A P S | T H E A S S O C I AT I O N F O R P R O J E C T S A F E T Y ISSUE 43 12 | 2016

SHAPING & SHARING GOOD PRACTICE IN

CONSTRUCTION HEALTH & SAFETY DESIGN RISK MANAGEMENT

WHAT A SHOWCASE 06 FIRST A VISIT TO THE HOUSE OF COMMONS,

THEN AN EVENING OF CELEBRATION,

CONGRATULATION AND COLLABORATION

STUDENT DESIGNERS 08 MORE UNIVERSITIES AND STUDENT

DESIGNERS ARE BUILDING HEALTH AND

SAFETY INTO TERTIARY EDUCATION

ALL THE WINNERS 10–15AND THE WINNERS WERE... REMARKABLE

IN QUALITY AND DIVERSITY BUT UNITED IN

THEIR DEMONSTRATION OF EXCELLENCE

APS AWARDS

CELEBRATINGEXCELLENCETHE 9th ANNUAL APS NATIONAL

CDM AWARDS WERE THE BIGGEST

AND MOST SUCCESSFUL YET,

WITH NINE NEW AWARDS

CATEGORIES RECOGNISING

EXCEPTIONAL PERFORMANCE IN

PRACTICE IN THE FIRST YEAR OF

THE NEW CDM2015 REGULATIONS.

The first-ever health and safety event of its kind: this is a chance to get together with digital technology experts over three days in March 2017, to produce an actual or prototype solution to a real-world health and safety problem. And it’s free to attend!

The digital future of health and safety

With Hack_Construct

APS Hackathon

Dates: Friday 17 March 2017 (evening) Saturday 18 March 2017 (all day) Sunday 19 March 2017 (all day)

Venue: MadLab, Manchester M4 1HN

Cost: FREE, but you must reserve a place. You’ll need to book your own accommodation. Look out for special hotel deals on the APS website.

@APStalk #hackAPS

To find out more or reserve a space: www.aps.org.uk/aps-hackathon

To find out more or reserve a space: www.aps.org.uk/aps-hackathon 01

APS PEOPLE

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AWARDS SET THE SEALON AN EXCELLENT YEAR

CONSTRUCTING EXCELLENCENATIONAL HEALTH AND SAFETY AWARD

APS FELLOW JOHN NIELSEN

The APS Awards Dinner and Presentation Ceremony held in London at the end of October marked the end of a remarkable year of transformation for the Association for Project Safety.

More than 180 guests enjoyed a spectacular evening that celebrated both Health and Safety Design Risk Management excellence in nine new awards categories, and the resurgence of the Association’s credibility as a central player in the UK construction industry’s Health and Safety journey.

The value that APS brings to the industry’s commitment to improving its performance in health as well as safety was underlined specifically by the President of RIBA, Jane Duncan, in her speech before presenting the APS National Student Designer Awards (see page 7). But the real value of the APS as a Membership organisation was demonstrated by the quality of the winners, and the variety of the different sectors of the industry in which they are delivering exceptional support for their Clients in Health and Safety Design Risk Management. This issue of DIGEST showcases the winners and their achievements.

The Awards ceremony was the perfect opportunity to recognise the contribution made both to the APS and to the wider development of Health and Safety Design Risk Management in the UK construction industry by APS Director John Nielsen, who is appointed a Fellow of the APS.

A Civil Engineer and co-owner of a multidisciplinary construction consultancy, John has served as a Director of the APS for 10 years and as NE Regional Chair, represents APS on the boards of the Construction Industry Council (CIC) and Constructing Excellence NE, and is the CIC

Nations and Regions Champion. He has been instrumental in establishing and maintaining APS Membership as an industry benchmark of excellence in Health and Safety Design Risk Management, and in promoting the collaborative response to CDM2015 across the industry.

APS is very grateful for the sponsorship from Constructing Excellence for our own Project of the Year Award this year, and on 4 November APS President Elect Stella Clutton Saunders reciprocated with the presentation of the APS-sponsored Health and Safety Award at the Constructing Excellence National Awards in London.

Winner – Stoke Quay, Ipswich – Bailey Garner, Genesis, ISG, Living Architects, Madlins Construction & Property Consultants, Richard Jackson Limited (East of England)

Our congratulations to the winners of this prestigious award for their achievements on the £58m major urban regeneration project in the historic docklands area of Ipswich.

EDITORIALThe APS Awards marked the end (or nearly the end) of a year of accelerating change and development for APS. This was a year that began with the Association still establishing its role in the CDM2015 era, and it ends with growing recognition across the industry that APS and you, the Members, are pivotal in making the new approach to CDM work effectively.

At our Conference in October 2015, the HSE challenged APS to support CDM2015 in three key areas: Collaboration. Capability. Clients.

In February this year, it was the APS that led the way with the Construction Industry Council (CIC) in creating the first Pan Industry CDM Forum, promoting collaboration between all industry organisations to drive the Health and Safety agenda forward together.

The APS has collaborated closely too with the Construction Clients Group (CCG) to ensure that we are providing the support they need to understand and adapt to the new demands of the CDM Regulations – and to go beyond compliance in making construction healthier and safer for all those who work in this industry.

As the Award winners demonstrated very clearly, APS Members are still leading the way in shaping and sharing good practice in Construction Health and Safety Design Risk Management. And you are doing this in support of Clients who depend on your APS Skills, Knowledge, Experience and Training – your unique capability – to deliver the Health and Safety outcomes they need and want on their projects.

Right now it’s time for a break for all of us, and we wish you all, your families, friends and colleagues, a very happy holiday. And then we’ll be launching into the New Year, with the energy of success propelling us all forwards to greater progress in 2017.

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APS NEWS

Duty to Manage AsbestosMorning Session

Why do you need this training?

The Regulations require Managers of property and construction work to have competence in making correct decisions. This could be surveyors, architects, estates departments, engineers and maintenance staff.

It is absolutely critical that Principal Designers and CDM advisors understand the Principles of Prevention with regard to the Control of Asbestos Regulations 2013 and more specifically Regulation 4: ‘duty to manage’.

LeadAfternoon Session

Why do you need this training?

Lead, including its compounds, is a substance that has long been known to have the potential to damage health. All CDM PDs, CDM advisors, PCs, Contractors and Health and Safety practitioners have a responsibility to ensure that all designs and work are planned with adequate regard to Lead poisoning avoidance.

Learning objectives

On completion of the course delegates should:• be familiar with types, uses, risks and likely occurrences of asbestos in buildings and items of plant• be familiar with requirements as set out in CAR 2012 with regard to responsibilities• understand requirements for asbestos surveys and different types of surveys• be familiar with the results of an asbestos survey and how to decipher the information contained within the report

Learning objectivesDelegates will learn how to:• identify materials which may have lead in the fabric or structure, carry out a survey, record the findings and share them with other relevant people• protect people at work by preventing or controlling exposure to lead• monitor the amount of lead absorbed so individuals exposed to lead at work can be taken off such work before their health is affected

It is hugely encouraging to see the number of Members taking the step up from IMaPS to CMaPS growing fast, but please note this final reminder that the deadline for attempting the exams in two of the four areas of specialist knowledge is also approaching fast.

We appreciate that the festive season is the time for families, rest and recuperation, but urge any IMaPS Members considering taking the CMaPS exams to push on and achieve this first step up before the end of the year. You must attempt the exams before 31 December to meet the deadline. If you fail either you can retake and still move up.

