DIRECT WORKS FORUM CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007 Aylesbury: Dunfermline: Belfast:

Presenter Tim Meese – CMIOSH, RSP, MIIRSM Member of the Association for Project Safety 20 + years experience working in construction and health & safety. Managing Consultant – Sypol Ltd

Who Are We Independent Management Consultancy specialising in Health, Safety & Environment 25 year trading history Friendly Experts Topic specialists Sector champions Regional & International Aylesbury Belfast Dunfermline EMEA USA

What We Do Health and Safety Occupational Hygiene Asbestos Management System Environment Training SafetySmart COSHH Management System

General Health and Safety Risk assessments Fire risk assessments Accident & incident investigations Construction & CDM Stress management Violence & aggression management Personal safety Expert witness

Objectives An appreciation of the CDM Regulations 2007 and their application Awareness of the ‘key’ changes from the CDM 1994 Regulations Legal obligations on various duty holders An awareness of the revised Approved Code of Practice for CDM 2007 An understanding of the management process for CDM, including relevant documentation, safety plans and safety files etc

Introduction Background to CDM2007

CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 1994 HSC agrees to revise 1994 regulations during 2003 – published proposals for a NEW single set of Regulations early in 2005 (CD)

CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 1994 HSC and CONIAC concluded that the revision should; Simplify the regulations to improve clarity Maximise their flexibility Make the focus planning and management – NOT paperwork Strengthen requirements for co-operation and co- ordination Simplify the assessment of competence

CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007 Responses HSC Approved Latest In Force 29 July October 2006 To combine the new CDM Regulations 2007 with the Construction (HSW) Regulations 1996 into one consolidated set of Construction Regulations 6 th April 2007

CDM 2007

Principle remains the same CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007 All parties involved in construction work are required to give more consideration to health and safety at all stages of a project - Concept stage - Design stage - Planning - Construction - Commissioning - Demolition

DWF Member Organisations Clients Designers Contractors Co-Ordinators

WHAT DOES CDM 2007 APPLY TO? Construction Work which means the carrying out of any: — building work — civil engineering work or — engineering construction work and — all design work

CDM “Construction Work” means: construction alteration conversion fitting out commissioning renovation repair redecoration maintenance de-commissioning demolition or dismantling In relation to a STRUCTURE

Only two types of project under CDM 2007:- Notifiable Projects or Non-notifiable Projects ( The requirements relating to appointments, plans and files do not apply) CDM always applies to DESIGN work

NOTIFIABLE PROJECTS 1. Construction phase will be longer than 30 working days of construction work, or 2. Will involve more than 500 person days of construction work

Notification (a)Last more than 30 working days; or (b)Involve more than 500 person days, for example 50 people working for over 10 days All days on which construction work takes place count towards the period of construction work Where a small project that is not notifiable requires a short extension, or short term increase in numbers of people, there is no need to notify the HSE. Information required for notification is set out in schedule 1 to the regulations.

Notification – F10(rev) Date of forwarding Exact address of site Name of local authority where site is located Brief description of project and construction work which it includes Contact details of the client Contact details of the CDM co-ordinator Contact details of principal contractor Date planned for start of construction phase Time allowed by client to principal contractor for planning and preparation for construction work Planned duration of construction phase Estimated maximum number of people at work on the site Planned number of contractors Name and address of any contractors already appointed Name and address of any designer already engaged Declaration signed by or on behalf of client that he is aware of his duties under CDM

Designer Client Project Coordinator Contractor Principal Contractor Competent Appointments CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007

Designer Client Project Coordinator Principal Contractor H & S INFORMATION PACK CONST. PHASE H & S PLAN H & S FILE CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007

CLIENTS  An Organisation or Individual for whom a construction project is carried out  Construction project may be carried out in-house e.g. DLO or by others  Responsibilities only imposed upon clients who are acting in connection with a trade, business or other undertaking e.g.Does not cover ‘domestic’ house occupiers

NOTIFIABLE Projects require:- CLIENTS

Clients:- To appoint a co-ordinator Provide pre-construction information Appoint a Principal Contractor Check Const. H&S Plan before work starts Check that suitable welfare in place before work starts (schedule 2) Retain and provide information from H&S File

ALL Construction Projects require:-

Clients:- To undertake competence and resource checks on all appointments Ensure that management arrangements are adequate Allow sufficient time and resources at all stages Provide pre-construction information to designers and contractors

NOTIFIABLE Projects require:- DESIGNERS

Designers:- Must ensure they are competent to address the H&S issues likely to be involved in the design; Check that clients are aware of their duties; ensure that the client has appointed a co-ordinator and notified the HSE before design work starts Prepare designs with adequate regard to health and safety during construction and for maintainability Provide adequate information in or with the design (Residual Risks) Co-operate with Co-ordinator etc and provide information for the ‘information pack’ and/or Safety File

ALL Projects require:-

Designers:- To eliminate hazards and reduce risk due to design; Provide information about remaining risks;

PROJECT DESIGN – H&S INFORMATION  Designers must include adequate H & S information with the design – this includes information about hazards that remain in the design  No need to mention every hazard or assumption - only significant hazards  Significant hazards - not likely to be obvious to a competent contractor, unusual or likely to be difficult to manage

