2. CDM

3. What started out as a well-intentioned law aimed at raising safety standards has descended into a tedious form-filling exercise that owes more to being seen to be safe than making meaningful assessments. That is why root and branch reform of the regulations is so badly needed. The story so far Whatever way you look at it the Construction (Design and Management) Regulations have become a big headache for everybody in construction.

4. Evolution NOT revolution

5. More or less the same?

6. Man Power

7. More or less the same?

9. BAA - The client always bears the risk! Based on its experience of major recent projects … BAAs view is that, no matter how the risk is apparently placed under different forms of contractual regime, the end result is the same: the client still bears and pays for risk. (NAO Report - Improving Public Services Through Better Construction, March 2005)

10. More or less the same?

13. http://www.hse.gov.uk/construction/cdmguides.htm

14. More or less the same?

17. Above all

18. I will never forget identifying the body. Gone was everything we recognised, all the familiarities of our dad. We only saw a broken body that had been smashed. I remember how cold he felt and the blood and dirt in his hair No one should have to die like my father, just another payroll number to be struck from the list. Margaret OSullivan

19. Less bureaucracy blame risk dumping improvisation confusion late appointments pointless questionnaires waste (time and money), the letter of the law them deaths and injuries More communication teamwork risk management planning clarity early involvement real competence profit (right quality first time) sensible health and safety US safe and healthy retirements

20. Now for some detail

21. ScopeScope Covers all construction work Covers all construction work (All work needs to be properly managed) Notifiable work: Notifiable work: appoint co-ordinator and PC appoint co-ordinator and PC written plan, h&s file written plan, h&s file Demolition Demolition system of work (method statement) always has to be written down system of work (method statement) always has to be written down Covers all construction work Covers all construction work (All work needs to be properly managed) Notifiable work: Notifiable work: appoint co-ordinator and PC appoint co-ordinator and PC written plan, h&s file written plan, h&s file Demolition Demolition system of work (method statement) always has to be written down system of work (method statement) always has to be written down

22. Notifiable projects Construction phase > 30 days or 500 person days 500 person days = No change!

23. Application CDM 94 applies to Demolition Projects involving more than 5 people Local Authority is the enforcing authority Proposed General duties always apply If notifiable: appointments written plans, etc.

24. Everyone Check own competence Check own competence Co-operate with others Co-operate with others Report obvious risks Report obvious risks Comply with Schedule 3 and other regulations Comply with Schedule 3 and other regulations

25. Clients * (All projects) Check competence of appointees Check competence of appointees Ensure suitable management arrangements Ensure suitable management arrangements Allow sufficient time and resources for all stages Allow sufficient time and resources for all stages *Excluding domestic clients Check competence of appointees Check competence of appointees Ensure suitable management arrangements Ensure suitable management arrangements Allow sufficient time and resources for all stages Allow sufficient time and resources for all stages *Excluding domestic clients

26. Clients * (Notifiable) Appoint co-ordinator Appoint co-ordinator before design work starts before design work starts ensure job done properly ensure job done properly Appoint principal contractor Appoint principal contractor as early as possible as early as possible Provide information Provide information Construction not to start unless: Construction not to start unless: welfare facilities welfare facilities construction phase plan construction phase plan Health and safety file Health and safety file *Excluding domestic clients Appoint co-ordinator Appoint co-ordinator before design work starts before design work starts ensure job done properly ensure job done properly Appoint principal contractor Appoint principal contractor as early as possible as early as possible Provide information Provide information Construction not to start unless: Construction not to start unless: welfare facilities welfare facilities construction phase plan construction phase plan Health and safety file Health and safety file *Excluding domestic clients

27. Co-ordinator Advise and assist client Advise and assist client Notify HSE Notify HSE Co-ordinate design work Co-ordinate design work project management? project management? Other preparation for construction? Other preparation for construction? eg arrange site surveys eg arrange site surveys installation/disconnection of services/welfare facilities installation/disconnection of services/welfare facilities Manage early h&s communication Manage early h&s communication Liaise with PC re ongoing design Liaise with PC re ongoing design Prepare/update health and safety file Prepare/update health and safety file Competence standard??? Competence standard???

28. Designers Eliminate hazards/reduce risks to people: Eliminate hazards/reduce risks to people: cleaning/maintaining fixtures and fittings cleaning/maintaining fixtures and fittings using a structure designed as a place of work using a structure designed as a place of work carrying out construction work carrying out construction work others who may be affected Information about remaining risks others who may be affected Information about remaining risks Focus on Focus on collective safeguards collective safeguards barriers PPE barriers PPE changes designers can make changes designers can make what contractors must do! what contractors must do!

29. Designers 2 Check: Check: client knows about duties client knows about duties co ordinator has been appointed* co ordinator has been appointed* HSE has been notified* HSE has been notified* Provide information for contractors and h&s file Provide information for contractors and h&s file Informed, professional judgement Informed, professional judgement if required * if required Health & safety Environment appearance function

30. Buildability: the new buzz-phrase? We have a duty to ensure that our design is safe. ensure that our design is safe. communicate the … design to the builder, in such clear terms that he.. can allocate … money, materials and manpower … to construct the building safely. communicate the … design to the builder, in such clear terms that he.. can allocate … money, materials and manpower … to construct the building safely. Bernard Stone President IStructE 1969/70.