CPD39 – FOCUS ON HEALTH CMAPS FINAL REMINDER DEADLINE: 31 DECEMBER

Date APS Region Venue

1 February Scotland West The Village Hotel, Glasgow

2 February Northern Ireland The Park Avenue Hotel, Belfast

14 February Anglia Holiday Inn Express, Stansted Airport

21 February London Holiday Inn London Camden Lock

1 March (TBC) South East England Arora Hotel, Crawley

6 March Scotland North The Village Hotel, Aberdeen

7 March Scotland East Holiday Inn, Edinburgh

8 March Northern England Marriott Gosforth Park, Newcastle

22 March North West England Cottons Hotel and Spa, Knutsford

23 March Yorkshire Holiday Inn Leeds Garforth

21 April Wales The Copthorne Hotel, Cardiff

25 April South West England Exeter Racecourse & Conference Centre

26 April South West England The Aztec Hotel and Spa, Bristol

2 May East Midlands The Jurys Hotel, East Midlands Airport

3 May Midlands The Arden Hotel, Solihull

4 May South Central England Double Tree by Hilton, Milton Keynes

Dates and Venues

CPD Points: Half Day: 6pts; Full Day: 12pts Online bookings will open in January

STUDENT WORKSHOPIn February 2017, APS and the Scottish Institute for Enterprise will be holding a Student Workshop in Glasgow to engage with students and offer them advice and guidance at making the transition from Student to the big wide world.

The Workshop is part of the APS drive to engage with the next generation of construction designers, inspire future Members, and offer first-hand advice on getting started in the industry. The event will also look at specific challenges and invite students to suggest innovative solutions.

We are now finalising the next programme of CPD events covering two more of the key areas of specialist knowledge examined for the move from IMaPS to CMaPS.

Laura Salmond, Marketing and Communications OfficerLaura joined APS in November 2016. She has a background in Marketing and Project Management and has worked in the private, public and third sectors. Laura is passionate about students and young people and has previously worked in organisations such as Young Scot, Skills Development Scotland and the Scottish Institute for Enterprise. When Laura is not in work she can be seen running around after her two dogs, Jak and Millie.

Rosalind Grozier, Regional Communications

Rosalind joined APS in June 2016 and took up her role of Regional Communications Officer in November this year. She has worked in Marketing and Communications for over 20 years; in the arts, business to business and most recently at Thames Valley Housing in Twickenham, where she was senior communications officer. Rosalind moved back to her home town of Edinburgh at the end of 2015 to be closer to her family.

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APS NEWS

As part of the ongoing and increasing commitment to promoting better Health and Safety Design Risk Management in design education, APS is offering FREE Student Membership to all design students in tertiary education in universities and colleges in the UK.

APS is working hard to extend its links with the departments of Architecture across the UK, and to encourage students studying architecture and architectural technology to recognise the value of the Skills, Knowledge and Training that APS Membership can offer them as tomorrow’s custodians of Health and Safety in the construction of the built environment.

Many APS Members with links to their local universities promote this engagement very successfully, and we urge anyone who could help foster relationships with their local schools of architecture to contact us.

One of the key objectives for APS in 2017 is to strengthen and support the regional activity that is the backbone of a Membership organisation.

APS regional chairs and committees work tirelessly to create events that provide Members with local opportunities for CPD and a chance to share problems, issues and fellowship with other APS Members. We hope very much that Members will make the most of these opportunities, and we urge you to take advantage of one of the most valuable benefits of belonging to the Association.

APS has made two new appointments to strengthen the head office team. “We are delighted to welcome these two excellent additions to the staff,” said CEO Lesley McLeod, who joined APS in October. “With our new Policy & Standards Manager, Colin Sidetas, joining us in January, we will have a wonderful team delivering the APS vision and strategy, and providing full support for our Membership. ”

APS OFFERS STUDENT DESIGNERS FREE MEMBERSHIP

NEW APPOINTMENTS COMPLETE THE APS TEAM

SUPPORTING OUR REGIONS IN 2017

For more information on regional events, news and contact details for regional Chairs and Committee Members visit: www.aps.org.uk/regions

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COMMENT

Our Awards ceremony this year coincided with the end of the first year of the implementation of CDM2015, and for that reason alone it was an especially significant demonstration of the success with which so much of the industry is adapting to the new approach.

This year our awards were broader than ever before, with new categories introduced to reflect not only the changes to CDM Regulations, such as the PD, PC and Client Awards, but also the many new challenges and opportunities that the industry is facing to raise its game in Health and Safety Risk Management performance. Our awards were designed to showcase the best of innovation, the best of digitisation, the best of Design Risk Management in health, and our winners showed just how successfully the most progressive Health and Safety professionals are meeting these fundamental new challenges.

And of course our Student Awards celebrated the best of Design Risk Management from student designers who will take construction Health and Safety to a whole level on all these fronts in the future.

In many ways, the Student Awards were our most important categories and always have been, promoting and rewarding a real understanding and passion for the integration of Health and Safety into the design process among the designers of tomorrow.

The quality of the entries in all nine categories of our awards was genuinely exceptional, and they came from every sector of construction, including infrastructure, healthcare, education and housebuilding.

This underlined the unique value of the APS as an organisation that represents Health and Safety professionals who come from, and are involved in, all areas of the construction design community. The majority of our Members are designers – architects, architectural technicians, engineers – construction professionals who have a special passion for making our industry safer and healthier, and who have developed their specialist Skills, Knowledge, Experience and Training through APS in order to help deliver better Design Risk Management in their Clients’ construction projects.

I hope it also underlined the APS commitment to work with and support the whole industry, at all levels and in all sectors, in making construction safer and healthier for all those who work in it and are affected by it. The Awards Judges who had to make some incredibly difficult decisions included Gary Mees, President of CIAT, and Margaret Sackey from the ICE Health and Safety Expert Panel, and we were delighted that Siobhan Connelly of IISRM and Jane Duncan, President of RIBA, were there

on the night to present Awards that were not a celebration of ‘APS excellence’ but a recognition of outstanding Health and Safety performance from across the whole industry. Yes, the winners or the winning teams included many APS Members, but they also included many members of the other ‘design’ organisations that APS is supporting, and to which many of our Members also belong.

Our industry has faced a raft of challenges in adjusting to the new CDM Regulations, and APS has faced some fundamental questions of our own.

The process of understanding CDM2015 and how we make it work has given the industry a golden opportunity to re-evaluate and improve its Health and Safety approach. It has also given APS an opportunity to reassess and redefine who we are and what we’re here for, and I think our Awards this year showed very clearly how far both the industry and the APS have come over the past two years in answering these questions.

The APS Awards this year once again celebrated the best of Health and Safety Design Risk Management across the construction Industry. But the awards dinner in London on 27 October also marked a significant step forward for APS in its support for and relevance to the industry, says APS President Bobby Chakravarthy.

CELEBRATING EXCELLENCE

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The HSE has always said that collaboration particularly between the construction design professions is crucial to making the new CDM approach work. Collaboration has not traditionally been one of the industry’s strongest qualities, but over the past year APS has found a real willingness to collaborate across the whole spectrum of design organisations, epitomised by the Pan Industry CDM Forum that drew so many of these organisations together last Spring, and a growing understanding of the value that APS can bring to these organisations and the industry as a whole.

So what is the value we offer? I would say it lies in three main areas.

The first is the unique quality and depth of Skills, Knowledge, Experience and Training (SKE&T) that our Members have acquired from their accreditation in our organisation over the past 21 years since APS was first established by a group of designers determined to raise the standards of Health and Safety performance in construction.

