IntroductionIntroductionConstruction Design Construction Design

& &

Management Regulations Management Regulations

1994 - 2007 1994 - 2007

Key Changes and Practical ApplicationsKey Changes and Practical Applications

By John CurryBy John Curry

Health & Safety OfficerHealth & Safety Officer

Background – CDM 1994Background – CDM 1994

Construction (Design & Management) Regulations 1994 implemented Construction (Design & Management) Regulations 1994 implemented key aspects of a construction European Directive key aspects of a construction European Directive 92/57/EEC92/57/EEC

It identified the need to reduce risk by better co-ordination, It identified the need to reduce risk by better co-ordination, management and co-operationmanagement and co-operation

For the first time the duties on clients and designers were made more For the first time the duties on clients and designers were made more explicitexplicit

CDM 1994 led to a major change in how the Construction industry CDM 1994 led to a major change in how the Construction industry managed health and safetymanaged health and safety

CDM 2007 Overview – Slide

CDMCDM 1994 – Why Change? 1994 – Why Change?

Concerns from industry and HSE that CDM 1994 was not delivering Concerns from industry and HSE that CDM 1994 was not delivering the improvements in health and safety that were expected of itthe improvements in health and safety that were expected of it

Slow acceptance, particularly amongst clients and designersSlow acceptance, particularly amongst clients and designers

Effective planning, management, communications and co-Effective planning, management, communications and co-ordination was less than expectedordination was less than expected

Competence of organisations and individuals was slow to improveCompetence of organisations and individuals was slow to improve

Defensive verification approach adopted by many – led to Defensive verification approach adopted by many – led to complexity, bureaucracy and an abundance of paperwork.complexity, bureaucracy and an abundance of paperwork.

CDM 2007 Overview – Slide

ProblemsProblems with existing system with existing system

Too much paperwork distracted attention from the project in hand, especially Pre-tender Health & Safety Plans

· Client offloading his duties

· Designers paying lip-service to Health & Safety in design

· Insufficient notice for parties to carry out their duties

· Information not early enough or good enough

Competencency at all levels

HSE’s HSE’s ExpectationsExpectations on the on the ConstructionConstruction Industry Industry

A change in attitude is needed to deliver the much needed A change in attitude is needed to deliver the much needed improvements in construction health and safetyimprovements in construction health and safety

A ‘business as usual’ approach is not acceptableA ‘business as usual’ approach is not acceptable

Industry needs to take ownership of the management of health and Industry needs to take ownership of the management of health and safety risks, show leadership and work in partnershipsafety risks, show leadership and work in partnership

Focus on effective planning and managing riskFocus on effective planning and managing risk

Ensure people are competentEnsure people are competent

Reduce bureaucracy & paperwork Reduce bureaucracy & paperwork

CDM 2007 Overview – Slide

History of CDM 2007History of CDM 2007

Through extensive consultation and partnership working between industry and HSE The following changes came about:-

September 2002 - Discussion Document ‘Revitalising Health and Safety in Construction’

March 2005 - HSC publish Consultation Document with draft Regulations – which combine CDM 1994 and Construction (Health, Safety & Welfare) Regulations 1996

December 2005 - HSC agreed Regulations were to be supported by an Approved Code of Practice and industry produced guidance

CDM 2007 came into force on the 6th April 2007CDM 2007 Overview – Slide

The objectives of CDM 2007The objectives of CDM 2007

Simplify the regulations and improve clarity

Maximise their flexibility

Focus on planning and management, not ‘The Plan’ and other paperwork

Strengthen requirements on co-operation and co-ordination- encourage better integration of co-workers

Simplify competence assessment, reduce bureaucracy and raise industry standards

CDM 2007 Overview – Slide

Basic Aims Unchanged, but now focus onBasic Aims Unchanged, but now focus on

Principal duties on the Client

· Each project requires proper planning at an early stage

· Designers to consider Health & Safety issues at design stage Inclusive of maintenance

