1 cdm 2007 cdm 2007 vs cdm 1994 spot the difference

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1 CDM 2007 CDM 2007 Vs CDM 1994 Spot the Difference

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Page 1: 1 CDM 2007 CDM 2007 Vs CDM 1994 Spot the Difference

1

CDM 2007

CDM 2007Vs

CDM 1994

Spot the Difference

Page 2: 1 CDM 2007 CDM 2007 Vs CDM 1994 Spot the Difference

2

CDM 2007

Update

“Construction remains a disproportionately dangerous industry where improvements in health

& safety are urgently needed”

Health & Safety Executive, January 2007

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CDM 2007

Update

This is not a full explanation of the CDM Regulations

it is purely to highlight the changes

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CDM 2007

CDM 2007

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CDM 2007

Implementation Date

6th April 2007

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CDM 2007

Duty Holders

1994 Regulations 2007 Regulations

Client Client

Client’s Agent (None)

Designer Designer

Planning Supervisor CDM Co-ordinator

Principal Contractor Principal Contractor

Contractor Contractor

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CDM 2007

Documents

1994 Regulations 2007 Regulations

F10 Notification F10 Notification

Pre-Tender Health & Safety Plan (pre-construction information)

Construction Phase Health & Safety Plan

Construction Phase Plan

Health & Safety File Health & Safety File

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CDM 2007

Why Change ?

HSE concerned that after 10+ years CDM was not delivering

improvements in safety or health that were expected.

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CDM 2007

Statistics people

http://www.hse.gov.uk/statistics/pdf/rhscon.pdf

People are still getting hurt, killed and/or suffering ill health

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CDM 2007

Why wasn’t it working ? (HSE Analysis)

• excess bureaucracy, paperwork,• communication and co-ordination less than

expected• static risk assessments,• ill defined role for Planning Supervisors,

with resultant variation in competence• intentions of Regulations not widely

understood, therefore, not welcomed or implemented.

• defensive approach adopted

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CDM 2007

What it is hoped to achieve

The new Regulations have been drafted to address past problems. The key messages are:

Reduce Risk Reduce Bureaucracy / PaperworkDevelop UnderstandingTake Ownership (active management of risk)

These themes are explored later in the presentation

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CDM 2007

When do the Regulations Apply ?

Projects are NOTIFIABLE to HSE and all sections of the Regulations apply if:

More than 30 days duration on siteOrMore than 500 mandays of construction work

OrInvolve demolition 

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CDM 2007

When do the Regulations Apply ?

Small Projects are exempt from Regulations (14-24) providing that:

Project is not ‘Notifiable’

And

Number of persons at work at any one time is less than 5 (i.e. 4 max)

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CDM 2007

When do the Regulations Apply ? – Domestic Clients

Domestic clients are a special case and do not have duties under CDM2007.

No requirement to appoint CDM Co-ordinator and Principal Contractor, No Notification to HSE. However…….

Designers and Contractors must comply with Parts 2 & 4 of the Regulations and……

……the requirements in Schedules 2, Regulations 25-44 and other health and safety law still apply.

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CDM 2007

When do the Regulations Apply ? – Domestic Clients

‘Domestic clients are people who have work done on their own home or the home of a family member, that does not relate to a trade or business, whether for profit or not. It is the type of client that matters, not the type of property. Local authorities, housing associations, charities, landlords and other businesses may own domestic property, but they are not domestic clients. If the work is in connection with the furtherance of a business attached to domestic premises, such as a shop, the client is not a domestic client.’ (ACOP Para 29)

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CDM 2007

When do the Regulations Apply ?

DESIGNERS BEWARE - Designers’ Duties - Regulations 11 (& 12) (was 13):

Always apply - - to all construction work - of whatever type - and however small !!

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CDM 2007

Client

The new Regulations recognise that most clients are inexperienced and do not have the competence needed to carry out their

CDM Duties.

However…..

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CDM 2007

Client

the CDM Co-ordinator and the Principal Contractor

….until the client appoints someone else !

