Module Title: 26-7001-00S Project Administration

Paper Number: 10 x / 10

Paper Title: Paper 10- The Construction (Design & Management) Regulations

Author Chris Holt Abstract This paper reviews the implications of the Construction (Design and Management ) Regulations on the design and construction process. Health and safety must be at the forefront of all construction activity, however if the early stages of design are not checked and approved, dangerous materials and construction techniques may be imposed upon the contractor. Likewise, if construction site activity is not controlled from a Health and Safety aspect, then the operatives will be exposed to the same dangers In this respect, the Construction ( Design and Management) Regulations imposes a duty of care on all participants within the design and construction team, including the client. For example: The study paper is structured into the following four sections: Section A: Learning Outcomes Section B: Study Activities Section C: Study Notes Section D: Self Assessment The ‘Study Notes’ (section C) of this paper focus on introducing and outlining the Construction (Design and Management) Regulations The ‘Study Activities’ of this paper (Section B) serve to direct the learner to relevant reading concerning the Construction (Design and Management) Regulations

Section A: Learning Outcomes

Completion of this paper’s supporting notes, study activities and self assessment exercises will provide you with.

1. Interpret and apply contract law and the doctrine of tort to the parties involved in building contracts

2. Evaluate standard forms of contract and develop procedures to successfully fulfil any parties’ contractual responsibilities

3. Evaluate the differences between adversarial and pro-active contracts, and to develop knowledge and procedures of post contract procedures with the ability to evaluate alternative applications to suit the needs of the construction industry.

4. Understand and implement administrative procedures to satisfy health and safety contractual responsibilities

5. Develop independent thinking with the ability to solve problems and prepare complex reports, and an in-depth understanding of post contract procedures from the letting of a contract through to the financial settlement of the completed project.

By engaging successfully with this module a student will be able to

1. Evaluate current research and academic publications within the

subject domain 2. Formulate opinion upon legal and contractual issues relating to

building procedures

3. Identify and deal with both simple and complex administrative procedures and appreciate the cultural differences to these procedures imposed by alternative contract conditions

4. Evaluate and appreciate the implications of statutory requirements relating to the administration of contract procedures.

5.Make informed judgements by critically evaluating problems and prepare succinct reports to complex administrative issues

Section B: Study Activities (note: This study activity example is for a paper of only 12 hours total time allocation).

PAPER TITLE: Paper 10 - The Construction ( Design and Management ) Regulations

Time Allocation

Task 10.1

Read the supporting notes contained in ‘Section C’’

4 hour

Task 10.2

Read the following supporting references. Together they provide a substantial introduction to the concepts and practices of the Construction (Design and Management Regulations

5 hours

2.1 Read and consider the following text book GRIFFITH.P 2000 Management Systems for STEPHENSON.P Construction WATSON.P Longman Press Chapter 5 This can be accessed by: http://resourcelists.shu.ac.uk/lists/7890DF42-661F-B420-627B-71122D679343.html 2.2 Read and consider the following internet site :

1. Construction - Construction Design and Management

Regulations ... www.hse.gov.uk/construction/cdm.htm 25 Oct 2011 – The Health & Safety Executive's (HSE) information for clients, designers, workers & contractors on the Construction Design and Management Work your way through all of the requirements of the site using the 'questions and answers' section 2.3 Read and consider the following internet site :

1. The Construction (Design and Management) Regulations

2007 www.legislation.gov.uk/uksi/2007/320/contents/made The Construction (Design and Management) Regulations 2007 ... Notification of project by the CDM co-ordinator · 22. ...

2 hour

2 hour

1 hour

Application of Regulations 26 to 44 · 26

Task 10.3

Undertake the following self assessment exercises: 3 hours

Exercise 10.3.1 (1 hour) Comprehension questions After you have read the supporting notes attempt to answer the following 3 questions. Initially try to attempt each question without reference to the supporting notes. Question 1 Review the Designers and Contractors Roles under the CDM Regulations. Question 2 When should a project be classified as notifiable? Question 3 What are CSCS cards ? Exercise 10.3.2 (2 hours)

‘Client's guide to health and safety for a construction project

under the Construction (Design and Management) Regulations 2007 Year 2008 Abstract Aims to assist construction clients in understanding the health and safety duties enforced under the Construction (Design and Management) Regulations 2007 and to help ensure that a project is safe to build, use and maintain. Distinguishes ‘non-notifiable’ and ‘notifiable’ projects. Addresses the role of the CDM co-ordinator, how to determine the competence of other duty-holders, what may expected from those working within a design team, and any legal liabilities to bear in mind. .