31. Principal contractors - 1 Plan, manage and monitor work Plan, manage and monitor work Prepare, develop & implement written plan and site rules Prepare, develop & implement written plan and site rules Initial plan before construction phase begins Initial plan before construction phase begins Liaise with contractors in developing plan Liaise with contractors in developing plan Give them relevant parts of the plan Give them relevant parts of the plan Suitable welfare facilities provided from start and maintained throughout Suitable welfare facilities provided from start and maintained throughout

32. Principal contractors - 2 Arrange Arrange site inductions site inductions any further information and training needed for the work any further information and training needed for the work Consult the workers Consult the workers Liaise with co ordinator re ongoing design Liaise with co ordinator re ongoing design Secure site Secure site

33. Contractors always: Plan, manage and monitor own work and that of workers Plan, manage and monitor own work and that of workers Train own employees Train own employees Provide information to their workers Provide information to their workers Comply with Schedule 2 & 3 and other regulations Comply with Schedule 2 & 3 and other regulations Ensure adequate welfare facilities Ensure adequate welfare facilities

34. Contractors (Notifiable) Check Check client is aware of duties client is aware of duties PC & co-ordinator have been appointed and HSE notified before starting work PC & co-ordinator have been appointed and HSE notified before starting work Co-operate with PC in planning/ managing Co-operate with PC in planning/ managing Follow reasonable directions and site rules Follow reasonable directions and site rules Inform principal contractor of problems with the plan Inform principal contractor of problems with the plan Inform PC of reportable accidents & dangerous occurrences Inform PC of reportable accidents & dangerous occurrences Provide information needed for h&s file Provide information needed for h&s file

35. Things to think about How to set competence standards but simplify assessment Selling ideas particularly to clients and designers clear added value client's arrangements - useful/bureaucratic? Role of co-ordinator including: links with project management Independence Reducing bureaucracy in reality -v- civil and contract liability

36. Will new law solve problems? No! Focus on action that makes a difference Competence Planning Management Teamwork Communication Pointless paperwork

37. Timetable Consultation…………….. Revise proposals……….. Revised proposals to CONIAC…………… ….. Proposals to HSC………. Publish ACoP/guidance Regs in force……… …….. April-July 2005 Aug-December March 2006 May 2006 July 2006 October 2006

38. CDMCDM reform is right on target If If the plan sweeps away piles of useless paperwork it will be a great triumph. As it stands the HSEs Consultation Document promises well thought out reforms that should herald a new era of safer working. A new era?

39. Whither CDM? Design Co-operation Communication Co-ordinator Competence Principal Contractor ManageManage PlanPlan Safe and profitable construction Clients specification and team responsibilities Its in your hands! http://consultations.hse.gov.uk/consult.ti/conregs

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41. Involve the workforce Principal Contractor must Consult the workforce Make key documents available Health and safety file Site surveys Designers info Risk assessments Plan So must employers!

42. CDMCDM Communication The right information to the right people at the right time Health and safety file Surveys Designers comments Plan Dont forget the workers! Avoid bureaucracy Dont bury important information! Its good to talk! CDMCDM CDMCDM

43. Teamwork Competent team Timing of appointments Contracts that encourage teamworking Co-ordinator for pre-construction PC for construction phase

44. Clients needs Specify Design Plan Construct Clean Maintain Demolish Comms Think whole team and lifecycle

45. By

46. CONIAC Declaration on Engaging the Workforce - 1 Every construction worker has a right to work in places where risks to their health and safety are properly controlled. Every worker should have a voice and will be given opportunities to influence health and safety in the places they work. We commit to actively promoting positive relationships between workers and their representatives, employers, designers clients and those having control of construction work. We recognise the role that unions and safety representatives play in improving worker health and safety consultation.

47. CONIAC Declaration on Engaging the Workforce2 We will: Expect All workers to get involved; Encourage clients, employers, designers, project managers … to ensure workers are listened to and given real opportunities to help improve their working conditions; Ensure that sufficient resources, including training, are made available … to improve worker consultation; Develop and share best practice Our aim is to achieve a long-term culture change in the construction industry, in order to improve working conditions for everyone.

48. Planning & management Clients must ensure: sufficient time suitable management arrangements Co-ordinator help client and co-ordinate design phase PC plan and manage construction phase Contractors plan and manage own work

49. John Ruskin 1819 to 1900 There is hardly anything in the world that some man cannot make a little worse and sell a little cheaper, and the people who consider price only are this man s lawful prey. It's unwise to pay too little. When you pay too much, you lose a little money - that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing it was bought to do. The common law of business balance prohibits paying a little and getting a lot - it can't be done. If you deal with the lowest bidder, it is well to add something for the risk you run. And if you do that, you will have enough to pay for something better.

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