The second is the unique breadth of SKE&T that our Membership can offer in project DRM, covering all the design disciplines and all sectors of construction. Right at the heart of the new CDM approach is the new role of the Principal Designer, the PD, now responsible for coordinating Health and

Safety DRM in all areas of design involved in the project. On a complex project, this is not something that a specialist designer may have the SKE&T to do.

The third is a word I have mentioned twice already but it’s crucial, so I will mention it again: Passion. Health and Safety is not a glamorous aspect of construction, or any industry come to that, but the APS was originally, and still is today, an organisation driven by a passion for improving Health and Safety outcomes in our industry. As I have said earlier, most APS Members come from construction design backgrounds, but they have specialised in Health and Safety because they care about the damage that failure does to so many lives in our industry, and they understand the positive moral and commercial benefits that can and will flow from improving our performance.

And that was all on show at the 9th APS Awards at the Radisson Blu Portman Hotel in London. It was a celebration of outstanding Skills, Knowledge, Experience and Training in Health and Safety Design Risk Management. It was a celebration of Health and Safety excellence across the whole industry. And it was a celebration of the real passion we share to improve standards and outcomes for the benefit of the people who work in construction, and for the future of the industry.

Congratulations to all those who entered and especially to our worthy winners. Many thanks to our very generous sponsors for their support and to our Judges for their expert but agonising decisions. Many thanks to all our Members and guests, and special thanks to the APS team who made the 9th APS Awards such a landmark event.

As the newly installed President, I would also like to thank my predecessor, Richard Wilks, for all the work he has contributed to making our Awards 2016 such a success, both as a celebration of CDM excellence and as a demonstration of collaboration with so many other construction organisations.

COMMENT

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APS AWARDS 2016

The APS Awards Dinner was a landmark event – a seriously successful evening made magical by the prestidigitation of the Magic Chicks and the sensational singing of Ciara Harvie, compèred incomparably by the TV presenter Louise Minchin, and peaking in the presentation of 10 APS CDM Awards and four APS National Student Designer Awards.

Celebration was the theme of the Awards evening, but the serious implications of the Awards and their recognition of leadership in Health and Safety Design Risk Management were underlined by a reception at the House of Commons the same afternoon, when all 19 of the shortlisted entrants were invited to present their submissions to their own local MPs in the Houses of Parliament.

Both at the House of Commons and later at the Awards Dinner, the APS brought together Health and Safety and construction design professionals from the widest range of organisations, industry leaders and politicians, in a focus on the importance of collaboration to drive improvements in the UK construction industry’s Health and Safety performance.

RECOGNITION...

The Awards evening was also the perfect occasion to pay tribute to the contribution that our Past President has made to the transformation of the Association during the two years of his Presidency.

A Chartered Building Engineer and Chartered Health and Safety Practitioner, Richard Wilks has served the APS in a number of capacities, including as Regional Chair, Director and most recently as President. He has contributed tirelessly to the change and development of the APS in the transition to CDM2015, and done more than anyone to establish the APS as a leading player in the industry’s response to the challenge of making construction in the UK safer and healthier for all who work in and are affected by it.

... AND THANKS

The APS is enormously grateful to all those who entered the 9th National CDM Awards, and to the 19 judges who made the extremely difficult decisions in choosing the winners.

We would also like to thank the Sponsors whose generosity and support helped to make the Awards, our visit to the House of Commons and the Awards Dinner such a collaborative and memorable success.

• Headline Awards Dinner Sponsor:

• Drinks Reception Sponsor:

• Student Designer Awards:

• Project of the Year Award:

• Health and Safety Award:

• Health and Safety Innovation Award:

The APS National CDM Awards were a celebration of CDM good practice, a showcase for the outstanding Skills, Knowledge, Experience & Training of CDM specialists who are embedding Health and Safety at the core of the construction design process.

CELEBRATING EXCELLENCEPAST, PRESENT AND...

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APS AWARDS 2016

RIBA has joined forces with APS to establish and promote the Student Designer Awards over the past nine years, and APS was honoured to welcome RIBA President Jane Duncan to open the awards ceremony with the presentations of the four Student Designer Awards.

This is a clear testament not just to the fact the building design and architecture community loves a good night out, but to the importance we, as a sector, place on designing safety into the footings of everything we do.

I would like everyone to give a hearty vote of thanks and congratulations to everyone who entered. You may not have won tonight but you were up against very tough opposition. I am sure that your care and commitment to learning your craft – as well as your willingness to push the boundaries in your fledgling careers – means the construction sector is in very good hands.

These awards – and our winners tonight – make me confident in the quality of the professionals we are developing for the future and for the health of our industry.

There is, rightly, a heavy emphasis placed on innovative and attractive design. This desire to deliver both form and function is a thread running through all the education

and training our young professionals undertake up and down the country in the many universities and colleges offering higher education in the field. But good design, while clearly at the heart of good aesthetics, is also central to the health and safety of all the people who will live and work in any building, and key to the long-term quality of life of everyone engaged in its construction.

Bad design does not just sap your will to live. It can actually be the difference between life and death. Too many people are still injured or killed needlessly in construction when a better-designed approach could have gone a long way to averting disaster. At RIBA we, in common with all other professional partners and bodies working in construction, are committed to ensuring all our young professionals are properly prepared so they can take on the serious

burdens placed on them when they move from theory to practice. We are equally determined that ongoing, career-long learning underpins health and safety risk management as a fundamental building block of our industry. We may have different ways of getting to the same place. But I believe wholeheartedly that differences in emphasis should not get in the way of the fact that, together, we are all striving for the same things – and we are all much stronger together.

That is one of the reasons I am so pleased to be here tonight. RIBA’s relationship with the Association for Project Safety is pivotal in delivering safer work environments for everyone in the construction industry. And I am pleased that – as tonight’s awards show – we are working together to further good work – and good design – in that area.

If our National CDM Awards winners represented the best of the current generation of CDM professionals, the Student Designer Awards showcased the best of tomorrow’s talent – young designers integrating the principles of CDM into their training and education, demonstrating their understanding of Health and Safety in construction design and the construction process that delivers it.

CELEBRATING EXCELLENCEPAST, PRESENT AND...

...FUTURE...

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APS AWARDS 2016

The £5,500 prize money shared by the winners demonstrates how seriously APS considers the importance of improving designer understanding of risk management at tertiary education level, and APS will continue to work closely with the Royal Institute of British Architects, the Chartered Institute of Architectural Technologists and the Health and Safety Executive to raise the quality and consistency of CDM education within all universities through the National Student Designer Awards scheme.

We would like to thank Butler & Young Consultants for their generous sponsorship of the National Student Designer Awards 2016, and the Student Designer Awards Judges: Murray Thompson of AHR: Gary Mees, President of CIAT (below); Gordon Crick, HSE; Lesley Balkham, and Andrew Leslie.

1st Prize – £2,000 SIMON WARDNorthumbria University School of Architecture

It seems rather appropriate that a competition aimed at student architectural designers resulted in a winning entry focused on the design of a New Home for Northumbria Architecture at the Grade II listed Sutherland Building at Northumbria University.

The judges agreed unanimously that Simon Ward produced a submission that met the highest standard of prize-winning entries received over the preceding nine years. The judges were particularly impressed by the clarity of Simon’s presentation and accompanying explanatory text, which demonstrated a methodical and structured approach from the desktop study through design development, which embodies the ethos of Construction Health and Safety Design Risk Management good practice.