1 hour

2 hours

Section C: Study Notes: Paper Ten-The Construction (Design and Management)Regulations Introductory Overview This paper reviews the implications of the Construction (Design and Management ) Regulations on the design and construction process. Health and safety must be at the forefront of all construction activity, however if the early stages of design are not checked and approved, dangerous materials and construction techniques may be imposed upon the contractor

Learning Outcomes of these Study Notes Upon completion of the supporting notes the learner will be able to demonstrate:

Interpret and apply contract law and the doctrine of tort to the parties involved in building contracts

Evaluate standard forms of contract and develop procedures to successfully fulfil any parties’ contractual responsibilities

Evaluate the differences between adversarial and pro-active contracts, and to develop knowledge and procedures of post contract procedures with the ability to evaluate alternative applications to suit the needs of the construction industry.

Understand and implement administrative procedures to satisfy health and safety contractual responsibilities

Develop independent thinking with the ability to solve problems and prepare complex reports, and an in-depth understanding of post contract procedures from the letting of a contract through to the financial settlement of the completed project.

By engaging successfully with this module a student will be able to

Evaluate current research and academic publications within the subject domain Formulate opinion upon legal and contractual issues relating to building procedures

Identify and deal with both simple and complex administrative procedures and appreciate the cultural differences to these procedures imposed by

alternative contract conditions Evaluate and appreciate the implications of statutory requirements relating to the administration of contract procedures.

Make informed judgements by critically evaluating problems and prepare succinct reports to complex administrative issues

Topic Title : Paper Ten - The Construction( Design & Management) Regulations Please note since the change in the CDM Regulations the title of ‘Planning Supervisor’ has now changed to ‘CDM Co-ordinator’ Where at times the notes will refer to the ‘Planning Supervisor’ please read ‘CDM Co-ordinator’

10.1 Overview- Construction (Design and Management) Regulations

2007( CDM 2007)

The CDM 2007 Regulations are about focusing attention on effective planning

and management of construction projects, from design concept onwards. The

aim is for health and safety considerations to be treated as a normal part of a

project’s development, not an afterthought or bolt-on extra. The object of the

CDM 2007 Regulations is to reduce the risk of harm to those that have to

build, use, maintain and demolish structures

10.2 Legal Requirements

The Construction (Design and Management) Regulations 2007 came into

force in Great Britain on 6 April 2007.

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.

The new CDM 2007 Regulations are supported by an Approved Code of

Practice (ACoP).

10.3 Background to CDM 2007 Regulations

Construction remains a disproportionately dangerous industry where

improvements in health and safety are urgently needed. The improvements

require significant and permanent changes in duty holder attitudes and

behaviour. Since the original CDM Regulations were introduced in 1994,

concerns were raised that their complexity and the bureaucratic approach of

many duty holders frustrated the Regulations' underlying health and safety

objectives. These views were supported by an industry-wide consultation in

2002 which resulted in the decision to revise the Regulations.

The new CDM 2007 Regulations revise and bring together the CDM

Regulations 1994 and the Construction (Health Safety and Welfare)

Regulations 1996 into a single regulatory package.

10.4 CDM 2007 Changes from the 2004 Regulations There have been various changes to the Regulations since the 2004 Regs, they are:

Client are exposed to greater risk than the 2004 Regulations.

Main drives for change is the difficulty in securing convictions against

the client.

CDM2007 drafted into 5 parts and incorporates the ' Construction

Regulations 1996'.

Scaffolds and ladders dealt with in the 'Working at Height Regulations

2005'

10.5 Construction Work Definition

‘Construction work’ is extensive and includes most building, civil engineering

or engineering construction work. A fuller description is given in the

Regulations – see Appendix 1, regulation 2 of the ACoP, HSE publication

A project is not only the construction work, but also includes all the planning,

design and management or other work until the end of the construction phase

The following are not considered to be construction work:

(a) Putting up and taking down marquees and similar tents designed to be re-erected

at various locations

.

(b) General maintenance of fixed plant, except when it is part of other construction

work or involves substantial dismantling or alteration of fixed plant large enough to

be a structure in its own right, eg structural alteration of a large silo, complex

chemical plant, power station generator or large boiler.