Contractor to have more responsibilities

Structure of CDM 2007Structure of CDM 2007

Five Key partsFive Key parts

Part 1: IntroductionPart 1: Introduction Part 2: General management duties applying to all Part 2: General management duties applying to all

construction projectsconstruction projects Part 3: Additional duties where projects are notifiablePart 3: Additional duties where projects are notifiable Part 4: Worksite health and safety requirementsPart 4: Worksite health and safety requirements Part 5: GeneralPart 5: General

Supported by a CDM 2007 Approved Code of Practice (ACoP)

CDM 2007 Overview – Slide

CDM 2007 – key pointsCDM 2007 – key points Regulations apply to all construction workRegulations apply to all construction work

Notification triggers appointment of additional duty holders and Notification triggers appointment of additional duty holders and duties in Part 3 of the Regulationsduties in Part 3 of the Regulations

Principal contractor (PC)Principal contractor (PC)

CDM co-ordinator (92/57/EEC) role of planning supervisor under CDM co-ordinator (92/57/EEC) role of planning supervisor under CDM 1994 has been removedCDM 1994 has been removed

Notification to HSE (F10 Revised Form)Notification to HSE (F10 Revised Form)

Construction phase plan requirement for pre-construction plan Construction phase plan requirement for pre-construction plan under CDM 1994 removedunder CDM 1994 removed

Health and safety file requirements simplifiedHealth and safety file requirements simplified

Most duties remain on clients, designers & contractors regardless Most duties remain on clients, designers & contractors regardless of notification, the accent is on Planning & Managementof notification, the accent is on Planning & Management

Greater clarity in relation to competence assessment and new Greater clarity in relation to competence assessment and new competence criteria in the ACoPcompetence criteria in the ACoP CDM 2007 Overview – Slide

Trigger for AppointmentsTrigger for Appointments

Notifiable construction work under CDM 2007 are construction Notifiable construction work under CDM 2007 are construction projects with a:projects with a:

Non-domestic client Non-domestic client and involve:-and involve:-

Construction work lasting longer than 30 daysConstruction work lasting longer than 30 days

oror

Construction work involving 500 person daysConstruction work involving 500 person days

Note – Trigger under CDM 1994 had been more complex Note – Trigger under CDM 1994 had been more complex five men on site rulefive men on site rule

CDM 2007 Overview – Slide

New RegulationsNew Regulations

Planning Supervisor role Relinquished & becomes the co-ordinator

Co-ordinators job is also to assist the client to carry out his duties Construction Phase Health & Safety Plan produced by the Principal

Contractor will be the main document. (Simplified Version)

CDM no longer automatically applies to any demolition contract – but method statement and detailed safe method of work still applies

New Regulations (cont)New Regulations (cont)

    The “five or more” workers on site rule no longer applies, i.e.. The “five or more” workers on site rule no longer applies, i.e.. CDM applies to all non-domestic work in excess of 30 days CDM applies to all non-domestic work in excess of 30 days duration and/or excess of 500 person daysduration and/or excess of 500 person days

CDM duties on designers CDM duties on designers alwaysalways apply (as they do at present). apply (as they do at present).

An information pack is to be prepared in lieu of a Pre-tender An information pack is to be prepared in lieu of a Pre-tender Health & Safety Plan. This is should be a much shorter and Health & Safety Plan. This is should be a much shorter and concise document than the previous pre-tender Health & Safety concise document than the previous pre-tender Health & Safety Plan. Items which are obvious from the drawings and Plan. Items which are obvious from the drawings and specification need not be includedspecification need not be included. .

