Health and Safety
Executive / Commission
Construction
Construction (Design and Management) Regulations 2007
The new CDM 2007 Regulationss 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 after thought or bolt on extra. The object of the new CDM 2007 Regulations are to reduce the risk of harm to those that have to build use and maintain structures.
Yes and No! Firstly, Parts 1, 2 & 3 of the new CDM 2007 Regulations deal with similar issues as CDM 1994, on how construction projects should be managed and organised to ensure health and safety. However, although this is a revision, there are some differences. Secondly, the existing Construction (Health, Safety and Welfare) Regulations 1996 are completely revoked. These regulations dealt mainly with health, safety and welfare requirements on site during the construction phase and have now been incorporated as Part 4 of the new CDM 2007 Regulations, with little change.
So the previous 2 sets of regulations are now combined into one package.
CDM 2007 applies to all construction projects where people are at work. The new Regulations are divided into five parts:
A project is notifiable to the HSE if the construction phase will be longer than 30 days or 500 person days of construction work. (Projects for operational railways will be notifiable to the Office of Rail Regulation). An F10 form for doing this is available on our web site
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.
The new CDM 2007 Regulations will apply to projects that are already in progress. There are a number of provisions to aid the transition from the old duties to the new e.g. a planning supervisor or principal contractor already appointed under CDM 1994 will be deemed to be the CDM co-ordinator or principal contractor, but they must ensure that they acquire the new competencies within 12 months, if necessary.
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.
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. For example, clients may decide to discharge the coordination 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.
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.
The construction phase plan is prepared by the principal contractor for notifiable projects, to outline the arrangements for managing health and safety on site during construction work.
The health and safety file is prepared or revised by the CDM co-ordinator for notifiable projects. 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 usual and valuable document for the client.
CDM 2007 competence is about being able to perform your health and safety requirements and avoiding contravening health and safety law. There is justifiable emphasis on competence, because it is generally recognised that competent people are safer. The duties in the new CDM 2007 Regulations work both ways. Persons making appointments have to take reasonable steps to ensure that those who are 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 new CDM 2007 ACOP now provides practical guidance to assist people in assessing competence. The advice given in the ACOP will make the assessment of corporate and individual competence easier.
Yes. There will be a powerpoint presentation available on the HSE website which anyone can access and use as they see fit. It may be necessary to edit it to suit the needs of the audience receiving it.