(c) Tree planting and general horticultural work.

(d) Positioning and removal of lightweight movable partitions, such as those used to

divide open-plan offices or to create exhibition stands and displays.

(e) Surveying – including taking levels, making measurements and examining a

structure for faults.

(f) Work to or on vessels such as ships and mobile offshore installations

(g) Off-site manufacture of items for later use in construction work, eg roof trusses,

pre-cast concrete panels, bathroom pods and similar pre-fabricated elements and

components.

(h) Fabrication of elements that will form parts of offshore installations.

(i) Construction on site of fixed offshore oil and gas installations

10.6 Notifiable Projects

A project is notifiable to HSE if the construction phase will be longer than 30

days, or 500 person days of construction work, except where there is a

domestic client. Any day on which construction work takes place is counted.

What matters is how many days of construction work the project entails, not

when these days occur or the start and finish dates. For example:

1 person working for 31 days (actual construction work) – notifiable.

60 people working for 10 days = 600 person days (based on an 8-hour day) –

notifiable.

90 people working 3 x 8-hour shifts (30 per shift) for 6 days = 540 person days

– notifiable.

30 people working 3 x 8-hour shifts (10 per shift) for 10 days = 300 person

days – not notifiable.

Work carried out before the construction phase begins should not be included.

Note: Projects for operational railways are notifiable to the Office of Rail

Regulation

As for Bank Holidays ,any day on which construction work takes place is

counted. What matters is how many days of construction work the project

entails, not when these days occur.

10.7 Duty Holders

For notifiable projects, clients should appoint CDM co-ordinators and principal

contractors sufficiently early for the benefits of their involvement in project

planning and development to be felt. Designers are not permitted to develop

their designs beyond initial design if the client has not appointed a CDM co-

ordinator.

“the client must appoint a competent, adequately resourced CDM co-ordinator

as early as possible, and before initial design work or other preparations for

construction work have been completed.

The CDM co-ordinator must be appointed early – because the role is crucial

for the effective planning and establishment of health and safety management

arrangements from the start of the project. The CDM co-ordinator must be

appointed before detailed design work begins.

The client must appoint one competent, adequately resourced principal

contractor to plan, manage and monitor the construction work. The principal

contractor must be appointed before construction work starts, and as soon as

the client knows enough about the project to select a suitable contractor.

10.8 Discharge of Duties

Yes. An individual or company can discharge more than one CDM 2007

function provided they have the appropriate level of competence .It is not

necessary for individuals or companies with CDM 2007 duties to be

independent of one another, but they must be able to exercise sufficient

independence within the role to carry out the role effectively. For example,

clients may decide to discharge the co-ordination duties themselves or they

may appoint the lead designer as the co-ordinator. It is possible for all the

duties to be discharged by the same company. However, an appointment of a

co-ordinator and principal contractor for notifiable jobs must be made

10.9 Regulations and Property Developers

Yes. Property developers are carrying out work in the furtherance of a

business, and therefore they are ‘clients’ under the Regulations. They may

also have additional roles and duties if they manage or carry out the

construction work themselves

10.10 Requirements for Demolition

A plan detailing the arrangements for how demolition work will be carried out

must be prepared before demolition or dismantling work begins. This applies

to all demolition work regardless of size, duration, or whether or not the job is

notifiable.

Demolition means the deliberate pulling down, destru ction or taking apart of a

building or other structure. This includes situations where only part of a

structure is removed. Similarly, dismantling will be considered to be the taking

down or taking apart of all, or a significant part of, a structure.

Construction operations involving the removal of non-structural elements such

as cladding, roof tiles and similar materials are not considered to be

demolition or dismantling – eg where these finishes are being replaced. But

where these operations are combined with other operations they may together

form demolition and dismantling work – eg where the whole building is being

taken down.

The making of an opening for a door, window, service riser etc – where the

majority of the wall or surface is retained – is not classed as demolition work.

The erection and taking down of a scaffold used for the purposes of

construction is construction work. Taking down a scaffold is not demolition

work in its own right

10.11 Applicaton of the Regulations Overseas

It is the location of the construction project that determines whether CDM

applies. CDM does not apply outside Britain – ie England, Scotland and

Wales – except for activities covered by the Application Outside Great Britain

Order.

