CDM What started out as a well-intentioned law aimed at raising safety standards has descended into...

What started out as a well-intentioned law aimed at What started out as a well-intentioned law aimed at raising safety standards has descended into a tedious raising safety standards has descended into a tedious form-filling exercise that owes more to being seen to be form-filling exercise that owes more to being seen to be safe than making meaningful assessments. That is why safe than making meaningful assessments. That is why root and branch reform of the regulations is so badly root and branch reform of the regulations is so badly needed.”needed.”

The story so far““Whatever way you look at it the Construction (Design Whatever way you look at it the Construction (Design and Management) Regulations have become a big and Management) Regulations have become a big headache headache for everybody for everybody in construction.in construction.

EvolutionNOT

revolution

More or less the same?More or less the same?

Man Power

BAA - The client always bears the risk!

Based on its experience of major recent projects … BAA’s 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)


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

Above allAbove all

I will never forget identifying I will never forget identifying

the body. the body.

Gone was everything we Gone was everything we recognised, all the recognised, all the familiarities of our dad. We familiarities of our dad. We only saw a broken body that only saw a broken body that had been smashed. had been smashed.

I remember how cold he felt I remember how cold he felt and the blood and dirt in his and the blood and dirt in his hair hair

No one should have to die No one should have to die like my father, just another like my father, just another payroll number to be struck payroll number to be struck from the list.from the list.

Margaret O’Sullivan

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

Now forNow forsome some detaildetail

ScopeScopeScopeScope• Covers Covers allall construction work construction work

(All work needs to be properly managed)(All work needs to be properly managed)

• Notifiable work:Notifiable work:appoint co-ordinator and PCappoint co-ordinator and PCwritten plan, h&s filewritten plan, h&s file

• DemolitionDemolitionsystem of work (method statement) system of work (method statement)

always has to be written downalways has to be written down

• Covers Covers allall construction work construction work(All work needs to be properly managed)(All work needs to be properly managed)

• Notifiable work:Notifiable work:appoint co-ordinator and PCappoint co-ordinator and PCwritten plan, h&s filewritten plan, h&s file

• DemolitionDemolitionsystem of work (method statement) system of work (method statement)

always has to be written downalways has to be written down

Notifiable projectsNotifiable projects

Construction phase Construction phase

> 30 days> 30 days

oror

500 person days500 person days

= No change!= No change!

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: appointmentswritten plans, etc.

EveryoneEveryone• Check own competenceCheck own competence

• Co-operate with othersCo-operate with others

• Report obvious risksReport obvious risks

• Comply with Schedule 3 Comply with Schedule 3 and other regulationsand other regulations

ClientsClients** (All projects) (All projects)

• Check competence of Check competence of appointeesappointees

• Ensure suitable management Ensure suitable management arrangementsarrangements

• Allow sufficient time and Allow sufficient time and resources for all stagesresources for all stages

** Excluding domestic clientsExcluding domestic clients

• Check competence of Check competence of appointeesappointees

• Ensure suitable management Ensure suitable management arrangementsarrangements

• Allow sufficient time and Allow sufficient time and resources for all stagesresources for all stages

** Excluding domestic clientsExcluding domestic clients

ClientsClients** (Notifiable) (Notifiable)• Appoint co-ordinatorAppoint co-ordinator

beforebefore design work starts design work starts ensure job done properlyensure job done properly

• Appoint principal contractorAppoint principal contractor as early as possibleas early as possible

• Provide informationProvide information

• Construction not to start unless:Construction not to start unless: welfare facilitieswelfare facilities construction phase planconstruction phase plan

• Health and safety fileHealth and safety file** Excluding domestic clientsExcluding domestic clients

• Appoint co-ordinatorAppoint co-ordinator beforebefore design work starts design work starts ensure job done properlyensure job done properly

• Appoint principal contractorAppoint principal contractor as early as possibleas early as possible

• Provide informationProvide information

• Construction not to start unless:Construction not to start unless: welfare facilitieswelfare facilities construction phase planconstruction phase plan

• Health and safety fileHealth and safety file** Excluding domestic clientsExcluding domestic clients

Co-ordinatorCo-ordinator• Advise and assist clientAdvise and assist client

• Notify HSENotify HSE

• Co-ordinate design workCo-ordinate design work project management?project management? Other preparation for construction?Other preparation for construction?

eg arrange site surveyseg arrange site surveysinstallation/disconnection of services/welfare facilitiesinstallation/disconnection of services/welfare facilities

• Manage early h&s communicationManage early h&s communication

• Liaise with PC re ongoing designLiaise with PC re ongoing design

• Prepare/update health and safety filePrepare/update health and safety file

• Competence standard???Competence standard???