Use of thumbnail sketches and Northumbria University Estate’s BIM Model of the Campus clearly demonstrated a systematic approach to design development. The design maximised off-site prefabrication, continuing an inherent existing building structural grid. BIM technology is again proposed in the design of structural modular components which would reduce erection time within a live campus environment.

The design of the building facade promotes the use of unitised fabrication seeking to reduce wet trades and, by extension, time spent working at height, and this theme continues in off-site prefabrication of the roof structure and site assembly at ground level, again reducing working at height. Simon has developed a highly competent scheme where buildability, usability and maintainability have been woven into the fabric of the building.

The 9th APS National Student Designer Awards attracted a highly encouraging increase in entries compared to previous years, with entries from more Universities than ever before. Four awards were presented to outstanding winners by RIBA President Jane Duncan at the ceremony, spotlighting the importance and relevance of design risk management to creative design.

NATIONAL STUDENT DESIGNER AWARDS

NATIONAL STUDENT DESIGNER OF THE YEAR AWARD

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APS AWARDS 2016

2nd Prize – £1,500ROBERT BRIAN ADAMSUniversity of Ulster School of Architecture

Brian’s design for a new library building, in a built-up area of Antrim Road in Glengormley, has demonstrated a clear understanding of the ethos of health and safety good practice. In his library design, you might say from the CDM perspective that Brian has ‘done it by the book’!

A colourful and informatively executed presentation was supported by well-considered text which demonstrates his understanding of the Principal Designer’s equivalent of the ‘3Rs’ – Buildability, Usability and Maintainability. The judges were encouraged to see that BIM technology had played a significant role in the development of two of the prize-winning entries, and in Brian’s case 3D design using Autodesk Revit modelling was used to highlight potential risks and construction issues at an early stage in the design process.

Brian’s design proposals for the external envelop of the building had considered the lifespan of materials in respect of ongoing maintenance and working at height. Services installations were also considered in detail relative to noise.

3rd Prize – £1,000 JORDAN GREENThe Welsh School of Architecture – Cardiff University

Jordan’s Grangetown Food Collective project seeks to address a diverse multicultural centre at the heart of the community for people to interact and socialise, while also providing opportunities to improve health and wellbeing.

The judges were impressed with Jordan’s ‘Green’ building, which placed both Health and Safety and environmental issues at the heart of the design and construction process. The submission was well presented with sketches analysing the building’s relationship to the site and its immediate environs, with consideration of pedestrian and vehicular segregation during the construction phase. Exploded axonometrics demonstrated a construction process which maximised the use of pre-fabrication and natural, maintenance-free materials.

Student Designer Innovation Award – £1,000LIAM GREENESheffield Hallam University

The judges were delighted to make this award to Liam Greene as his winning entry breaks new ground for the National Student Designers Awards. For the first time, the award goes to an outstanding innovation in product design, rather than building design.

The Evac Pack is a transportation hub for distributing and relocating fire safety equipment on construction sites, equipped with a transportation body, evacuation alarm and a wireless monitoring detector head which will send a wireless signal to the main control panel in the site manager’s office.

The modular design and mobility are ideally suited to use on larger construction sites, and while the judges had reservations about the unit being carried to its temporary location as a backpack relative to manual handling, the trolley design offered a more practical method of transportation, and on that basis decided it was worthy of the Innovation Award.

All shortlisted entrants for the Student Designer Awards were invited to present their designs to their local MPs at an APS reception at the House of Commons in the afternoon before the Awards Ceremony.

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APS AWARDS 2016

Winner: GARNETT WHARFE – HEALTH AND SAFETY LEADERSHIP AND INNOVATION

Client: BDW Trading Ltd

Architect: Darnton B3 Architecture

Principal Designer: Acaster Safety Management

Principal Contractor: Barratt Homes and David Wilson Homes Yorkshire Ltd

HEALTH & SAFETY AWARD

The judges were looking to recognise and reward leadership and innovation in Construction Health and Safety, and among a range of high-quality entries, the Garnett Wharfe development of part of an old paper mill site on the banks of the River Wharfe in Otley, Yorkshire, emerged as an outstanding example of the integration of Health and Safety Risk Management throughout the design and construction process.

Entries in the Health and Safety Award were judged against the evidence of project design consideration of nine criteria, including Buildability, Maintainability & Future Demolition, Usability, Effective Integrated Team Working, Effective Management of

Risks & Hazards, Protection of the Public, Innovation & Site Waste Management, Feedback & Learning, and Sustainability.

This complex development of 138 dwellings, flats, retirement apartments, a nursing home and a wide range of public amenities in a landscaped setting, was delivered in phases with construction ongoing while the first phases are in use, on a site alongside a river with significant flooding potential.

It has been carried out without accidents by a project team whose attitude, actions and approach has contributed to providing a sustainable Health and Safety culture that is ‘evident from the top down to the person sweeping the yard’.

Judges’ Comment

“The winner here has taken on the role of Principal Designer with great gusto and led from the front. They have worked with the designers, Client and Principal Contractor integrally to look at in-depth solutions to usability, maintainability and working by the river Wharfe. Sustainability and Health and Safety were at the core of this excellent submission.”

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APS AWARDS 2016

Winner: M1 SMART MOTORWAYS IMPROVEMENT SCHEME J28-31 – MOUCHEL CONSULTING ON BEHALF OF THE ONE PROJECT DELIVERY TEAM

Client: Highways England

Designer & Principal Designer: Mouchel Consulting

Delivery Partner & Principal Contractor: Costain

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PROJECT OF THE YEAR AWARD BIM PROJECT – INTEGRATING HEALTH AND SAFETY DESIGN RISK MANAGEMENT WITH BIM AWARD

The winning project was the implementation of a £300m Smart Motorways Improvement Scheme, converting a 20-mile section of the M1 Motorway between Junctions 28 and 31 in the East Midlands and South Yorkshire to permanent all-lane running.

Key targets set in the Managed Motorways specification for the scheme included: reducing the whole life costs of Managed Motorways by 30%; relieving congestion by the provision of additional lane capacity, smoothing traffic flows and improving incident management; and improving safety. Mouchel Consulting led a safety analysis that indicated safety performance will improve by 9%. Further key targets included minimising disruption to traffic on the M1, and supporting regional economic development.

Approved by the government in 2010, the scheme successfully went live in March 2016. Among many outstanding achievements, a highly collaborative approach supported by a dedicated and integrated team saw the scheme carried out with a rolling 12-month accident frequency rate of zero, winning a RoSPA Gold Award for Occupational Health and Safety in 2014, 2015 and 2016, and helping to achieve a 34.2% saving on the original £300m budget.

Judges’ Comment

“The entrants for the Project of the Year Award showcased a wide variety of project types. The Judges were pleased to see the high standards of the entries again this year. Submissions were clear showcasing the positive aspects of the projects against the broad criteria that included Integration, Buildability, Innovation and Lessons Learnt. The finalist projects were varied in their nature and provided a good showcase on what the industry can achieve, and the winner demonstrated very high performance against all of the eight criteria. The project scored particularly well in addressing hazard and risk, and buildability.”

Winner: M1 SMART MOTORWAYS IMPROVEMENT SCHEME J28-31 – MOUCHEL CONSULTING ON BEHALF OF THE ONE PROJECT DELIVERY TEAM

The new APS BIM Project Award invited entries from practitioners and companies who can demonstrate best practice and achievement in improving Health and Safety in a project through the use of BIM.