Other European Union (EU) member states (including Republic of Ireland) will

have very similar legislation to CDM since this will be based on the EU’s

Temporary or Mobile Construction Sites Directive. Outside the EU local

requirements may not correspond to EU requirements. Workers employed in

Britain and sent overseas can seek to negotiate for the maintenance of health

and safety standards equivalent to those of the EU in their contracts of

employment. Workers employed outside the EU are advised to clarify the

health and safety standards that will apply.

10.12 Health and Safety Files

The construction phase plan for notifiable projects is prepared by the principal

contractor to outline arrangements for managing health and safety on site

during construction work.

The health and safety file for notifiable projects is prepared or revised by the

CDM co-ordinator. It will require the CDM co-ordinator to liaise with the client,

designers, principal contractor and contractors. The file will contain

information necessary for future construction, maintenance, refurbishment or

demolition to be carried out safely, and is retained by the client or any future

owner of the property. (Where a client gets non-notifiable work done, and a

health and safety file already exists for the premises, it should be updated if

necessary.) The file should be a useful and valuable document for the client

10.13 Competence

Competence is about being able to do your work safely, not endanger others,

and meet the legal health and safety requirements. The Regulations

emphasise competence because it is generally recognised that competent

people are safer.

The duties in the CDM Regulations work both ways. People making

appointments have to take reasonable steps to make sure that those

appointed are competent for what they are expected to do. Likewise, those

accepting such appointments should only do so if they are competent to

undertake the activity. The CDM 2007 ACoP provides practical guidance to

help people to assess competence. The advice given in the ACoP will make

the assessment of corporate and individual competence easier

10.13 Pre-Construction Information

The information should be in proportion to the risks involved in the project.

You must provide this information so that those planning or bidding for the

work can allocate resources for the control of asbestos. You should already

hold information about the presence or otherwise of asbestos but, if you have

no information, then you should arrange for a comprehensive asbestos survey

(commonly referred to as a Type 3 survey) to be carried out by a competent

person. This is particularly important where the project involves demolition. It

is not acceptable, for example, to inform others that ‘…there may be asbestos

present on the site’. You must carry out a survey that identifies whether

asbestos is present and, if so, where it is situated and what type it is

10.14 Notification

The Form F10 can be used to make notification easier. From 1 June 2008 a

new interactive F10 form (EForm) is available on the HSE website for duty

holders to complete and submit construction project notifications on line.

The CDM co-ordinator for the work is required to send the notification.

F10s completed using the online EForm system will automatically be sent to

HSE and you will be provided with an acknowledgement that is has been

received.

10.15 Roles and Responsibilities - Construction (Design and Management) Regulations 2007

10.15.1 Clients:

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.

A CDM client is someone who is having construction or building work carried

out, unless they are a domestic client. 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 other undertaking. Although a domestic

client does not have duties under CDM, those who work for them on

construction projects will.

On all projects clients will need to:

(a) Check competence and resources of all appointees

(b) Ensure there are suitable management arrangements for the project welfare

facilities

(c) Allow sufficient time and resources for all stages

(d) Provide pre-construction information to designers and contractors

Notifiable projects under CDM 2007, clients must also:

(a) Appoint a CDM co-ordinator

(b) Appoint a principal contractor

(c) Make sure that construction work does not start unless a construction phase

plan is in place and there are adequate welfare facilities on site

(d) Provide information relating to the health and safety file to the CDM co-

ordinator

(e) Retain and provide access to the health and safety file

Regulation 9 emphasises the role of the client. It demonstrates the shift towards making the client more accountable. The client will have to be more thorough in checking out H & S arrangements of the project, including allocation of sufficient time and other resources. In practice, clients will have to seek out the advice of an 'expert' in H & S matters. Regulation 9 - Client's Duty in Relation to Arrangements for Managing Projects. Reg 9(1) The Client shall take reasonable steps to ensure that the arrangements made for managing the project (including the allocation of sufficient time and other resources)...are suitable to ensure that: (a) the construction work can be carried out so far as ids reasonably practicable without risk to the safety of any person. (b) the requirements of Schedule 2 (Welfare Facilities) are complied with (c) any structure designed for use as a workplace has been designed to comply with the provisions of the Workplace Regulations 1992, which relate to the design of, and materials used in, the structure. Reg 10 Information Deals with the Client's duty in relation to information already in their possession and information provided by designers. The Client is now required to specify the amount of time that will be allowed for mobilisation. Part 3 sets out the 'additional duties' placed upon the client, designers, contractors and principal contractors. Under The Construction (Design and Management) Regulations 2007 the client in most jobs will be under a statutory duty to appoint a CDMC and a principal contractor.