Client is deemed to be

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CDM 2007

Client

‘Having appointed a competentCDM Co-ordinator, the client is entitled to rely on their advice when making (these) judgements’

ACOP Para 75

(effectively passing on responsibility to the CDM Co-ordinator)

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CDM 2007

Client

Similarly for the appointment of the Principal Contractor:

‘If the Client makes a reasonable judgement that the contractor’s management arrangements are suitable, taking account of the nature and risks of the project; and it is clearly based on evidence; clients will not be criticised if the arrangements subsequently prove to be inadequate or fail to be implemented without the client’s knowledge.’

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CDM 2007

CDM Co-ordinator

CDM Co-ordinator (in the words of the HSE)‘is the Client’s Best Friend’‘a key project advisor in respect of construction health & safety’‘needs good interpersonal skills’

Regulation 14(1)‘Where a project is notifiable, the client shall appoint a person (“the CDM co-ordinator”) to perform the duties specified in regulations 20 and 21 as soon as is practicable after initial design work or other preparation for construction work has begun.’

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CDM 2007

CDM Co-ordinator

role:

Co-ordinate design work, planning and other preparation for construction where

relevant to health and safety.

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CDM 2007

CDM Co-ordinator

CDM Co-ordinators need a sound understanding of:

• health and safety in construction work;• the design process;• the importance of co-ordination of the

design process;• an ability to identify information which

others will need to know about the design in order to carry out their work safely.

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CDM 2007

CDM Co-ordinator

Multiple or Serial CDM Co-ordinators for large

and/or complex projects.

…where one individual does not possess all of

the skills and experience necessary…

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CDM 2007

Designer

Regulation 2“designer” means any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business—(a) prepares or modifies a design; or(b) arranges for or instructs any person under his control to do so,relating to a structure or to a product or mechanical or electrical system intended for a particular structure; and a person is deemed to prepare a design where a design is prepared by a person under his control; (Wurth Case)

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CDM 2007

Designer

‘Designers are those who have a trade or a business which involves them in:

preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations, and preparatory work;’

ACOP Para 115(a)

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CDM 2007

Designers’ Duties

Regulation 11(1)‘No designer shall commence work in relation to a project unless any client for the project is aware of his duties under these Regulations’

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CDM 2007

Designers’ Duties – Practice Specific Documents

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CDM 2007

Designers’ Duties – Practice Specific Documents

CDM Notification to Client – TM/3-07-01.dot

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CDM 2007

Designers’ Duties

Regulation 11(2)‘The duties in paragraphs (3) and (4) shall be performed so far as is reasonably practicable, taking due account of other relevant design considerations ’

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CDM 2007

Designers’ Duties

Regulation 11(3)‘Every designer shall in preparing or modifying a design which may be used in construction work in Great Britain avoid foreseeable risks to the health and safety of any person—(a) carrying out construction work;(b) liable to be affected by such construction work;(c) cleaning any window or any transparent or translucent wall, ceiling or roof in or on a structure;(d) maintaining the permanent fixtures and fittings of a structure; or(e) using a structure designed as a workplace.’

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CDM 2007

Designers’ Duties

Regulation 11(4)‘In discharging the duty in paragraph (3), the designer shall—(a) eliminate hazards which may give rise to risks; and(b) reduce risks from any remaining hazards,and in so doing shall give collective measures priority over individual measures.’

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CDM 2007

The Principles of Prevention

(a) avoiding risks;(b) evaluating the risks which cannot be avoided;(c) combating the risks at source;(d) adapting the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health;

cont’d……..