Entries to this category were not just focused on productivity gains or monetary values, but showed a real commitment to Health and Safety through the use of new processes and techniques. The Judges were impressed by both the collaborative and innovative approaches to CDM and Health and Safety Design Risk Management that entrants demonstrated, dramatically contributing to a culture of zero harm and making a positive impact on the image of Health and Safety within the construction industry. The Project of the Year Award-winning entry from Mouchel Consulting on behalf of the One Project Delivery Team demonstrated that the use of BIM had played a fundamental part in their success in achieving outstanding Health and Safety Risk Management results on a major, highly complex project, and significantly improving communication and efficiency within the delivery team, stakeholder engagement, and the development of a Handover Asset Management Model that will aid future road worker safety.

Judges’ Comment

“The judges were impressed with how the use of 3D proposals resulted in the ability to review accessibility, minimise temporary works and reduce road worker exposure, leading to improved and safer access and egress to the site. The winner has demonstrated through best practice how the as-built Asset Information Model can be a container for useful information on hazards and risks and for future reference and maintenance.”

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APS AWARDS 2016

Winner: ARCADIS

Projects: VariousThe submissions for Principal Designer of the Year illustrate just how much difference there can be in approaching the Principal Designer role. There remains a tendency to over-elaborate on the paperwork side, and this is no doubt a matter that will be resolved as the industry becomes more familiar with the Principal Designer role on all sizes and shapes of project.

Entries were judged against criteria including their approach to coordinating DRM, integrated team working, liaison with the Client and the PC, their contribution to overall project Health and Safety, and verification of performance. They were also asked to demonstrate any industry-wide initiatives they had taken to promote and enhance the role of the PD.

Arcadis demonstrated very clearly an exceptional commitment to, and understanding of, the responsibilities of the PD in a wide range of projects varying from major, single-site construction developments to multiple, small projects on sites across the UK , creating a bespoke and innovative approach for each Client to meet the unique demands of the project and its risks. The winners have provided education, training and support for their Clients in adapting to CMD2015, have undertaken accredited training for their staff, provided expert guidance and training to industry organisations, and developed training courses in conjunction with APS.

Judges’ Comment

“The shortlisted submissions displayed different approaches and strengths. Arcadis stood out because of the care taken to communicate with the Client, Designers and other key stakeholders throughout the life of a project. It was particularly interesting to note their document-led, interactive and bespoke approach to managing a large number of small projects for major clients.”

Three new award categories were introduced this year to recognise the new challenges and opportunities facing the key dutyholders under the CDM2015 Regulations. In all three categories entries showed the outstanding response that the industry is capable of making to the drive for a more streamlined, integrated and effective approach to CDM.

THE THREE KEYDUTYHOLDERS

PRINCIPAL DESIGNER OF THE YEAR AWARD

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APS AWARDS 2016

Winner: BANGOR UNIVERSITY ESTATES TEAM

Projects: The Pontio Arts & Innovation Centre

A good range of submissions were received for this category demonstrating that the PC role is clearly well embedded within the main contractor fraternity. The judges were looking for exceptional examples of delivery showing not only that all the basic duties were being undertaken but also that an extra input was being made that shows a real belief in Health and Safety, ensuring it is at the core of the organisation’s ethos.

The Bangor University Estates Department is responsible for a campus of 240 buildings, providing construction support including acting as PC on both capital projects and operational programmes. The judges were particularly impressed with their work taking over the role of PC for the completion

and fitting out of the new ‘Pontio’ Arts and Innovation Centre – a complex of academic lecture theatres and laboratories, and publicly accessible theatre, cinema and restaurant facilities, designed to create a ‘bridge’ between the university’s arts and science campuses, and between the university and the local community. The estates department took over as PC from the appointed PC, coordinating and programming the work of some 40 contractors with over 100 personnel on site during the transitional period of CDM2015, and delivering the phased completion of the complex successfully to the original delayed deadline.

Judges’ Comment

“The winners utilised their knowledge from the continual work undertaken as an Estates Department in ensuring that

coordination and maintenance issues were dealt with from the start. An ongoing high-level review of near misses and accidents, as well as their integration at the design stage in order to assist on buildability in the working university theatre, have allowed the winner to show exactly what the judges were looking for. At APS, we firmly believe in a proportional response and this organisation has shown this in abundance, understanding that it was best placed to undertake the Principal Contractor role in this instance.”

Winner: NORTHERN DEVON HEALTHCARE NHS TRUST FACILITIES DEPARTMENT

Principal Designers/CDM Advisors: David Wilson Partnership

Principal Contractors: Morgan Sindall Construction Infrastructure

Consulting Engineers: CynerginIt was very obvious that the Clients who entered our new Client of the Year Award category understood that they have a major influence over the way a project is procured and managed. Regardless of the size of the project, the Client has contractual control, appoints Designers and Contractors, and determines the budget, time and other resources available. Coupled with the fact that Clients have more statutory duties under CDM2015 than any other dutyholder, this makes it imperative that Clients must engage more meaningfully than ever before with other dutyholders and advisors, and this was clearly demonstrated in the submissions for this award.

The Northern Devon Healthcare NHS Trust Facilities Department acts as technical Client for all capital and maintenance projects across an estate that includes a 230-bed acute hospital in Barnstaple and some 30 community healthcare facilities across a wide rural area. It has been exceptionally proactive in setting standards to integrate Health and Safety into every project, commissioning interactive CDM training sessions for contractors and suppliers and issuing a Contractor’s Handbook with key site-specific information regarding working on healthcare premises. A simplified pro forma Construction Phase Plan has been created for tradespeople undertaking small projects, and on larger-scale projects where consultant design teams are appointed, fuller Pre- Construction Information Packs are prepared, with site- and project-specific information appropriate to the scale of the work.

Judges’ Comment

“The winner demonstrated clear and consistent leadership across all its varied projects, which included large engineering projects to the maintenance of a single door, in the face of the legislative changes which came into force in April 2015. Their leadership included interactive training with Contractors and engagement with Designers, in a scenario where all projects are carried out in live 24/7 healthcare environments. There was a clear understanding of the need for information to be appropriate to the task in hand, tailored to suit a particular project, and not a ‘one-size-fits-all’ approach.”

PRINCIPAL CONTRACTOR OF THE YEAR

CLIENT OF THE YEAR

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APS AWARDS 2016

Winner: NUVIA LIMITED

CDM SHE Plan Web-Based Platform

HEALTH & SAFETY INNOVATION AWARD

The Health and Safety Innovation Award is a new category this year, introduced in collaboration with IIRSM, and presented to the winners by the President of IIRSM, Siobhan Donnelly, with APS President Elect, Stella Clutton Saunders.

Entries for the Innovation Award category were invited for innovative projects, products and processes within the fields of design and construction. The judges were impressed by the standard of all the entries received this year, all of which went beyond simply good practice and offered something that could be of real use throughout the industry, and praised the shortlisted entries from East Riding of Yorkshire Council, and the Retractable Ladder Stabiliser from Retrasafe Ltd.

Warrington-based winner, Nuvia Ltd, is an international nuclear engineering, project management and services contractor, whose web-based platform for a new CDM SHE Plan has been developed and tested over the past 12 months to produce construction phase plans that address key issues facing the industry: reducing complexity; integrating specialist experts such as Project and Site Managers and Project Engineers; increasing the focus of occupational health risk

management as well as safety; and moving from the scattergun ‘tick-box’ approach to the focused identification and control of risks specific to the project and plan.