10.15.2 CDM Co-ordinators

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.

A CDM co-ordinator is only required where the project is notifiable. Their main

duties are to:

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 ongoing design work;

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

prepare/update the health and safety file.

Typical duties of an independent CDMC might include:

informing the client of duties under the CDM Regulations.

advising the client on the competence and resources of designers as relevant to health and safety obligations.

issuing statutory notices to the Health and Safety Executive.

ensuring so far as is reasonably possible that potential hazards are identified,eliminated or reduced at design stages

ensuring that all consultant team members and others contributing to the design(e.g. specialists/sub-contractors) cooperate over health and safety obligations;

managing the flow of health and safety information between clients,

designers and contractors

attending pre-tender meetings with invited principal contractors to check

adequacy of resources for health and safety obligations, and written health and safety policy statements

advising the client on the competence and resources of contractors relevant to health and safety obligations

checking that the principal contractor is provided with reasonably necessary health and safety information before construction commences

appraising the principal contractor’s initial construction phase Health and Safety Plan and advising the client monitoring the principal contractor’s development of, or changes to, the construction phase plan following variations or additional work, and advising the client as necessary.

observing the principal contractor’s compliance with the construction phase plan during construction of the works, and advising the client if there are departures.

obtaining necessary information for the Health and Safety File during the design and construction stages.

preparing the Health and Safety File and advising the client on its safe keeping and future use

The role of CDMC is one which on major projects might be undertaken by an independently appointed architect who has undergone the necessary training. On simpler projects the architect as lead consultant might be well placed to take on the additional but separate role of CDMC. However, this is a statutory appointment and the services to be provided need to be fully and precisely indicated. Any architect accepting such an appointment will need to understand fully the implications, be properly trained, and have appropriate indemnity cover. It is a function which could attract considerable liability in the event of injury to persons, or losses to clients should the works be delayed because of incidents or intervention by the Health and Safety Executive. Architects should remember that even where a minor or domestic job is not notifiable to the Health and Safety Executive and there is no CDMC, the

10.15.3 The Designer:

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.

On all projects designers will need to:

Eliminate hazards and risks during design

Provide information about remaining risks

Where projects are notifiable under the Regulations, designers must also:

Check that the client is aware of their duties and that a CDM co-

ordinator has been appointed

Provide information needed for the health and safety file .

Architects might wish to consider appointment as a CDMC either on a

job. where they are also acting as the architect or one where architectural

services are provided by others. In all cases an appointment as CDMC

should be seen as distinct from the provision of architectural services

and the RIBA publishes a suitable Form of Appointment.

The CDMC will need a sound knowledge of design and construction

processes and practice, and of health and safety matters relevant to

the particular project.

The appointment is to be made as soon as is practicable after the client

has sufficient information about the project to be able to assess the

appointee’s

10.15.4 The Principal Contractors

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.

A principal contractor is only required where the project is notifiable .

The principal contractor needs to:

Plan, manage and monitor construction phase in liaison with contractor

Prepare, develop and implement a written plan and site rules (Initial plan

completed before the construction phase begins)

Give contractors relevant parts of the plan

Make sure suitable welfare facilities are provided from the start and

maintained throughout the construction phase

Check competence of all appointees

Ensure all workers have site inductions and any further information and

training needed for the work

Consult with the workers

Liaise with CDM co-ordinator regarding ongoing design

Secure the site

10.15.5 The Workers:

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.

You can do this 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

10.15.6 The Surveyors ( Quantity, Building and Valuation Surveyors) The 2007 Regulations are more onerous than the 1994 Regs. Even though the Client can no longer appoint an ' Agent', those Surveyors acting in the capacity of 'Managing Agents ( Valuation Surveyors) will, in effect be undertaking the clients role. Many Surveyors provide advice to Clients in respect to building projects, either through design or supervision services, preparation of specifications or bills of quantities and in the capacity of 'Contract Administrator' or 'Employer's Agent'. Therefore ensure that Surveyors use the HSE Publication, ' INDG368 Use of Contractors' also where 'Notifiable Projects' ensure that the Client knows. Part 2 & Part 3 will have an impact on the management of future projects, including

– external redecoration and repairs of blocks of flats.

