction work.
- All construction development and re-development work, including “the carrying out of any building, civil engineering or engineering construction work”. This includes repairs, redecoration, cleaning, refurbishment, etc. However, a project must be notified to the Health & Safety Executive (HSE) only if it lasts longer than 30 days or 500 man days of work.
- Only to projects carried out in furtherance of a business i.e. not individuals carrying out construction work to their own home.
2. What has changed?
CDM 2007 apply to construction projects commenced after 6 April 2007. There are transitional provisions which have the effect of modifying CDM 1994 in relation to projects commenced prior to 6 April 2007.
An Approved Code of Practice (ACOP) was published to accompany and give practical guidance on the application of CDM 2007. It includes detailed guidance for the assessment of the competence of Designers, CDM Co-ordinators, Contractors and Workers.
The aim is to raise construction safety standards by improving co-ordination amongst the various parties. The principles of the former regulations have not changed, but dutyholders should ensure they comply with CDM 2007 and best practice in the industry.
3. Am I a Dutyholder?
If you are a Client (party instructing construction works), CDM Co-ordinator, Designer, Principal Contractor, Contractor or Worker.
4. What do Dutyholders have to do?
Co-operate and co-ordinate with other dutyholders. Specific duties on dutyholders:
(i) The Client
No longer able to appoint an agent to take on the Client’s CDM responsibilities/liabilities. For existing projects clients’ agents will be allowed to continue until 5 April 2012, provided the agents agree to assume the duties of a Client under CDM 2007. Main duties:
- Appoint CDM Co-ordinator and Principal Contractor and retain them until end of construction phase.
- Ensure construction doesn’t start unless there are suitable welfare facilities and a construction phase plan is in place.
- Provide information relating to the health & safety file to the CDM Co-ordinator.
- Retain and provide access to the health & safety file.
(ii) The CDM Co-ordinator
The CDM Co-ordinator (previously Planning Supervisor) helps ensure co-operation and co-ordination and that all dutyholders share the information required by CDM 2007. Main duties:
- Advise and assist Client with their duties.
- Notify HSE.
- Co-ordinate health & safety aspects of design work and co-operate with others involved in project.
- Facilitate good communication between Client, Designers and Contractors.
- Liaise with Principal Contractor re ongoing design.
- Prepare/update health & safety file.
(iii) Designers
No major changes to scope of duties. Main duties:
- Check Client is aware of duties and CDM Co-ordinator has been appointed.
- Provide any information needed for the health & safety file.
- Eliminate hazards and reduce risks during design.
(iv) Principal Contractors and Contractors
Not radically altered. Main Duties:
- Plan, manage and monitor construction phase.
- Prepare, develop and implement written plan and site rules.
- Check competence of all appointees.
- Consult with Workers.
- Liaise with CDM Co-ordinator re ongoing design.
5. What do I need to do?
The HSE takes the view that CDM 2007 reflect current best practice. Dutyholders should understand CDM 2007, the improvements in the industry to which these regulations aspire, and review health and safety procedures accordingly.
6. What are the implications if I fail to do so?
If a Client fails to appoint a CDM Co-ordinator they assume all the responsibilities/duties of the CDM Co-ordinator themselves.
A breach could result in enforcement action by the HSE either by serving a prohibition or enforcement notice, or recommendation of prosecution to the Procurator Fiscal. A prosecution could result in an unlimited fine or two year prison sentence.
Contact
Deirdre Anderson
(Information posted in September 2007and may not have been updated at time of reading).