Health and Safety
Executive / Commission
Construction
Construction (Design and Management) Regulations 2007
Parts 1, 2, 4 and 5 of the Regulations apply to projects for a domestic client, but the domestic client has no duties. This is because domestic clients do not fall within the definition of a ‘client’ in Regulation 2(1).
No. This is because Part 3 of the Regulations does not apply to projects carried out for a domestic client, so there is no requirement to notify the project.
Do projects with a domestic client and which last longer than 30 days, or 500 person days of construction work, require a CDM co-ordinator, a principal contractor a written construction phase plan, and a health and safety file?
No. This is because a domestic client is not a ‘client’ as defined by the Regulations, and Part 3 of the Regulations does not apply to projects where there is a domestic client.
Yes. You will need to comply with all of the duties that apply to contractors in parts 1, 2, and 4 of the new CDM 2007 Regulations.
Yes. You will need to comply with the duties placed on designers in parts 1 and 2 of the new CDM 2007 Regulations (There are no duties on designers in parts 4).
Yes. Property developers are carrying out work in the furtherance of a business, and therefore they are ‘clients’ under the Regulations.
Yes. The management company is a business (whether for profit or not) and is classed as the client. All parts of the Regulations will apply where relevant.
You need to make sure that:
You will need suitable arrangements to ensure:
These arrangements should focus on the needs of the particular job and be proportionate to the risk arising from the work. They will mainly be made by others in the project team, such as designers and contractors. Before they start work, a good way of checking is to ask the relevant members of the team to explain their arrangements, or to ask for examples of how they will manage these issues during the life of the project. When discussing roles and responsibilities, on simple projects all that may be needed is a simple list of who does what.
No. Health and safety on site is a matter for the contractor, and the duty to reduce risks through design is a duty of the designer. Clients simply have to ensure that the initial project management arrangements which have been made are maintained. This can be achieved by seeking assurance from the designer and contractor. For a non-notifiable job, simple enquires will be enough to check that the arrangements are in place to ensure that:
You do not need to get involved with the day-to-day running of the project. There is no obligation for a client to visit the site. If you feel you need advice then it is likely to be available from the competent person you have appointed under the Management of Health and Safety at Work Regulations 1999.
For projects lasting longer than 30 days or involving more than 500 person days of construction work, clients must appoint a CDM co-ordinator. Their primary function is to advise the client. The CDM co-ordinator will be able to advise the client on the appointment of competent duty holders; assessing the adequacy of other team members’ management arrangements for the project and assessing the adequacy of the health and safety plan. The client is entitled to rely on the advice of the CDM co-ordinator when making their judgements.
No. Under CDM 1994 clients could appoint a ‘client’s agent’ who would take on the duties and liabilities of the client. Under the new CDM 2007 Regulations clients can still engage someone to carry out their client duties on their behalf, but onus for compliance with the Regulations stays with the client. This is the same as for any other health and safety regulation. However if a client’s agent has already been appointed under the CDM 1994 then, if both parties agree, he/she may continue to act as client’s agent for that project until the project comes to an end, the appointment is revoked, or five years after the introduction of the new CDM 2007 Regulations, whichever comes first.
No. A client can still ask someone else to manage the construction work on their behalf and meet their duties as a client, but the client still remains liable for meeting the client duties. This is the same situation that applies to any other health and safety responsibility.
Yes. You need to provide those bidding for the work (or those who are preparing to carry out the work) with relevant information, in your possession or with information that can be obtained by sensible enquiries, including surveys and other investigations where necessary. This allows those bidding or preparing for the work to consider these hazards when making their bids or plans, and allows them to allocate resources to control the risks that will arise from these hazards. The level of detail of the information should be proportionate to the risks involved in the project
Yes. 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 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.
No. This is because a domestic client is not a ‘client’ as defined by the Regulations, and Part 3 of the Regulations does not apply to projects where there is a domestic client.
To be a designer you have to be in a trade, business, or undertaking that involves you in preparing designs. In CDM 2007 the term “designer” relates to the function performed, rather than the profession or job title. So, for a construction project there could be “traditional” designers, such as architects, structural engineers, and civil engineers, a design and build contractor etc. Building services engineers/consultants and quantity surveyors etc are also designers. You will also be a designer if you prepare drawings, specifications, and bills of quantities.
The main designer duties under the Regulations are:
Yes. Where the project is notifiable, designers should not commence work (other than initial design work) unless a CDM co-ordinator has been appointed. They must also provide the CDM co-ordinator with any information about aspects of their design which will help him discharge his CDM 2007 duties, including information that may be needed for the health and safety file.