– small extensions.

– small refurbishment projects.

– In many cases the Building Surveyor will be deemed to be the

'Designer' by virtue of the preparation of a specification or bill of

quantities.

They will have to comply with Regulation 11 - General Duties of

Designers.

In addition, surveyors need to avoid foreseeable risks to health and

safety of any person- not just those carrying out construction work but

also

– anyone cleaning or maintaining the permanent fixtures or fittings

of a structure.

– using a structure designed as a workplace.

– or those liable to be affected by such construction

10.16 CDM Do's and Don’t's

The term 'designer' has a very broad meaning within the CDM Regs. Not only

does it include architects and consulting engineers, but also quantity

surveyors, building service engineers, temporary works engineers and others

who specify the "whats" and the "hows" in detail.

10.16.1 There are a lot of misconceptions about CDM, so let's start

with what designers don't have to do:

CDM does not require designers to stifle their creativity, limit their design

freedom or place safety above aesthetics;

CDM does not require the elimination of attractive features such as atria;

CDM does not require designers to choose "the safest form of

construction" (eg. choosing between concrete, steel or timber frameworks)

(But see specific duties below for what designers do have to do);

CDM does not require designers to have a detailed knowledge of the

construction process, or to specify standard construction processes or

precautionary measures to the contractor; (But see below for what designers

do need to do)

CDM does not require designers to take into account unforeseeable hazards;

CDM does not require designers to exercise any health and safety

management functions over contractors or sub-contract designers (who often

have designer duties themselves)

10.16.2 CDM does place certain specific duties directly on

designers:

to eliminate hazards where feasible (eg. if specifying roof lights specify non-

fragile materials);

to reduce risks from those hazards that cannot be eliminated (eg. specify

designs and coatings for materials at height to reduce the need/frequency for

replacement, cleaning and re-painting);

to provide information on residual risks if they are significant (eg. if a set

sequence of assembly or demolition is required to maintain structural stability)

and contribute to the provision of information that other designers (eg.

Structural engineers) may require for development of the design.

to consider how the building will be cleaned, maintained and ultimately

demolished

to ensure that designs for workplaces meet the requirements of the Workplace

Regulations

10.16.3 And in order to discharge these duties a competent

designer will need sufficient knowledge and experience of the

construction process. For instance:

To know what the potential hazards will be during the construction,

maintenance, cleaning and dismantling of your design.

To satisfy themselves that there is at least one safe way of constructing their

design. (The client doesn't want a design that can't be built or can only be built

at disproportionate expense!)

If this involves seeking specialist advice, or working with a construction

partner, then so be it.

10.16.4 None Compliance with my duties under CDM 2007?

It is more likely to have a dangerous or fatal accident while construction work

is carried out if the CDM 2007 Regulations are followed. In addition, the

finished structure may not be safe to use, safe to maintain and may not deliver

you good value for money.

Construction is a high-risk industry. Around one third of all workplace fatalities

occur in construction and many thousands are injured each year. Such

incidents often have a significant and long lasting effect on the individuals,

their colleagues, family, friends and business. By following CDM 2007, you

will be helping to stop this from happening.

HSE staff are there to give help and advice, particularly to smaller businesses

who may not have a lot of knowledge. When they do find problems they will

aim to deal with you in a reasonable and fair way.

However, serious breaches of health and safety legislation on your

construction project could result in construction work having to be stopped by

HSE or your local authority and additional work maybe needed to rectify

matters. In the most serious circumstances you may be prosecuted.

HSE's focus will be on what is achieved in common practice not the detail of

how it is achieved or the associated documentation.

HSE will enforce CDM 2007 in accordance with the Health and Safety

Executive's (HSE) published 'Enforcement Policy Statement' ‘Enforcement'

has a wide definition, ranging from advice, to more formal sanctions and

prosecution. The principles of the enforcement policy are: Proportionality,

Targeting, Consistency, Transparency and Accountability. HSE will focus on

serious problems and not trivialities.