Nuvia has developed their web-based CDM SHE Plan platform in a collaborative process, trialling it first with their Regional SHE and Project Managers across the company, and then testing its practical application on a wide range of projects with teams of Project Managers, Site Managers and Project Engineers. Feedback from this process has enabled Nuvia to improve the platform significantly. It is now being implemented on all construction projects where Nuvia is acting as Principal Contractor, and will be continually assessed and improved as its use is extended to smaller projects in the future.

Judges’ Comment

“The winner has produced a tool whose effectiveness lies in its simplicity. Moving away from a tick-box mentality and bureaucratic paperwork, Nuvia’s CDM SHE Plan Web-Based Platform takes away the complexity of producing Construction Phase Plans using a well-thought-out design interface. The CDM SHE Plan is an innovative tool that has a real, practical application within the industry. The Judges were particularly impressed by the collaborative approach to the tool’s development, and ongoing plans for future updates and improvements.”

THE JUDGES’ AWARD

WinnerNUVIA LIMITED

APS has introduced a special Judges’ Award this year to recognise and reward submissions that the judges felt excelled in a key area of construction industry and/or CDM development.

Nuvia’s Innovation Award-winning entry impressed the judges particularly for the collaborative process taken in the development, testing and implementation of their CDM SHE Plan platform. The first-ever Judges Award was therefore made to Nuvia for their collaborative approach, and for their commitment to continuous improvement.

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APS AWARDS 2016

Winner: CAPITA PROPERTY & INFRASTRUCTURE Project: Dover Western Docks Revival Client: Dover Harbour Board

CONSULTANCY OF THE YEAR

The entrants for the Consultancy of the Year Award were from a wide variety of consultancies from the large to the small and the general construction consultancy to the specialist construction health and safety consultancy. Judges acknowledged the good standards of the entries again this year. Submissions laid out the positive aspects of the consultancies against the broad criteria that included Health and Safety at the core of the business and addressing health both in the office and in design risk management.

Capita’s winning entry demonstrated outstanding performance in supporting a major Client and a major construction project through the transition to the CDM2015 Regulations. The consultancy was appointed in 2014 by Dover Harbour Board to provide CDMC services for their Dover Western Docks Revival. This five-phase programme includes: expansion of the port’s passenger and freight handling facilities, including the creation of a new Terminal and cargo berths to accommodate an increase in the 13 million passengers and £100bn worth of freight handled by the busiest ro-ro port in Europe; transformation of the harbour waterfront; and the creation of a major new marina and pier.

The Client had defined exceptional Health and Safety goals at the earliest stage, including generating a Health and Safety culture comparable in excellence to that of the 2012 London Olympics delivery team, maintaining the safety of the port’s users throughout the programme, designing works that reduce the Health and Safety risks of all those working in its construction and in future operation and maintenance, and ensuring that projects are delivered with zero accidents and zero near misses.

Capita was appointed as Principal Designer to support the achievement of these aims on a major, highly complex programme of demolition and construction on a site whose hazards include the presence of unexploded ordnance, environmental issues including consideration for nesting gulls, and the potential health hazard of ethylene gas released by bananas ripening in storage.

The Client recognised that Capita had the resources and the understanding of CDM to manage the transition to CDM2015, and to carry out the PD role effectively across the broad spread of designer competencies required for the delivery of the Dover Western Docks Revival programme.

Judges’ Comment

“The Winner of the 2016 APS Consultancy of the Year Award demonstrated very high performance against all of the five criteria. The consultancy scored particularly well in CDM and Health and Safety understanding.”

HIGHLY COMMENDED

THE WILKINS SAFETY GROUP

Competition at the top of this award category was extremely tight and this year the judges decided to present a Highly Commended Award to one of the smaller consultancies to enter.

The Wilkins Safety Group demonstrated many of the attributes that are normally only found in larger companies, and has Health and Safety at its core.

Former APS President Richard Wilks was the driving force behind the first Pan Industry CDM Forum earlier this year and is working on the second. Completely committed to the need for collaboration across the industry, he also believes that APS and its Membership must respond to the needs of the Client.

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CLIENTS

COLLABORATINGTO SUPPORT CLIENTS

As Bobby Chakravarthy has already pointed out earlier in this issue, the APS Awards really did demonstrate the progress we have all made in bringing together the great majority of the professional organisations in the search for the best ways to make Health and Safety Design Risk Management work more effectively and efficiently in the construction industry. And for me, it underlined the absolutely central role of the Client in driving this process.

Inevitably there are still some debates in some quarters over issues of interpretation, particularly regarding the role and requirements of the primary new dutyholder, the Principal Designer, but on the principles of the new approach, everybody is genuinely agreed. The challenge now for the APS is to support all designers right across the industry and ensure that they have the Skills, Knowledge, Experience and Training to assure their Clients that they can fulfil the PD role properly.

This is what we have been doing for our own Members, many of whom are designers and are acting as PDs for their Clients either as individuals or as members of companies or organisations. But we also recognise that the new CDM Regulations have significantly increased the responsibilities and potential liabilities of the other key dutyholder, the Client, and we are working closely with Client organisations like the Construction Clients’ Group, to meet their demands for the assurance of CDM expertise they can trust.

Right from the introduction of the new Regulations in April 2015, the HSE has highlighted the importance of the Client in making CDM2015 work. The Client has statutory duties under CDM2015, including responsibility for appointing a Principal Designer with the SKE&T to carry out the

coordination of Health and Safety Design Risk Management on the Client’s project.

After just 14 months of full implementation, no-one should be surprised to find that the response from designers has varied widely to the challenge of acting as PD. Some designers (including those we’re proud to include in our Membership) are ready and able to take on this dutyholder role. Many are not. Some do not want to.

Clients have responded to this uncertainty in a number of ways to protect themselves. Many major construction Clients have teams large enough to include their own PDs. Many other Clients find the necessary PD expertise within their design team and/or construction consultancies. But a significant number of

informed and experienced Clients with medium or large projects are choosing to engage the support of a CDM advisor with the SKE&T to advise them on the whole CDM process, including their own role and often the role of their PD.

Until all designers can demonstrate the SKE&T to give Clients the assurance they need that they can undertake the PD role properly, Clients will look for certainty where they know they can find it. APS is deeply committed to collaborating with all design organisations to support their designers in developing and proving the necessary SKE&T to act as PD. But it is crucial that all of us in the construction design community understand clearly what standards of SKE&T our Clients require in order to appoint a PD with confidence.

APS fully supports the principles of CDM2015 and the benefits

of the PD. We are not promoting the role of a CDM advisor to

Clients as a requirement under CDM2015. We are not trying to

undermine the PD role or perpetuate the old CDMC role under

another name. But our Members are employed by the Clients

who pay the bills and make construction happen, and they are

supporting their Clients with the CDM expertise the Clients

demand, either as PDs or as advisors, at this stage in the

CDM2015 journey.

Away from the glamour and excitement of the APS Awards Dinner, out in the real world all APS Members are dealing with the issues and challenges raised by the new approach to CDM introduced just over a year ago. New APS President Elect Stella Clutton Saunders has been listening to the Membership’s main concerns and needs for the New Year.

WHAT DO OUR MEMBERS WANT?

Meeting practitioners around the UK, I know that our Members want to be recognised by their Clients as being at the top of their game. A growing number are realising that our higher level CMaPS standard gives them that extra credibility, but not everyone has the time to grasp the IMaPS to CMaPS transition. We urge more to take this simple step up.

The industry still needs greater clarity on grey areas of the CDM2015 Regulations for each dutyholder. In January 2017, we welcome our new technical advisor who will be fielding your queries on a daily basis. And our legal helpline for Members continues to offer invaluable (and FREE) support from our highly experienced Legal Advisor, Gillian Birkby.

