Health and Safety
Executive / Commission
Construction
Construction (Design and Management) Regulations 2007
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.
For basic construction trades, such as bricklayers, carpenters and painters and decorators, the achievement of an NVQ (or SVQ in Scotland) Level 2 qualification or higher will assure a level of competence in line with the requirements of CDM 2007.
The CITB –CS Health and Safety Test, a computer based multiple choice test which tests a basic level of health and safety knowledge, provides a good way of ensuring that new entrants have a threshold knowledge of health and safety. In other sectors, schemes such as the two-day CCNSG course in the Engineering Construction Sector provide an equivalent mechanism.
Possession of a CSCS card does mean that the individual has achieved a recognised level of competence, but employers need to be careful that the trade or work occupation on the card matches the work activity to be carried out, and that the actual level of experience and training of the individual is sufficient.
Where less experienced staff are engaged to carry out construction work, additional supervision must be provided to ensure that adequate risk control is achieved.
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 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.
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 useful and valuable document for the client.
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.
Part 4 of the Regulations contains the duties to control specific worksite risks which were formerly contained as provisions in the Construction Health Safety and Welfare Regulations 1996. For example, requirements on safe working near excavations, during demolition and dismantling, while working with explosives and maintaining safe access to and from places of work are contained here.
Part 4 applies to all construction work and places duties on any person carrying out construction work, or any person under the control of a person carrying out construction work.
Reg 13(6) requires contractors to prevent unauthorised access to sites, and Reg 27(2) requires sites to be identified with signs and/or fenced off. Isn’t this the same thing?
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.
Further information can be obtained from:
Reg 24 places a duty on principal contractors to make and maintain arrangements to enable effective co-operation between all parties on site, and to consult with all workers on site. Consultation means not only giving information to workers but also listening and taking account of what workers say, before making health and safety decisions. Part of the purpose of consultation is to ensure that the measures taken on site to protect workers health and safety are effective.
Principal contractors are encouraged to develop a variety of methods of communication and consultation with the workforce, to develop collaboration and trust. When matters of concern are raised by workers these should be actioned, and feedback given to the workforce. Evidence that this is happening provides assurance that effective worker engagement is in place.
Involving the workforce in identifying and controlling risks is crucial in preventing accidents. Whether projects are notifiable or not, contractors have a duty in Regulation 13 to inform workers of their procedures for stopping work in the event of serious and imminent danger, and to provide training where necessary. This should ensure that workers are willing and able to intervene to prevent an accident sequence developing.