10.17 ConstructionSkills Certificatio Scheme (CSCS)

A CSCS Cards is the most important qualification in construction. A CSCS Card shows that you have the skills required to work well in your trade and that you have the Health and Safety knowledge needed to work safely. CSCS Cards are graded by a colour system, the CSCS Card you qualify for depends on your level of training, experience and qualifications.

The CSCS Card will be specific to a trade and will also contain relevant information about you on its computer chip so that the information can be checked on site. Currently about 80% of UK Construction sites require all workers to have a CSCS Card.

On obtaining the qualifications needed for a specific CSCS Card you will have to sit a CSCS Health, Safety & Environment Test which will test the operative on health and safety issues relevant to your trade. Once the operative has passed the test you will be eligible for a CSCS Card and can apply for one.

Cards are also provided for construction professionals with a wide range of skill cards including:

CSCS Cards Construction Related Occupation (White/Grey), Professionally Qualified Person (PQP White/Yellow) and the Yellow Visitor card.

JIB Card s Cards for those in the plumbing industry including the Blue JIB Card.

CSCS card colours are as follows

Red Trainee Green Operative Blue Advanced Craft Gold Supervisory Black Managerial

10.18 CDM Co-ordinator Health and Safety Plan Check List

Before works commence, the Planning Supervisor/ Co-Ordinator will have to

produce and verify a Safety Plan. It will consist of the following items

Introduction

Nature of project

The existing environment

Existing drawings and documents

The design

Construction materials

Overlap with Clients undertakings

Site Rules

Continuing liaison

Tender stage method statement

10.18 The New Engineering Contract and the CDM Regulations

Within the Contract Data section of the contract the Planning Supervisor, now

called the CDM Co-ordinator will be named.

Under the Secondary options of the New Engineering Form of Contract form

of contract, the clause dealing with the Regulations will be

(U) The Construction (Design & Management) Regulations

In essence this clause binds all parties to the Regulations

10.19 The JCT Form of Contract and the CDM Regulations

A breach of the CDM Regulations is a criminal offence, however, except for

two instances, a breach will not give rise to civil liability. Therefore, one person

cannot normally sue another for breach of the CDM Regulations.

Compliance with the Regulations is made a contractual duty so that breach of

the Regulations is also a breach of contract. The important clauses are mainly

clause 3.25 and 3.26 in the Standard Building Contract.(SBC)

Article 5 in the SBC assumes that the architect will be the planning

supervisor/CDM co-ordinator under the Regulations. Under the Design and

Build contract it will be the Contractor. If that is the case, careful planning will

be requird to deal with the hand-over after tender stage from the previous

planning supervisor/co-ordinator to the contractor acting in that role.

On careful inspection of the contract, it is possible to see the eord ‘or’ enabling

the user to insert an alternative name. It is not at all certain that every

architect will want to take on the role.

Article 6 records the name of the Principal Contractor. That will almost be the

contractor under the contract.

There are grounds for termination (failure to comply with the Regulations) in

the list in both employer and contractor termination(clauses 8.4 and 8.9)

Three points are very significant and they should be read together. Clause

3.25 of the SBC has been included to provide that the employer ‘shall ensure’

that the planning supervisor/CDM co-ordinator carries out the duties under the

Regulations and that where the principal contractor is not the contractor, it

also will carry out the duties in accordance with the Regulations.

There are also provisions that the contractor, if not the principal contractor, will

comply with Regulations.The contractor must also ensure that any sub-

contractor provides necessary information. Compliance or non-compliance by

the employer with clause 3.25 is no longer expressly a relevant event and a

relevant matter under clause 2.29 and 4.24 as it was with the JCT 1998 forms.

Nevertheless, it may be possible to bring the situation under the impediment,

prevention or default relevant event and relevant matter, depending on the

circumstances. With careful consideration this may well be a fruitful source of

claims for contractors.

Every architect’s instruction potentially carries a health and safety implication

which should be addressed under the Regulations. The Regulations impose a

formidable list of duties on the planning supervisor/co-ordinator. Most of them

are to be found in Regulation 14 and 15. Some of these duties must be

carried out before work is commenced on site. If necessary actions delay this

issue of an architect’s instruction or. Once issued, delay its execution, the

contractor will be able to claim.

The contractors role as a planning supervisor/co-ordinator is irrelevant for this

purpose.