Principal ContractorsPrincipal Contractors

    Must not accept an appointment unless a CDM co-ordinator Must not accept an appointment unless a CDM co-ordinator has been appointedhas been appointed

·  Develop, update and implement Health & Safety Plan·  Develop, update and implement Health & Safety Plan

· Consultation (Plan and Manage)· Consultation (Plan and Manage)

· Ensure site welfare meets required standard· Ensure site welfare meets required standard

Control of contractors clarifiedControl of contractors clarified

Designer’s DutiesDesigner’s Duties

Offence to accept an appointment unless competentOffence to accept an appointment unless competent

·  Must consider Health & Safety as part of design process·  Must consider Health & Safety as part of design process

Consider all Health & Safety risks involved in constructing the Consider all Health & Safety risks involved in constructing the building and all future maintenance & Repair worksbuilding and all future maintenance & Repair works

Pass on information of risks that cannot be eliminatedPass on information of risks that cannot be eliminated

Designer cannot accept an appointment (other than initial Designer cannot accept an appointment (other than initial work) unless the Client has appointed a co-ordinator and the work) unless the Client has appointed a co-ordinator and the HSE are notified. HSE are notified.

Please note…..Please note…..

  Both Principal Contractor and Designers have a duty to Both Principal Contractor and Designers have a duty to point out the law to a client regarding appointment of a point out the law to a client regarding appointment of a CDM Co-ordinator and notification, as it is accepted that CDM Co-ordinator and notification, as it is accepted that clients could be completely ignorant of their duties under clients could be completely ignorant of their duties under the regulations. the regulations.

Regulations 4, 5,6 and 22-24 and Part 4 of the Regulations 4, 5,6 and 22-24 and Part 4 of the Regulations. HSE ACOP.Regulations. HSE ACOP.

Time!!!Time!!!

Time is now recognised as a resource. Time is now recognised as a resource. This is explicitly referred to in new CDM This is explicitly referred to in new CDM Regulations. Regulations.

The right information, for the right people, at the The right information, for the right people, at the right time. HSE ACOPright time. HSE ACOP

CDM 2007 – Key messagesCDM 2007 – Key messages

Industry and HSE have worked in partnership to revise and simply Industry and HSE have worked in partnership to revise and simply the CDM Regulations and combine them with the CHSW the CDM Regulations and combine them with the CHSW RegulationsRegulations

The new regulations apply if you are involved in construction and The new regulations apply if you are involved in construction and will help you to improve health and safety in the industrywill help you to improve health and safety in the industry

The aims of the new regulations are to have the right people for the The aims of the new regulations are to have the right people for the right job at the right time to manage risks on site, reduce paperwork right job at the right time to manage risks on site, reduce paperwork and encourage teamworkand encourage teamwork

Focus on effective planning and managing riskFocus on effective planning and managing risk

CDM 2007 Overview – Slide

CDM Key Changes IntroductionCDM Key Changes IntroductionClients Increased Duty for ManagementClients Increased Duty for Management

Expansion on Designers Duties Expansion on Designers Duties

New Duty Holder Co-ordinatorNew Duty Holder Co-ordinator

CHSWR Revoked Included in CDM Part 4CHSWR Revoked Included in CDM Part 4

Some Transitional Arrangements Agents/Clients Co-Some Transitional Arrangements Agents/Clients Co- OrdinatorOrdinator

Notification Simplified 30 working days or 500 person daysNotification Simplified 30 working days or 500 person days

Demolition/High Risk Requires Written Plan RegardlessDemolition/High Risk Requires Written Plan Regardless

CDM Key Changes For Clients CDM Key Changes For Clients All ProjectsAll Projects

Clients no right to contract out liability

•Can rely on Coordinator for advice but duty to check competence & liability remains

•Ensure Sufficient Time and Resources Allocated

•Duty to provide relevant information not Pre-tender

•E.G Site Survey, Services Information, Existing Conditions, Asbestos, Ground Conditions

CDM Key Changes For Clients CDM Key Changes For Clients All ProjectsAll Projects

Check Competence of Other Duty HoldersCheck Competence of Other Duty Holders

Ensure Suitable Welfare from start, i.e. Compound, Ensure Suitable Welfare from start, i.e. Compound, Secure Perimeter Fencing, Welfare Units Day one Secure Perimeter Fencing, Welfare Units Day one

