1. Construction (Design & Management) Regulations 2007 Jim Armstrong MCIAT, RMaPS LINDUM CONSTRUCTION FOOD CONSTRUCTION SEMINAR 4 th February 2011

2. CDM 2007 The CDM 2007 Regulations are about focusing attention on effective planning and management of construction projects, from design concept onwards. The aim is for health and safety considerations to be treated as a normal part of a projects development, not an after thought or bolt on extra. The object of the new CDM 2007 Regulations is to reduce the risk of harm to those that have to build, use and maintain structures.... CDM 2007 Overview – Slide 11

3. Structure of CDM 2007 The Regulations are in Five parts – Part 1: Introduction (Definitions & Interpretation) – Part 2: General management duties applying to all construction projects – Part 3: Additional duties where projects are notifiable – Part 4: Worksite health and safety requirements – (formerly the CHSW Regulations 1996) – Part 5: General (transitional arrangements, revocations etc.) The main point to take from this is that all your construction projects are CDM projects.... CDM 2007 Overview – Slide 11

4. Remember, there are Sanctions for breaches Serious breaches of this legislation on your construction project could result in construction work being stopped by HSE (with possible additional work needed to rectify matters) In the most serious circumstances you may be prosecuted Remember that Health and Safety law gives the courts considerable scope to punish offenders and to deter others, including Unlimited fines in the higher courts Imprisonment for some offences..... CDM 2007 Overview – Slide 11

5. What is a Project under CDM A project is not just the construction work itself, but includes all the planning, design, and management or other work until the end of the construction phase. Of particular importance to the food industry is that the definition of construction work is wide and some of the plant needed for your processes are deemed structures in their own right and their construction, commissioning and eventual demolition comes under the CDM Regulations Where the project includes such structures the construction phase is not over until all commissioning of fixed services to this kit is complete Appointments required for Notifiable Projects must be in place until the end of the construction phase…. CDM 2007 Overview – Slide 13

6. When is a Project Notifiable Notifiable construction work under CDM 2007 are construction projects with a: Non-domestic client - YOU and involve more than 30 days of Construction work or involving more than 500 person days of Construction work (say 25 people for 20 days or 50 for 10) Note, these are days on which construction takes place, not calendar days…. CDM 2007 Overview – Slide 13

7. Notification – key points Notification triggers appointment of additional duty holders and duties –Appointment of a CDM Co-ordinator –Notification to HSE –Appointment of a Principal Contractor –Creation of a Construction Phase Plan –Creation of a Health and Safety File Dont forget, most duties remain on clients, designers & contractors regardless of whether notification is required…. CDM 2007 Overview – Slide 12

8. Role of clients under CDM 2007 (1) CDM 2007 recognises the influence that clients can have over the health and safety of their project and therefore makes them accountable for the impact they have on health and safety on their projects. The Regulations do not, in the main, confer new duties on the client –They make explicit existing duties under H&S regulations –They clarify how those duties should be exercised on construction projects…. CDM 2007 Clients – Slide 7

9. Duties on clients – all projects (1) Check competence and resources of those they appoint (new ACOP competence criteria) Qualifications, membership of appropriate professional institutions Appropriate experience of similar projects Allow sufficient time and resources to your team and those you appoint. Provide key information to designers and contractors (existing H&S Files) - it is for the clients to arrange for any gaps in information to be filled e.g. commissioning an asbestos survey Ensure that all those involved in the work co-operate and co-ordinate their activities…. CDM 2007 Clients – Slide 9

10. Duties on clients – all projects (2) Ensure suitable management arrangements (of H&S issues) are in place –Type and level of checks needed depends on the work being undertaken and the risks involved Ensure adequate welfare facilities are on site, (either existing or hired in for the construction phase only) Ensure workplaces are designed in accordance with Workplace (Health, Safety & Welfare) Regulations 1992 Clients should make sure things are done, not do them themselves…. CDM 2007 Clients – Slide 10

11. Duties on clients – notifiable projects (1) Appoint a competent CDM co-ordinator early Before RIBA Stage D, before detailed Planning Application Provide CDM co-ordinator with key information Appoint a competent Principal Contractor Ensure the construction phase does not start unless there is A Construction phase (health and safety) plan in place And Suitable welfare facilities are available Retain and provide access to the health and safety file and revise it with any new information…. CDM 2007 Clients – Slide 11