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CDM 2007

The Principles of Prevention …cont’d

(e) adapting to technical progress;(f) replacing the dangerous by the non-dangerous or the less dangerous;(g) developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment;(h) giving collective protective measures priority over individual protectivemeasures; and(i) giving appropriate instructions to employeesACOP Appendix 7

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CDM 2007

There is now an explicit requirement that designers should take account of the:

Workplace (Health, Safety & Welfare) Regulations 1992

Health & Safety of Buildings in Use

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CDM 2007

Regulation 11 (5)‘In designing any structure for use as a workplace the designer shall take account of the provisions of the Workplace (Health, Safety and Welfare)Regulations 1992 which relate to the design of, and materials used in, thestructure.’(known and foreseeable uses only)

Health & Safety of Buildings in Use

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CDM 2007

Communication

Regulation 11(6)‘The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or itsconstruction or maintenance as will adequately assist—(a) clients;(b) other designers; and(c) contractors,to comply with their duties under these Regulations’

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CDM 2007

Communication

Communicate effectively:

notes on drawings

written information provided with the design

suggested construction sequences

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CDM 2007

Designers’ Risk Assessment (DRA)

‘It is pointless to complete the

design first, then try to address the

risks which the design has

introduced.’ACOP Para 126

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CDM 2007

Hazard Identification and Risk Management

Eliminate

Reduce

Inform

Control

http://www.hse.gov.uk/construction/designers/content/residualhazardlist.htm

active management of risk

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CDM 2007

Hazard Identification and Risk Management

Eliminate

Reduce

Inform

Control

Reduce paperwork going forward

Project specific information

ask yourself ‘does it reduce risk ?’

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CDM 2007

Communication

To ensure involvement of the entire workforce, contractors may need to make special arrangements for workers who have little or no understanding of English, or who cannot read English. These could include providing translation, using interpreters or replacing written notices with clearly understood symbols or diagrams.(ACOP Para 245)

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CDM 2007

Designers’ Duties

Regulation 18 (1)‘Where a project is notifiable, no designer shall commence work (other than initial design work) in relation to the project unless a CDM co-ordinator has been appointed for the project.’

The Client ???

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CDM 2007

Designers’ Duties

Regulation 18 (2)‘The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist the CDM co-ordinator to comply with his duties under these Regulations, including his duties in relation to the health and safety file.’

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CDM 2007

Co-operation

‘Designers must co-operate with the client, and other designers and contractors, including those designing temporary works. This is to ensure that incompatibilities between designs are identified and resolved as early as possible, and that the right information is provided in the pre-construction information.’ (ACOP Para 135)

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CDM 2007

Co-operation

‘Co-operation can be encouraged by:(a) setting up an integrated team involving designers, principal contractor and other relevant contractors;(b) the appointment of a lead designer, where many designers are involved (see paragraph 48);(c) agreeing a common approach to risk reduction during design;(d) regular meetings of all the design team (including the CDM co-ordinator) with contractors, and others;(e) regular reviews of developing designs;(f) site visits, through which designers can gain a direct insight into how the risks are managed in practice.’ (ACOP Para 137)

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CDM 2007

Reviews

Regular reviews of the design involving all members of the design team are particularly important in making sure that proper consideration is given to buildability, usability and maintainability….. …..When discussing usability and maintainability, involving the client or those who will be responsible for operating the building or structure will mean that proper consideration can be given to the health and safety of those who will maintain and use the structure once it has been completed…... (ACOP Para 138)

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CDM 2007

Competence

Duty Holders must not accept an appointment unless they are competent

to undertake the work.

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CDM 2007

Competence

Check Competence of all Appointees i.e. subconsultants

See Schedule in Appendix 4 of ACOP

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CDM 2007

Competence

Stage 1 Assessment

Management of Health & Safety

See Schedule in Appendix 4 of ACOP

Stage 2 Assessment

Experience

See Schedule in Appendix 4 of ACOP

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CDM 2007

Competence

‘If your judgement is reasonable, and clearly based on the evidence you have asked for and been provided with, you will not be criticised if the company you appoint subsequently proves not to be competent when carrying out the work.’

ACOP – Appendix 4

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CDM 2007

F10 Notification

Client to sign or otherwise indicate he

has approved it.

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CDM 2007

Pre-Construction Information

Pre-Tender Health & Safety Plan no longer required but…. ….information must be assembled and communicated.