DesignersDesigners• Eliminate hazards/reduce risks to people:Eliminate hazards/reduce risks to people:

cleaning/maintaining fixtures and fittingscleaning/maintaining fixtures and fittings using a structure designed as a place of workusing a structure designed as a place of work carrying out construction workcarrying out construction work others who may be affected Information about remaining others who may be affected Information about remaining

risksrisks

• Focus onFocus oncollective safeguards collective safeguards barriers barriers PPEPPEchanges designers can make changes designers can make what contractors must do!what contractors must do!

Designers 2Designers 2• Check:Check:

client knows about dutiesclient knows about dutiesco‑ordinator has been appointedco‑ordinator has been appointed**HSE has been notifiedHSE has been notified**

• Provide information forProvide information forcontractors and h&s filecontractors and h&s file

• Informed, professionalInformed, professionaljudgementjudgement

* if requiredif required

Health& safetyHealth

& safety

Environment appearance

function

Environment appearance

function

Buildability:Buildability:the new buzz-phrase?the new buzz-phrase?

““We have a duty toWe have a duty toensure that our design is safe. ensure that our design is safe. communicate the … design to the builder, in communicate the … design to the builder, in

such clear terms that he .. can allocate … such clear terms that he .. can allocate … money, materials and manpower … to money, materials and manpower … to construct the building safely.”construct the building safely.”

Bernard StoneBernard Stone

President IStructE 1969/70.President IStructE 1969/70.

Principal contractors - 1Principal contractors - 1

• Plan, manage and monitor workPlan, manage and monitor work Prepare, develop & implement written plan and site Prepare, develop & implement written plan and site

rulesrules Initial plan before construction phase beginsInitial plan before construction phase begins

• Liaise with contractors in developing planLiaise with contractors in developing plan Give them relevant parts of the planGive them relevant parts of the plan

• Suitable welfare facilities provided from Suitable welfare facilities provided from start and maintained throughoutstart and maintained throughout

Principal contractors - 2Principal contractors - 2

• ArrangeArrangesite inductionssite inductionsany further information and training needed any further information and training needed

for the workfor the work

• Consult the workersConsult the workers

• Liaise with co‑ordinator re ongoing Liaise with co‑ordinator re ongoing designdesign

• Secure siteSecure site

Contractors always:Contractors always:

• Plan, manage and monitor own work Plan, manage and monitor own work and that of workersand that of workers

• Train own employeesTrain own employees

• Provide information to their workersProvide information to their workers

• Comply with Schedule 2 & 3 and Comply with Schedule 2 & 3 and other regulationsother regulations

• Ensure adequate welfare facilitiesEnsure adequate welfare facilities

Contractors Contractors (Notifiable)(Notifiable)

• CheckCheckclient is aware of duties client is aware of duties PC & co-ordinator have been appointed and HSE PC & co-ordinator have been appointed and HSE

notified before starting work notified before starting work Co-operate with PC in planning/ managing Co-operate with PC in planning/ managing Follow reasonable directions and site rulesFollow reasonable directions and site rulesInform principal contractor of problems with the planInform principal contractor of problems with the planInform PC of reportable accidents & dangerous Inform PC of reportable accidents & dangerous

occurrencesoccurrences

• Provide information needed for h&s fileProvide information needed for h&s file

Things to think about

• How to set competence standardsbut simplify assessment

• Selling ideasparticularly to clients

and designersclear added valueclient's

arrangements - useful/bureaucratic?

• Role of co-ordinator including: links with project

management Independence

• Reducing bureaucracy in reality -v- civil and contract liability

Will new lawsolve problems?

No!Focus on action that makes a difference

Competence

Planning

Management

Teamwork

Communication

Pointless paperwork

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

““CDM reform is right on targetCDM reform is right on target

IfIf the plan sweeps away piles of useless the plan sweeps away piles of useless

paperwork it will be a great triumph. As it paperwork it will be a great triumph. As it stands the HSE’s Consultation Document stands the HSE’s Consultation Document promises well thought out reforms that promises well thought out reforms that should herald a new era of safer working.”should herald a new era of safer working.”

A new era?A new era?

Whither CDM?Whither CDM?

Design Co-operation

Communication

Co-ordinator

Competence

Principal ContractorManage

Plan

Safe and profitable constructionSafe and profitable construction

Client’s specification and team responsibilities

Its in Its in your your

hands!hands!

http://consultations.hse.gov.uk/consult.ti/conregshttp://consultations.hse.gov.uk/consult.ti/conregs

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