How relevant is CDM 2015

to a Facilities Manager?

A Discussion Paper Prepared by Henry Penn

April 2015

Construction Work Interpretation

Examples

“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance.

the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

Source: CDM 2015 P.2

The general principles of prevention

These principles are a requirement of the Management Regulations and apply to all industries, including construction. They provide a framework to identify and implement measures to control risks on a construction project.

The general principles of prevention are to: avoid risks; evaluate the risks which cannot be avoided; combat the risks at source; adapt the work to the individual, especially regarding 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, work at a predetermined work rate and to reducing their effect on health;

adapt to technical progress; replace the dangerous by the non-dangerous or the less dangerous; develop 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; give collective protective measures priority over individual protective measures; and give appropriate instructions to employees.

Source: HSE L21 P. 17 & L153 Appendix 1 P.73

The Right People and Organisations

Everyone working in construction to have the relevant skills, knowledge, training and experience in health and safety. (Competent Person)

Source: CDM 2015 P.10 & HSE L153 Guidance 8 P.24

Securing Construction Health and Safety

The key elements, include:managing the risks by applying the general principles of prevention;appointing the right people and organisations at the right time;making sure everyone has the information, instruction, training and supervision they need

to carry out their jobs in a way that secures health and safety;dutyholders cooperating and communicating with each other and coordinating their work;

andconsulting workers and engaging with them to promote and develop effective measures to

secure health, safety and welfare.

Effectively, adequately resource the activity.

Source: HSE L153 P.7

The main changes from the 2007 Regulations

These Regulations apply to all clients of construction projects, whether or not a person is acting in the course or furtherance of a business (regulation 2(1)).

Pre-construction archaeological investigations are not included within the scope of the definition of construction work (regulation 2(1)). The role of CDM co-ordinator has been removed and various duties have been recast including client duties (regulation 4) and general

duties (regulation 8). A client is required to appoint a principal designer as well as a principal contractor in any project where there is, or it is reasonably

foreseeable that there will be, more than one contractor working on the project (regulation 5). Under the 2007 Regulations appointments for similar roles were required for notifiable projects.

The duty to notify now lies with a client and the threshold for notification is raised (regulation 6). If a client is a domestic client, most of their duties will be carried out by the contractor, principal contractor, or principal designer

(regulation 7). The duties of the principal designer are set out in regulations 11 and 12. Modified duties of the principal contractor are set out in regulation 12 to 14. Modified duties of contractors are set out in regulation 15. Transitional provisions are set out in Schedule 4. The Secretary of State will carry out a review of the Regulations under the provisions of regulation 39.

Source CDM 2015 Explanatory Note 3 P.27

Avoiding Prosecution and Reputational Damages

My understanding of the law

The three principle legislations to managing risks during daily FM activities; The Health and Safety etc. At Work Act 1974 The Management of Health and Safety at Work Regulations 1999 The Construction (Design and Management) Regulations 2015

Supported by HSE Approved Code Of Practice; and

L21 Management of health and safety at work L24 Workplace health, safety and welfare L153 Managing health and safety in construction

Reinforced by Precedent.

Example of court judgement (Marks and Spencer Asbestos Safety Failings) http://www.hse.gov.uk/press/2011/coi-se-msasbestos.htm