Maintain Reasonable Management of Project at all Maintain Reasonable Management of Project at all StagesStages

Ensure Designer Complies with Construction Ensure Designer Complies with Construction Workplace RegulationsWorkplace Regulations

CDM Key Changes For Clients CDM Key Changes For Clients NotifiableNotifiable Projects Projects

Appoint Co-ordinator as soon as possibleAppoint Co-ordinator as soon as possible

Client ensures appointments of Duty Holders if not Client ensures appointments of Duty Holders if not appointed then he becomes duty holder by defaultappointed then he becomes duty holder by default

Ensure Notification to HSE, F10 Remains but in new Ensure Notification to HSE, F10 Remains but in new formatformat

CDM Key Changes New Role CDM Key Changes New Role Co-ordinatorCo-ordinator

Role Aimed at Role Aimed at Experienced Experienced Construction ProfessionalsConstruction Professionals

Competent, Suitable co-ordinater with H&S KnowledgeCompetent, Suitable co-ordinater with H&S Knowledge

Advise Client on Competency of Other Duty Holders and Advise Client on Competency of Other Duty Holders and make the client aware of their responsibilitiesmake the client aware of their responsibilities

Co-ordinate all Parties involvedCo-ordinate all Parties involved

Remove the need for bureaucracy (paper chase)Remove the need for bureaucracy (paper chase)

CDM Key Change New Role CDM Key Change New Role Co-ordinatorCo-ordinator

Has responsibility for collating information H & S File, Has responsibility for collating information H & S File, Client still has overall responsibility for Management Client still has overall responsibility for Management

Manage the project from start to finishManage the project from start to finish

Draw people together work with all duty holdersDraw people together work with all duty holders

Not directly responsible for monitoring H&S, All Duty Not directly responsible for monitoring H&S, All Duty Holders ResponsibleHolders Responsible

Must be good communicator & competent !!Must be good communicator & competent !!

CDM Key Changes CDM Key Changes DesignerDesigner•Not to start work until Co-ordinator appointed.

•Duty to Design out Risks at Source

•Inform Others of Risks and Probable Risks Reg 11

•No Design Risk Assessments required •Risks should be highlighted on design i.e. on drawings for clarity (HSE Recommendation)

• No copious amounts of records required DRA

•Must be competent, trade body membership, H & S competence essential (no transitional period)

CDM Key Changes CDM Key Changes All ContractorsAll Contractors

•Make Sure Client is Aware of their Duties

•Must Not Start Work until Client has Provided Adequate Information

•Must Consult with Workforce on all Matters of H & S

•Provide all Relevant Information for Project

•Meet requirements of Part 4, Welfare etc

•Inform Sub contractors of time frame lead in to start of works etc

•Ensure all resources man power, materials etc can be marshalled in time

CDM Key Changes CDM Key Changes Principal Principal ContractorContractor

Must Make Client Aware of Their Duties.Must Make Client Aware of Their Duties.

F10 Must be in Place Prior to CommencementF10 Must be in Place Prior to Commencement

Principal Contractor has to be Made Aware of all Contractors on SitePrincipal Contractor has to be Made Aware of all Contractors on Site

Principal Contractor has Authority Over All on Site, Even Client Principal Contractor has Authority Over All on Site, Even Client Appointed ContractorsAppointed Contractors

Maintenance of Systems, Fencing, SignsMaintenance of Systems, Fencing, Signs

Site Inductions Site Inductions MustMust be Carried out be Carried out

CDM Key Changes CDM Key Changes Everybody InvolvedEverybody Involved

Requirement to Check Your Own CompetenceRequirement to Check Your Own Competence

Expert help can be sourced to supplement CompetenceExpert help can be sourced to supplement Competence