PROJECT DESIGN – H&S INFORMATION Significant hazards - examples  Multiple fatalities  Temporary works - stability  Hazardous or flammable substances  Features of the design or sequences of assembly/disassembly  Specific problems and possible solutions e.g. removal of large items of plant from buildings, scaffolds on building facades without positions for tying-in  Heavy or awkward prefabricated elements

CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007 Designers Under 1994 Regulations Designers have no duty under CDM to ensure that their designs are safe to use. (Occupiers have to ensure that the finished structure complies with other H&S law, particularly the Workplace Regulations) To ensure that these issues are addressed at the design stage, designers duties will be extended for fixed workplaces to cover safe use. (Competent designers should be doing this already – so this is likely to require minimal additional work in practice)

NOTIFIABLE Projects require:- CDM CO-ORDINATORS

Co-Ordinators:- To advise and assist clients with their duties Identify and extract the pre-construction information required by Designers and Contractors; inc mobilisation period Notify the HSE of the project Advise the client on the suitability of the construction phase health and safety plan Co-ordinate design work, planning and other preparation for H&S Manage communication between client, designers and contractors; Liase with PC on ongoing design issues Prepare and/or update a relevant user friendly H&S File CDM CO-ORDINATORS

Pre – Construction Information The detail in the information package will vary according to the complexity of the project and hazards involved. Aim is to identify and target the key H&S issues Should be sufficient to ensure that significant risks during the work can be anticipated and planned for.

Pre – Construction Information The right information for the right people at the right time!

CDM HEALTH & SAFETY FILE The Health and Safety File provides information needed during future construction works, cleaning, maintenance, alterations, refurbishment and demolition

CDM HEALTH & SAFETY FILE The Health and Safety File is not a maintenance manual but is essential for alerting those doing work to the health and safety risks involved. Clients, designers, principal contractors, other contractors and CDM co-ordinators all have legal duties in respect of the file.

HEALTH & SAFETY FILE A brief description of the works Residual hazards and how they have been dealt with ‘Key’ structural principles ‘As built’ drawings General details of construction methods and materials used Details of the structures equipment and maintenance facilities

HEALTH & SAFETY FILE Key structural principles incorporated in the design of the structure Health and safety requirements relating to maintenance procedures and requirements for the structure Manuals for plant and equipment (O & M) Location and nature of utilities and services including emergency and fire fighting systems

NOTIFIABLE Projects require:- PRINCIPAL CONTRACTORS

Principal Contractors:- Must satisfy themselves that clients are aware of their duties; co-ordinator appointed and HSE notified; Ensure they are competent to address the H&S issues likely to be involved in the management of the construction phase; Ensure that the const. phase is properly planned, managed and monitored, with adequately resourced, competent site management; Ensure adequate Const. H&S Plan before work starts; communicated to contractors; implemented; kept up to date as project progresses

Principal Contractors:- Must satisfy themselves that designers and contractors they engage are competent and adequately resourced; Ensure suitable welfare facilities are provided from the start of the construction phase; Take reasonable steps to prevent unauthorised access to site; Prepare and enforce any necessary site rules; Provide (copies or access to) relevant parts of the plan and other information to contractors in time for them to plan their work – not after they start work!

Principal Contractors:- Liaise with the co-ordinator on design carried out during the construction phase; Provide the co-ordinator promptly with information for the H&S File; Ensure that all the workers have been provided with suitable H&S induction, information and training; Ensure that the workforce is consulted about H&S matters; Display the project notification;

CONSTRUCTION PHASE HEALTH & SAFETY PLANS  The level of detail should be proportionate to the risks involved in the project

ALL Projects require:-

Contractors:- To plan, manage and monitor their own work and that of workers; Check the competence of all their appointees and workers; Comply with the requirements for H&S detailed in the Schedules; Ensure there are adequate welfare facilities for workers;

COMPETENCE UNDER CDM 2007 Companies Contractors Co-ordinators Designers

IN CHECKING ON COMPETENCE, TAKE ACCOUNT OF THE NEED FOR: All those with duties under CDM must satisfy themselves that those they engage or appoint are competent and have sufficient resources Reasonable steps to be taken – enquiries or advice Assessments of competence and resources need to take place before appointment made

IN CHECKING ON COMPETENCE, TAKE ACCOUNT OF: Competence and resource requirements only relate to CDM and health and safety Checks should be proportionate to the project No need to repeat checks For simple, low risk projects, minimal checks are needed

ASSESSING COMPETENCE Information about ‘track record’ Evidence of competence of individuals on the project Availability of sufficient competent people, essential equipment, facilities and management systems Information about past health and safety performance, corrective actions, enforcement action

ASSESSING COMPETENCE Two-stage process Stage 1: An assessment of organisation and arrangements for health and safety to determine whether these are sufficient to enable them to carry out the work safely and without risk to health. Stage 2: An assessment of experience and track record to establish they are capable of doing the work. Core criteria established by industry and HSE. (Appendix 4 to ACoP)

CDM QUESTIONS AND CLOSE THANK YOU