Members have great concerns about CDM corners being cut – or worse – on all works, but particularly on small works. Domestic Clients largely just don’t understand CDM and when the contractors choose not to satisfy any CDM duties, where does that leave the PD or the designer who may be PD by default? We’re working with organisations like CITB to address the communications gap and we’ll be upping our game in this respect in 2017.

Fees. Members are generally relying on their own last-year’s fee structure, but with the true work involved in CDM2015 now becoming more apparent, are they still correct? Will Members be undercharging or making a loss? What should a designer undertaking the PD role be charging for this additional service? It is unfair of any Client to expect dutyholders to undertake an extra role free, but Members meet this demand sometimes because they don’t want to lose their original commission. APS seeks to give Members faced with this dilemma information to advise Clients in a transparent way how much more responsibility, work, and potential liability is involved to so justify the fee charged.

As important as the above points are to Members right now, it is also important for APS to lift our eyes and decide where we need to be in the future. We have worked very hard to set a positive and successful new course for the APS ship through the turbulent waters of the CDM2015 transition, but it is time to look further ahead.

At our Conference in October 2015, the APS was challenged by HSE, among others, to support the industry in facing up to the issue of occupational health, to collaborate with other organisations in making CDM2015 work, and to lead the way forward in using new technology such as BIM to improve CDM delivery and Health and Safety outcomes in construction.

I believe we have met all those challenges to a remarkable degree. We have made Health a compulsory special area of knowledge in our CMaPS exams. We have helped organise the first Pan Industry CDM Forum, the first-ever (and second) BIM 4 Health & Safety Conference and the first BIM Hackathon.

At Board level, we return to our APS strategy time and again to determine how these issues are to be resourced and addressed. As President Elect, I look forward to helping to drive a wide diversity of initiatives in the next two years which will increase our resources and marketable experience, but also showcase all the hard work that our highly skilled Members do out there on a daily basis.

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FEEDBACK

The core issues regarding CDM2015 must still remain our

primary focus. APS can and must lead the way in influencing

government to understand that construction Health and Safety

should not be treated as ‘red tape’. We must and will equip our

Members with the SKE&T to promote good practice in better

health DRM, and we must engage and influence the majority

of those working in construction to integrate health as well as

safety into the design process, and remove once and for all the

‘bolt on’ approach that has failed in the past.

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LEGAL BRIEFING

Contractors working at the domestic end of the construction market are in the process of developing an understanding that CDM applies to their construction work, but that this need not be unduly onerous if it is applied in a proportionate way in relation to the risks involved. However, there are still a few black spots where smaller contractors are in denial over CDM, says APS Legal Advisor, Gillian Birkby.

WHEN DOES CDM APPLY TORESIDENTIAL PROPERTIES?

A recent query on the APS helpline concerned the replacement of some double glazed doors and windows at a residential property. The contractor was certain that this was not covered by CDM2015 as it was a contract for work to a residential property. The contractor also claimed that the Glass and Glazing Federation had confirmed that this was the position. So who is right?

First, it is relevant to know that in March 2015 the Glass and Glazing Federation published a piece headed: CDM2015 TO COVER DOMESTIC INSTALLATIONS, so that was quite hard to miss. The glazier was simply wrong in relying on the Federation to support his position.

Secondly, it is important to go back to the CDM Regulations themselves, to see whether they provide an answer. If the Regulations give a definitive answer, there is no need to look any further. There are various provisions that apply to double glazing, and to other kinds of work in residential property as well: Regulation 7 is usefully headed ‘Application to domestic clients’, and describes how the various CDM duties are split between designer and contractor, so the regulations do apply to ‘domestic clients’.

However, work is sometimes carried out to a residential property ‘in the course of furtherance of a business’. This could arise, for example, where the property is owned by a trust or by an overseas company. Construction work carried out for this type of Client will also fall within the CDM Regulations.

Can the glazing contractor rely on the ‘small works’ exception? With the introduction of CDM2015, this exception applies only to notification of the works to the HSE, but this

has no significance in deciding whether any or all of the Regulations apply. In CDM2015, notification – or lack of a requirement to notify – does not mean that a different CDM regime applies; the whole of CDM2015 applies, even for small works.

The definition of terms is crucial. CDM2015 applies to ‘construction work’. There is a long definition of ‘construction work’ in Regulation 2, and it includes demolition, construction, renovation, repair ‘or other maintenance’ of a structure. A structure is also defined at length in Regulation 2 and includes buildings, as you would expect, so residential properties are covered.

The definition goes on to state that ‘any reference to a structure includes part of a structure.’ Therefore, the removal (ie demolition) and replacement of the double glazed windows and doors will fall within the definition of ‘construction work’ and the Regulations will apply.

In work of this nature other Health and Safety Regulations may also be relevant, for instance those relating to Work at Height and Manual Handling.

Even if neither CDM nor any other Regulation applied to this kind of work, the contractor would still have an obligation under the Health and Safety at Work Act 1974 to provide a safe system of work for all their employees and to avoid putting the domestic Client at risk in the course of carrying out the work. The CDM Regulations in particular provide a regime for meeting those particular requirements of the 1974 Act.

Finally, HSE recognises that a proportionate approach could in some circumstances be adopted, depending on the Health and Safety risks posed by the construction work.

Putting all these factors together, work on a residential property, whether it involves the replacement of double glazing or otherwise, will fall within the ambit of the CDM Regulations 2015, which must be applied. Other relevant legislation, such as the Work at Height and the Manual Handling Operations Regulations, must also be considered carefully. If there are significant Health and Safety risks inherent in the work, the application of the relevant Regulations will require more effort than if the work is low risk, when a proportionate approach can be adopted.

Members can email queries for

consideration by the APS Legal

Advice service to:

info@aps.org.uk

Subject: Legal Advice

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LEGAL BRIEFING

A Scottish court has recently given guidance on the legal and evidential rules related to appeals against HSE prohibition notices.

APPEALS AGAINST HSE PROHIBITION NOTICES

The case in question arose from a visit in April 2013 by an HSE inspector to an offshore installation in Scottish waters. The inspector identified corrosion on the stairways leading up to the helipad that provided the main access to the installation and, on the basis that the stairways were unsafe and that their use would involve a risk of serious personal injury, issued a prohibition notice on the operators.

The operators undertook that remedial work would be carried out immediately and that the stairways would not be used until it was completed. The stairways were then sent to a leading international materials testing and calibration organisation for testing, who concluded that the stairways complied with British Standards.

The operators appealed to an employment tribunal against the prohibition order. The HSE in turn objected to the admission of the test in evidence, but the employment tribunal cancelled the notice on the grounds that:

• Evidence which had arisen after the notice could be taken into account

• The condition of the stairways was not such as to pose a risk of serious personal injury

The HSE then appealed to the Scottish Inner House (the senior section of the Court of Session, the supreme civil court in Scotland) but their appeal was dismissed.

In their judgement, the court made the following points:

• An appeal against a prohibition notice was not confined to points of law. An appeal on the facts was equally possible.

• Bearing in mind the effect which a prohibition notice might have on an operator’s business, it would be strange if an operator could not mount a successful appeal based upon the simple contention that whatever the inspector thought at the time based on the information before him, it was now known that the risk did not exist.

• This analysis had no bearing upon an inspector’s ability to act in the interests of health and safety when he formed the opinion that a risk existed. The emergence of new material to negate the risk did not in itself invalidate the notice or its effect at the time.