See Schedule in Appendix 2 of ACOP

‘The level of detail in the information should be proportionate to the risks involved in the project’ACOP Appendix 2

‘…all the information in the client’s possession (or which is reasonably obtainable),… Regulation 10(2)

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CDM 2007

Mobilisation

Client is required to set down in the Tender Documents the minimum period that the contractor will be allowed for Mobilisation.

Regulation 9 (2)(c) ‘the minimum amount of time before the construction phase which will be allowed to the contractors appointed by the client for planning and preparation for construction work;’

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CDM 2007

Health & Safety File

There should be only ONE Health & Safety File per Project/Building.

Existing files are to be updated when work is carried out

CDM Co-ordinator is to prepare Health & Safety File.

Other Duty Holders i.e. Designer/Contractor/Client are to provide information for the file.

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CDM 2007

Health & Safety on Construction Sites

Part 4 Duties Relating to Health and Safety on Construction Sites (Regulations 25-44)

25 Application of Regulations 26 to 4426 Safe Places of Work27 Good Order and Site Security28 Stability of Structures29 Demolition or Dismantling30 Explosives31 Excavations32 Cofferdams and Caissons33 Reports of Inspections34 Energy Distribution Installations

Cont’d…..

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CDM 2007

Health & Safety on Construction Sites …Cont’d34 Energy Distribution Installations35 Prevention of Drowning36 Traffic Routes37 Vehicles38 Prevention of Risk from Fire etc.39 Emergency Procedures40 Emergency Routes and Exits41 Fire Detection and Fire Fighting42 Fresh Air43 Temperature and Weather Protection44 Lighting

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CDM 2007

Health & Safety on Construction Sites …Cont’d

Regulation 27(3)No timber or other material with projecting nails (or similar sharpobject) shall—(a) be used in any work; or(b) be allowed to remain in any place,if the nails (or similar sharp object) may be a source of danger to any person.

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CDM 2007

Health & Safety on Construction Sites – Client Duty

Regulation 16Where the project is notifiable, the client shall ensure that the construction phase does not start unless—(a) the principal contractor has prepared a construction phase plan which complies with regulations 23(1)(a) and 23(2); and(b) he is satisfied that the requirements of regulation 22(1)(c) (provision of welfare facilities) will be complied with during the construction phase.

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CDM 2007

Transitional Arrangements

The new regulations will apply to projects which are already in progress.

A planning supervisor or principal contractor already appointed under the old regulations will be deemed to be the CDM coordinator or principal contractor if the client does not expressly appoint someone else to perform these functions under the new regulations, but they must ensure that they acquire the new competencies within 12 months.

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CDM 2007

Transitional Arrangements – CDM Co-ordinator

The new regulations require clients to appoint the coordinator as soon as practicable after the initial design work. If your project is notifiable, has already past the initial design stage and you have not appointed a coordinator when the new regulations come in, you should appoint a one as soon as is practicable.

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CDM 2007

Transitional Arrangements – Client’s Agent

Client’s Agent can continue by agreement until appointment revoked, project ends or five years elapses whichever is first.

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CDM 2007

ACOP

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CDM 2007

ACOP

Helpful Flow Charts in Draft ACOP have been dropped from final version

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CDM 2007

ACOP

ACOP does not contain examples of ‘Good Practice’

HSE have left Construction Industry (CONIAC) to produce its own guidance documents

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CDM 2007

CONIAC Guidance

CONIAC Guides have recently been published and are still evolving.

http://www.cskills.org/healthsafety/cdmregulations/guidance/designers.asp

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CDM 2007

Individual Responsibility

Do not be distracted by a few irresponsible operatives….

….designers can make a difference to the safety and health of building workers.

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CDM 2007

Individual Responsibility

taking construction in its widest sense to include all those who build, clean, repair, maintain, demolish and now also use our buildings as a workplace - we may touch the lives of many thousands of people.

We have a duty to all of those.