There may be occasions when the Regulations do not fully apply to the Works

as` described in the contract. If the situation changes owing to the issue of an

architect’s instruction or some other cause, the employer may be faced with

substantial delay as appointments of a planning supervisor/co-ordinator and

principal contractor are made and` appropriate duties are carried out under

the full Regulations

It is certain that the key factor for employers, architects, planning supervisors

and principal contractors is to structure their administrative procedures very

carefully if they are to avoid becoming in breach of their contractual

obligations

10.17 Paper Summary The compliance with Health and Safety law and the CDM Regulations is essential for the well being of the workforce. Apart from the tragic loss of life or serious injuries suffered, the loss of production time is also important. With reference to market image, at the end of the day, a high profile client will not want to associate their public image with a dangerous designer or contractor. The general public will always remember the death or injuries sustained on a building project, rather than the final aesthetical merits of a development project. Reference/Bibliography Health and Safety Executive Web Site BAKER, Anthony 'Tighter Controls' RICS Journal Page 18l July 2006 FERGUSON, Alec 'CDM: What You Need To Know' CIOB Construction-Manager Journal Page 42 March 2007

Section D: Self Assessment Exercise 10. 3.1 ( 1 hour) Comprehension questions Question 1 Review the Designers and Contractors Roles under the CDM Regulations. Question 2 When should a project be classified as notifiable? Question 3 What are CSCS cards ?

Exercise 10. 3.2 (2 hour)

Answers to Exercise 10. 3.1 (Section D) Question 1 Review the Designers and Contractors Roles under the CDM Regulations. Answer

The Designer’s Role

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.

On all projects designers will need to:

Eliminate hazards and risks during design

Provide information about remaining risks

Where projects are notifiable under the Regulations, designers must also:

Check that the client is aware of their duties and that a CDM co-

ordinator has been appointed

Provide information needed for the health and safety file .

Architects might wish to consider appointment as a CDMC either on a

job where they are also acting as the architect or one where architectural

services are provided by others. In all cases an appointment as CDMC

should be seen as distinct from the provision of architectural services

and the RIBA publishes a suitable Form of Appointment.

The CDMC will need a sound knowledge of design and construction

processes and practice, and of health and safety matters relevant to

the particular project.

The appointment is to be made as soon as is practicable after the client

has sufficient information about the project to be able to assess the

appointee’s

The Principal Contractor’s Role

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.

A principal contractor is only required where the project is notifiable .

The principal contractor needs to:

Plan, manage and monitor construction phase in liaison with contractor

Prepare, develop and implement a written plan and site rules (Initial plan

completed before the construction phase begins)

Give contractors relevant parts of the plan

Make sure suitable welfare facilities are provided from the start and

maintained throughout the construction phase

Check competence of all appointees

Ensure all workers have site inductions and any further information and

training needed for the work

Consult with the workers

Liaise with CDM co-ordinator regarding ongoing design

Secure the site

Question 2 When should a project be classified as notifiable? Answer

1 person working for 31 days (actual construction work) – notifiable.

60 people working for 10 days = 600 person days (based on an 8-hour day) –

notifiable.

90 people working 3 x 8-hour shifts (30 per shift) for 6 days = 540 person days

– notifiable.

30 people working 3 x 8-hour shifts (10 per shift) for 10 days = 300 person

days – not notifiable.

Question 3 What are CSCS cards ? Answer

A CSCS Cards is the most important qualification in construction. A CSCS Card shows that you have the skills required to work well in your trade and that you have the Health and Safety knowledge needed to work safely. CSCS

Cards are graded by a colour system, the CSCS Card you qualify for depends on your level of training, experience and qualifications.

The CSCS Card will be specific to a trade and will also contain relevant information about you on its computer chip so that the information can be checked on site. Currently about 80% of UK Construction sites require all workers to have a CSCS Card.

On obtaining the qualifications needed for a specific CSCS Card you will have to sit a CSCS Health, Safety & Environment Test which will test the operative on health and safety issues relevant to your trade. Once the operative has passed the test you will be eligible for a CSCS Card and can apply for one.

Cards are also provided for construction professionals with a wide range of skill cards including:

CSCS Cards Construction Related Occupation (White/Grey), Professionally Qualified Person (PQP White/Yellow) and the Yellow Visitor card.

JIB Card sCards for those in the plumbing industry including the Blue JIB Card.

The card colours are as follows

Red Trainee Green Operative Blue Advanced Craft Gold Supervisory Black Managerial