Ensure Required Inspections & Audits are Carried out As per Part 4Ensure Required Inspections & Audits are Carried out As per Part 4

Inform other Duty Holders of their Duties Especially the ClientInform other Duty Holders of their Duties Especially the Client

Co-operate and Communicate with all involved in ProjectCo-operate and Communicate with all involved in Project

CDM Key ChangesCDM Key Changes Competency RequirementsCompetency Requirements

As Specified in ACOPAs Specified in ACOP

Duty Holders Must Have Good Understanding, Task Duty Holders Must Have Good Understanding, Task Knowledge & Experience Knowledge & Experience

Assessment of Competency Essential i.e. Stage one or twoAssessment of Competency Essential i.e. Stage one or two

Duty Holders Need Proof of Health and Safety Duty Holders Need Proof of Health and Safety Competency, Minimum NEBOSH Construction CertificateCompetency, Minimum NEBOSH Construction Certificate

Transitional period for Co-ordinator none for DesignerTransitional period for Co-ordinator none for Designer

CDM Key Changes CDM Key Changes Competency RequirementsCompetency Requirements

•Supervisors and Managers Require CSCS with S/NVQ

•General Workers will require relevant CSCS, CPCS with S/NVQ or equivalent?

•Monitoring of Competency Still Required with Adequate Supervision and Checks Carried Out

•No Transitional Period

•Potential Problems with Foreign Workers

CDM Key Changes CDM Key Changes CHSWR Now Part 4 of CDMCHSWR Now Part 4 of CDM

Majority of Original Regulations Remain Same

Some Dialogue Changes to Promote Clearer Understanding

Demarcation of Site Changed to Include Fenced and Signed to the Perimeter

Temporary Supports/Structures Requirements More Specific

Demolition More Specific

CDM Key Changes CDM Key Changes CHSWR Now Part 4 of CDMCHSWR Now Part 4 of CDM

Explosives Requirement Specified Explosives Requirement Specified

Alteration to the Requirement for Excavation/Inspections Alteration to the Requirement for Excavation/Inspections

Additional Requirements for Working close to ElectricityAdditional Requirements for Working close to Electricity

Changes to Working Close to Water (some now covered Changes to Working Close to Water (some now covered by PUWER)by PUWER)

Doors and Gates Covered by Workplace RegulationsDoors and Gates Covered by Workplace Regulations

Changes to Provision of Personal Welfare on SiteChanges to Provision of Personal Welfare on Site

Good News Health & Safety, Works!! Good News Health & Safety, Works!! But We Still But We Still Need to ImproveNeed to Improve

HSE Figures for 2005-2006 HSE Figures for 2005-2006

59 Deaths in Construction 59 Deaths in Construction

lowest ever. With 2.2 Million Employeeslowest ever. With 2.2 Million Employees

24 Falls From Height24 Falls From Height

8 Hit by Moving Vehicles8 Hit by Moving Vehicles

Big Reduction in Major InjuriesBig Reduction in Major Injuries

Main Cause of Accident Slips, Trips & FallsMain Cause of Accident Slips, Trips & Falls

Lowest Rates of Stress Incidents of all Lowest Rates of Stress Incidents of all IndustriesIndustries

However This Year HSE ReportHowever This Year HSE Report

78 Reported deaths so far in Construction78 Reported deaths so far in Construction

10-15% Not Classed as Workplace so actual figure 10-15% Not Classed as Workplace so actual figure expected to be about 67?expected to be about 67?

But reported major injuries still fallingBut reported major injuries still falling

Reference SourcesReference Sources:- :- Construction (Design and Management) Regulations 2007Construction (Design and Management) Regulations 2007 CDM Approved Code of Practise 2007. CDM Approved Code of Practise 2007.

HSE Web Site, CDM Making a Difference Jeanette Reuben Jan HSE Web Site, CDM Making a Difference Jeanette Reuben Jan 0707

Thank You!!Thank You!!