Entertainment and Leisure - Frequently asked questions
How might I define a construction project in the context of an event/production?
A project includes construction work and involves all planning, design, management or other work undertaken up until the end of the construction phase. In the context of an event/production, you have the flexibility to treat the whole event/production as one project e.g. the build and takedown phases combined. Alternatively, you can treat construction activity as separate projects within an event/production.
Where can I find the definition of construction work?
Construction work is defined in CDM 2015, Regulation 2(1). The definition is broad and covers work of any scale and complexity. However, you should always take a proportionate approach to managing the risks involved.
Are all investors CDM clients?
No. If an investor just provides money, a loan/grant for an event/production and is not someone for whom a construction project is carried out, then they are unlikely to be a CDM client. For guidance about what to do if it isn’t clear who a CDM client is, see HSE’s sector specific CDM 2015 guidance.
What duties do foreign clients have?
Foreign clients under CDM 2015 are treated the same as UK clients for work which they undertake in the UK.
What CDM duty does a member of the public have if they hire a venue for a wedding function or similar, which involves construction work?
CDM 2015 defines a client as anyone for whom a construction project is carried out. This definition includes both non-domestic (commercial) and domestic clients i.e. anyone for whom a construction project is carried out, which is not done in connection with a business.
For domestic clients, their duties are transferred onto other duty holders. So, depending on the arrangements, CDM client duties will be transferred to the wedding venue/planner and/or construction contractor. Compliance with their own duties as a CDM contractor will be taken as compliance with the relevant CDM client duties. In practice, this should involve little more than what they normally do in managing health and safety risks.
If the happy couple carry out the work themselves, CDM 2015 does not apply.
We are a group of volunteers, organising a small village Fete. We have contracted a marquee company to build a marquee and a lighting and sound contractor to provide a small stage and microphone for the event. What do we need to do to comply with CDM 2015?
As the organiser, co-operate with and co-ordinate your contractors work by asking them what information they need about the event and what resources they need to help them do their work safely. Provide what information is needed and the resources they require.All parties should co-ordinate their work to ensure health and safety. In practice, this should involve little more than what you normally do in managing health and safety risks.
Does CDM 2015 apply to creative arts training establishments where construction work is undertaken?
CDM 2015 applies to construction projects, including those undertaken at creative arts training establishments. In practice, this should involve little more than what they normally do in managing health and safety risks.
I’m an event organiser who manages contractors appointed by a venue. How does this affect my duties under CDM 2015?
The venue appointing organisations/individuals must take reasonable steps to satisfy themselves that those appointed have the necessary skills, knowledge and experience to undertake the relevant CDM roles and functions. An organiser would be expected to take reasonable steps to ensure this had been done by the venue.
Organisations and individuals appointed must not carry out work in relation to the project unless satisfied that the venue is aware of their duties under CDM 2015.
What CDM duties do we have as a venue when a producing company and/or an event organiser bring their production/event onto our premises?
The venue would normally hold the role of a CDM designer and/or contractor, providing services into the production as required. For example, the venue may need to provide a producing company with information like permissible floor loadings to assist with design and build work. Also, venue staff often take an active role in helping a producing company/event organiser with their management of the ‘get in’ and ‘get out’ phases of a show. So, proper cooperation and coordination between those involved is essential.
CDM 2015 doesn’t change the venue’s duties in relation to licensing.
My organisation manufactures individual components for temporary structures and sometimes we assemble the structures on my site using my own staff, before they go out to customers. What CDM duties do I have?
If you have input to the physical design of the structure, then you will have CDM designer duties. You will also have CDM contractor duties during the assembly of the structure on your site. In practice, this should involve little more than what you normally done to manage health and safety risks.
CDM doesn’t apply to the task of manufacturing individual components.