General 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.

The CDM 2007 Regulations apply to all construction projects where people are at work. For further information see the Introduction of the Approved Code of Practice (ACoP) - a free download is available. See also exemption for domestic clients.

The Regulations are divided into five parts:

• Part 1 – application of the Regulations and definitions.
• Part 2 – general duties that apply to all construction projects.
• Part 3 – additional duties that only apply to notifiable construction projects, ie those lasting more than 30 days, or involving more than 500 person days of construction work.
• Part 4 – practical requirements that apply to all construction sites.
• Part 5 – transitional arrangements and revocations.

‘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 L144 (free download available).

The following are not considered to be construction work:

• Putting up and taking down marquees and similar tents designed to be re-erected at various locations.
• 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.
• Tree planting and general horticultural work.
• Positioning and removal of lightweight movable partitions, such as those used to divide open-plan offices or to create exhibition stands and displays.
• Surveying – including taking levels, making measurements and examining a structure for faults.
• Work to or on vessels such as ships and mobile offshore installations.
• 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.
• Fabrication of elements that will form parts of offshore installations.
• Construction on site of fixed offshore oil and gas installations.

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.

An F10 form for notifying a project is on our website.

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

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.

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.

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.

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. 

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.

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.

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.

No. The CDM Regulations only apply in Britain – ie England, Scotland and Wales; Northern Ireland has similar legislation known as Construction (Design and Management) Regulations (Northern Ireland) 2007, which is based on the European Union’s Temporary or Mobile Construction Sites Directive. Further information on construction health and safety in Northern Ireland.

The CDM Regulations do not apply in the Channel Islands as they are not part of Britain and they have their own powers to make laws. The islands are not part of the European Union (EU) so will not be expected to follow the EU’s Temporary or Mobile Construction Sites Directive.

The Regulations do not apply on the Isle of Man. While it is part of the United Kingdom, it has its own parliament and government, which have competence over all domestic matters. The island is not part of the EU, so is not expected to follow the EU’s Temporary or Mobile Construction Sites Directive.   

The CDM Regulations do not apply in Gibraltar. While it is a British overseas territory, it governs itself through an elected parliament. The territory is part of the European Union (EU) so, as a member state, will have very similar legislation to CDM based on the EU’s Temporary or Mobile Construction Sites Directive.

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.

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 (HSE publication L144) 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.

Yes. There are powerpoint presentations available on our website that anyone can access and use. It may be necessary to edit the training sessions to suit the needs of a particular audience.