‘Initial design work’ includes feasibility studies to enable the client to decide whether or not to proceed with the project, and any work necessary to identify the client’s requirements or possible constraints on the development. Designers should encourage the appointment of a CDM co-ordinator at the earliest opportunity. The following examples illustrate what is beyond preliminary design, and hence that which should not be progressed in the absence of a CDM co-ordinator:
b) Work within and beyond CIC Consultant Contract 2006 Stage
This depends upon the knowledge and experience of the client, and also the complexities of the construction project. As a designer, you need to have a knowledge of the client duties as they affect the project, so that you can give the client proper advice. You need to let the client know that you cannot begin work until you have made him aware of his duties. You also need to be reasonably satisfied that the client has understood the advice that you have given.
Your aim is to eliminate hazards from the design (so far as is reasonably practicable), and reduce risks from any remaining hazards – giving priority to collective protective measures before individual protective measures. The consideration of hazard and risk is integrated within the design process, so there is no need to carry out a separate “design risk assessment”. A design review may also be useful as a means of checking that the principle aim of eliminating hazards or reducing risks is achieved. A design practice or design team may choose to develop their own arrangements to make sure that designers are aware of their responsibility to eliminate hazards and reduce risks. The nature of these arrangements will depend on the size of the design practice/team, and the type of work undertaken.
Reg 3(1) of MHSWR does require employers and the self-employed to make a suitable and sufficient assessment of risks to which their own employees are exposed at work, and also the risks arising out of, or in connection with, their work activity (e.g. designs) to which others may be exposed. The purpose of the risk assessment is to identify measures needed to comply with relevant health and safety law.
However, the risk assessment of a design should be integral to, and evolve with, the design work itself. Every design is different, and every design will require a degree of calculation, assessment, review, and the proper exercise of judgement. If a designer is complying with reg 11 of the new CDM 2007 Regulations, then as the design is worked through to completion any hazards will be eliminated and residual risks (to those who may be affected by them) reduced, so far as is reasonably practicable. This is, in effect, the application of risk assessment to the design. There is no legal requirement for a risk assessment to be in writing or recorded, however, reg 3(6)(a) of MHSWR does require the significant findings of the assessment to be recorded where an employer employs five or more people. In terms of design, the significant findings of the assessment will be the finished design, together with all relevant drawings, and any accompanying notes.
Reg 3(3) of MHSWR requires any assessment to be reviewed if no longer valid, or if there have been significant changes. Most design practices already do this, by a systematic process of design review throughout the development of the design. Designers may choose to record the reasons why a design was modified or revised so that any subsequent designers are aware of what was decided.
Para 113 of the CDM 2007 ACOP states that “compliance with Reg 11 of CDM 2007 will usually be sufficient for designers to achieve compliance with Regs 3(1), (2), and (6) of MHSWR as they relate to the design of the structure”.
You should inform others about project specific significant residual risks. This should focus on risks that may not be obvious to those who use the design. One good way of communicating this information is using notes on drawings, if you are not sure what information should be passed on talk to the
CDM co-ordinator or contractor about what they need to know.
No. Designers should avoid hazards where possible, but there will be many situations where it is not possible to avoid all hazards. Where hazards cannot be avoided, the designer should reduce the risks associated with the hazard. The amount of effort put in to avoiding hazards and reducing risks should be proportionate to the degree of risk. They are not required to spend time, money and trouble on low risk issues.
Yes. You will need to comply with the duties placed on designers in parts 1 and 2 of the Regulations (There are no duties on designers in parts 4).
No. Although the duties are broadly similar we are looking for a very different approach from the old planning supervisor. The co-ordinator is the facilitator that ensures that the project team cooperate and coordinate their work with respect health and safety and advises the client. The CDM co-ordinator, need different skills and competencies to make sure these duties are met. In particular, they must advise the client on how to meet the client’s duties under CDM 2007, and assist them in doing so. The role of CDM co-ordinator provides the client with a project adviser on health and safety management, and ensuring effective planning of the work, to assist with the appointment of competent contractors, to ensure the proper co-ordination of the design process and to prepare the health and safety file.
The main duties of CDM co-ordinators are
Advise and assist the client in meeting their duties as a client under CDM 2007, in particular
It depends on their existing competence. CDM co-ordinators must be competent for the duties that they are called on to perform. They will need good communications and inter-personal skills to fulfil their role. They will need to have a good understanding of the design and construction process and knowledge of health and safety. The transitional provisions in the new CDM 2007 Regulations allow 12 months for planning supervisors to acquire the new skills that they need. If they have not achieved competence during that period, a new CDM co-ordinator will need to be appointed.