APS Legal Advisor, Gillian Birkby, comments that this judgement is significant in a number of ways.

A prohibition notice, closing the whole or part of a construction site, can cost the contractor a lot of money, even if the closure lasts only a day or so.

After the Piper Alpha disaster in 1988, those operating or constructing offshore

installations became almost obsessive about Health and Safety, so In this particular case there may also have been a reputational risk for the operator. There is a wide range of levels of concern regarding Health and Safety among contractors working on landbased construction sites, but the cost implications of a prohibition notice are just as significant.

Bringing legal proceedings costs money, but if the cost of the appeal is less than the liquidated damages the contractor will have to pay for being late in completing, and the contractor believes the inspector was wrong, he may still think it is worth appealing.

Although this was a judgement of the Scottish court, it is likely to be followed by the courts in other parts of the UK, as Health and Safety law is broadly similar.

Prohibition notices may be issued by a Health and Safety Executive (HSE) inspector in circumstances where there is a risk of serious personal injury. These notices are dealt with by s.22 of the Health and Safety at Work, etc Act 1974 (HSWA). It is not necessary to relate the risk to any particular statutory provision. The notice must specify the reasons for the inspector’s opinion. It directs that the activity to which it relates must not be carried out until remedial actions have been taken.

An appeal against a prohibition order may be made to an employment tribunal not later than 21 days after the order has been made. A prohibition notice takes effect from the time that it is issued and cannot be suspended by an appeal. Appeals are dealt with by s.24 of HSWA, as amended.

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HSE

...WORKING UNSAFELY AT HEIGHTA specialist roofing company and its two directors have been fined a total of over £13,000 after being caught on camera working unsafely at height on a hotel refurbishment and extension in central Manchester. An HSE prosecution was based on the report of a member of the public who in March 2015 witnessed and photographed unsafe work at the construction site and contacted the HSE.

The photograph showed one of the directors of Enviroply Roofing Limited walking along a beam at height to pass something to his fellow director, then walking back again. There was nothing in place to prevent or mitigate a one-storey fall from this beam.

The HSE investigation discovered that there was a full-time scaffolder on site who was employed to build any scaffolding required by contractors but on this occasion, Enviroply and its directors had chosen to rush the job in order to submit their invoice earlier.

...IN THE BASEMENT Two London-based construction companies have been fined a total of £44,000 after emergency services had to be called to a property in London where a labourer had broken an arm in a fall into a double basement excavation, and reported the site to the HSE.

An HSE inspection found that, despite the incident, workers continued to be at risk from falling into deep excavations and there were no propping arrangements to ensure the stability of excavations or the existing building.

The inspector immediately shut down the site. The investigation by HSE found that an independent consultant had raised the same concerns a few months previously but their recommendations had been ignored.

...AND IN THE PUB A Manchester construction company and its managing director have been fined a total of £82,000 for operating a construction site so unsafe it promoted a member of the public to complain to their local authority. An HSE inspection of the conversion of a former pub resulted in an immediate halt to all work on the building.

In total HSE inspectors served three prohibition notices and two improvements notices for safety failings that ranged from work at height issues, missing floorings with no protection and an extremely unsafe wall on the property that had not been sufficiently supported to prevent it from collapsing.

The construction company and its director had failed to put in place effective health and safety management at the start of the conversion. They failed to notify HSE of the project, appoint a competent principal contractor or ensure they had suitable and sufficient measures to reduce risks to workers and members of the public.

CROSSRAIL PROSECUTIONS The HSE has informed BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd, and Kier Infrastructure and Overseas Ltd that they will be prosecuted in relation to three incidents that took place during the construction of the new Crossrail railway tunnel.

All three companies will appear at Westminster Magistrates Court in January 2017 to face charges relating to the death of one worker crushed by falling concrete, serious leg injuries suffered by another crushed by a tipper truck, and head and hip injuries suffered by a third during a routine operation to clean a concrete line.

STRESS SUMMIT 2017 HSE is inviting Health and Safety leaders in all industries to attend the Stress Summit set to take place in London on Thursday 16 March.

An estimated half a million workers suffer from work-related stress in the UK, causing untold personal damage and costing the country between £3bn and £100bn in lost working days and reduced productivity.

Growing recognition of stress and related mental illness in the construction industry is quite rightly causing growing concern and spurring action. Although construction accounts for just 7% of the UK’s total workforce, some 200 construction workers take their own lives each year, more than any other of the economy.

PUBLIC AWARENESS CATCHES THE COWBOYS

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LAST WORD

One way and another, it’s been a busy old time since taking up my role at APS. In between learning my duties, I am currently moving back to Edinburgh from deepest Sussex, and learning a lot more about construction Health and Safety in the process.

A PERSONAL VIEW OF HEALTH & SAFETY

The term ‘moving’ seems to be an ongoing process rather than a one-off thing and at the moment it doesn’t feel like the end is in sight. Not least, because I’m buying a new-build property in the city; it still looks like a building site and, in short, there’s been a delay. So, instead of getting in before the festivities, Santa will be rather late, with the move-in date set to be sometime in January. On one hand, this is clearly a disappointment, but, upon reflection, I wouldn’t have it any other way.

Since starting at APS, I’ve become increasingly conscious of the risks people face working in construction. When I pass a building site, or see someone working on a roof, I’ve taken to checking whether they are using the proper safety kit or if the scaffolding is adequate. I’ve started noticing when a construction site is tidy and have been totting up hazards and risks that are immediately obvious – even to an untrained eye.

On my recent travels up and down the country, I’ve even found myself looking out to see if the road builders were wearing their ear protectors and Hi-Viz jackets. I appreciate this is all small beer to those of you who have been toiling away for years

to educate and share good practice. But it’s still new to me and it underlines a simple – but vital – point: it isn’t rocket science we are espousing.

With the application of care, thought and good sense built in at the design stage, Health and Safety becomes an integral part of any build and not treated as an add-on. It’s about opening people’s eyes and making them more aware.

Our annual awards, highlighted in this issue of DIGEST, were a real eye-opener for me, and I thank the Members of Parliament who came along to meet our student and design stars at the House of Commons reception, preceding the gala dinner at the Radisson Blu. The awards clearly demonstrated the vision and scope of talent that exists within the industry and it’s clear the future is in safe hands with the students just starting their careers.

But I’ve found out it is not just about the APS and its Members alone. We need to work with our partners and colleagues across the whole construction sector. So, next year, we will look at ways to strengthen and develop our links with other industry professionals and educators who can help guide the student body as they develop their professional skills.

APS can play its part here too and we are gearing up for an influx of Members taking their CMaPS exams before the end-of-year deadline.

Over the last few weeks, there’s been an upsurge of Members taking the online tests and it’s great to see. I would urge anyone still thinking of having a go to log in to the Members’ area and get started. We are not trying to trip anyone up – it’s all about demonstrating your knowledge. CMaPS is a badge to illustrate to clients, colleagues and the wider construction community, what you can do.

Remember, you’ll have until 31 December to complete the modules (one of which has to be the Health exam). So, why not take a break from the turkey, the telly and endless reruns of, ‘It’s a Wonderful Life’ and do something that might just save a life?

I hope you and your loved ones enjoy all that is best for the festive season. And, if you hear the patter of reindeer hooves on your roof, this may be the one time you’ll be forgiven for trusting that Santa is wearing a harness and Rudolph is properly trained to be working safely at height.

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APS DIGEST: Editor: Matt Smalley | Design: Ken Frame

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