12. Who is the CDM co-ordinator? CDM 2007 created the new expanded role of CDM co-ordinator which completely replaces the role of Planning Supervisor from the 94 Regs. Role is to advise the client on health and safety issues during the design and planning phases of construction work Must be appointed for notifiable projects, But can be appointed for any construction project The Client / CDM co-ordinator relationship is key to this revision of CDM CDM 2007 CDM co-ordinator – Slide 2

13. Duties of the CDM co-ordinator (1) CDM co-ordinators must be able to give suitable and sufficient advice to clients in order to help the Client comply with their CDM duties They should: Help identify what information will be needed by designers and contractors It is useful if the CDM-C has a design background in order to assess the type of information that will be required by the design team in moving their design forward. Co-ordinate the arrangements for health and safety planning of design work…. CDM 2007 CDM co-ordinator – Slide 5

14. Duties of the CDM co-ordinator (2) Ensure that HSE is notified of the project If required by the Client, advise about selecting competent designers and contractors Advise the Client on the suitability of the initial construction phase plan- This enables the Client to consider their duty of allowing a start on site, Prepare a Health and Safety File ( which is information for the client to enable future cleaning, maintenance and alterations can be carried out safely) Note, if a CDM-C (or indeed a PC) is not appointed the Client assumes those duties and responsibilities…. CDM 2007 CDM co-ordinator – Slide 6

15. Who are designers? Designer has a wide definition under CDM 2007 Designer duties apply to all projects, including non- notifiable and domestic It includes people who prepare –Drawings –Design details, analysis and calculations –Specification and Bills of Quantities The design could be on paper, computer or verbal Clients, who specify materials or methods may assume design responsibilities under CDM …. CDM 2007 Designers – Slide 2

16. Duties on designers All projects (1) Designers must (for all construction projects): –Ensure clients are aware of their CDM Client duties –Make sure they (the designer) are competent for the work proposed and put appropriate resources (people and time) to the project –Remember the 2 part competency check: qualification and appropriate experience –Co-ordinate their work with others as necessary to manage risk –Co-operate with CDM co-ordinator and others –Provide sufficient information about the structure for Clients, other designers and contractors…. CDM 2007 Designers – Slide 5

17. Duties on designers All projects (2) Designers must also: Avoid foreseeable risks in their designs SFAIRP (so far as is reasonably practicable) In particular – inform others of significant or unusual/ not obvious residual risks CDM 2007 does not require zero risk designs, nor should it stifle creativity…. CDM 2007 Designers – Slide 7

18. Design reviews Design teams should hold design reviews for H&S issues to help ensure buildability, usability, & maintainability of the structure Designers should involve the contractor when reviewing buildability the client (or building operators) when reviewing usability and maintainability the CDM co-ordinator if one is appointed…. CDM 2007 Designers – Slide 17

19. Designers - Provision of H&S Information The aim is to provide the right information to the right people at the right time. There is no right or wrong way for designers to provide information to others. It will depend upon what the information is, and to who needs to use it. Methods of informing may include – Notes on drawings – (will stay with the drawn detail but need to be concise) – Separate written information – (can get separated from the drawn information) but can be much fuller in content – Suggested sequence of construction (only if not obvious) …. CDM 2007 Designers – Slide 13

20. Designers – Paperwork and Records Designers should eliminate hazards and reduce risks created by their designs, however Design Risk Assessments (DRAs) are unhelpful and should be discouraged The clear message from HSE is that they do not expect designer risk assessments to be done. If they are done it is because they are of benefit to the design process. Designers under CDM 2007 are not legally required to keep records of the design process However, brief records why key decisions were made will be helpful when designs are passed to another party, to prevent decisions being reversed for the wrong reasons…. CDM 2007 Designers – Slide 15

21. Additional duties on Designers for notifiable projects Check that the client has appointed a CDM co- ordinator Only initial design work is permitted until a CDM co-ordinator has been appointed initial design can be considered to be no more than work within and before RIBA Stage C (Design Concept) Co-operate with the CDM co-ordinator, principal contractors and with other designers or contractors so all can conform with their CDM duties Provide relevant information for the health and safety file …. CDM 2007 Designers – Slide 18

22. Closing Remarks Industry and the HSE have worked in partnership to revise and simplify the CDM Regulations and to combine them with the CHSW Regulations Proof of this collaboration can be seen in the wealth of H&S and CDM related guidance available this time around. Most of which is free to download from the web…. CDM 2007 Summary – Slide 2

23. Thank you for your time Jim Armstrong