Under the new CDM 2007 Regulations, clients are required to make sure that other members of the project team have adequate arrangements in place to ensure the health and safety of those working on the project. The CDM co-ordinator has a duty to advise and assist the client in meeting this obligation. If the CDM co-ordinator is unhappy with the arrangements made by a particular project team member, they should advise the client of their concern. The client can then insist that the problem is put right. This means that the client empowers the CDM co-ordinator to ensure that the arrangements put in place by the project team are sufficient in health and safety terms.
The CDM co-ordinator should be appointed as early as possible as but no later than after initial design work is completed. ‘Initial design work’ includes feasibility studies to enable them to decide whether or not to proceed with the project, and any work necessary to identify the client’s requirements or possible constraints on the development. 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.
Either. For many projects, particularly smaller ones, the CDM co-ordinator appointed by the client may be an individual person. For larger projects, the CDM co-ordinator is more likely to be a company/firm/partnership. In this instance it is acceptable for the name of the CDM co-ordinator on the notification form F10 to be that of the organisation.
No. This is because a domestic client is not a ‘client’ as defined by the Regulations, and Part 3 of the Regulations does not apply to projects where there is a domestic client.
Anyone can be a CDM co-ordinator provided that they have the appropriate level of competence. The CDM co-ordinator can be a designer, contractor or a stand-alone CDM co-ordinator. The task can be shared out and the role can be combined with another role for example project manager, designer or principal contractor. A formal appointment in writing must be made. Adopt a system that works for you project
No. CDM 2007 does not require the CDM co-ordinator to assess the performance on site of the principal contractor. The overall responsibility for controlling and monitoring site health and safety standards lies with the principal contractor.
The main duties of the principal contractor are to:
Nothing much has changed for you, although if you act as a principal contractor you are required to have arrangements for consultation with the workforce. You will probably find that the client asks you about your arrangements for the health and safety management of the project, and about your competence. You will also find the ACOP useful in outlining the sort of checks you should make on your subcontractor’s competence. But if you were complying with the CDM 1994 and the Construction (Health, Safety and Welfare) Regulations of 1996, then you should have no difficulties.
The contractor will be required to:
No. This is because a domestic client is not a ‘client’ as defined by the Regulations, and Part 3 of the Regulations does not apply to projects where there is a domestic client.
You need to prepare the plan before the start of construction work, for all jobs that are notifiable. The plan should be specific to the particular site or project, and set out how you will manage the construction phase and the key health and safety issues for the particular project. Keep the plan relevant – it should be a practical aid to help you. There is more information about this in the Appendix 3 of the ACOP. Although you don’t need to have a written health and safety plan for non-notifiable projects, you will still need to plan and manage these aspects of the construction phase appropriately.
No, their duties are largely the same. Contractors must co-operate with each other and with the principal contractor to co-ordinate their work activities. (This applies to adjoining sites as well as the project they are directly involved in.) Contractors should be competent for the work they are doing; plan, manage and monitor their own work to ensure health and safety; and provide suitable information and training for their workers to ensure their health and safety.
The contractor will be required to:
No. Reg 13(6) requires the contractor to take reasonable steps to prevent unauthorised access to the site. This could be access by members of the public, site workers, visitors, or delivery drivers. For instance, the contractor may wish to control access to the site, and limit it to those who have received a site induction. Access may be controlled by a gate, a security guard, or turnstile system. A banksman may be used to control vehicles arriving at site.
Reg 27(2) deals with circumstances where there are risks to health and safety on the site and it is necessary to use signage around the perimeter, or fence it off completely if the risks warrant this. For instance, painting work in an occupied office block may just be taped off with a warning sign. Pavement works in the street might have temporary barriers in place, but a larger construction site with greater hazards may require a hoarding or secure fencing.
Nothing much has changed for you, although if you act as a principal contractor you are required to have arrangements for consultation with the workforce. You will probably find that the client asks you about your arrangements for the health and safety management of the project, and about your competence. You will also find the ACOP useful in outlining the sort of checks you should make on your subcontractor’s competence. But if you were complying with the CDM 1994 and the Construction (Health, Safety and Welfare) Regulations of 1996, then you should have no difficulties.
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 the job is notifiable. Demolition means the deliberate pulling down, destruction or taking apart of a structure, or a substantial part of a structure. Similarly, dismantling will be considered to be the taking down or taking apart of all, or a substantial part of a structure. Construction operations such as the making of openings for doors, windows, services or removing non structural elements such as, stripping cladding, removing roof tiles and similar operations is not considered to be demolition or dismantling in themselves. Where these operations are combined with other operations they may together form demolition and dismantling projects. The erection and taking down of a scaffold used for the purposes of construction is construction work. The striking of a scaffold will not be considered to be the demolition or dismantling of a structure.