CDM 2015

Professor Billy Hare School of Engineering & Built Environment

School of Engineering & Built Environment GCU

GCU

£444m to Scottish Economy

17,335 Students

95% Graduate Employment

School of E.B.E.

Largest Scottish B.E. Students

High Scottish B.E. Research

New BSc (Hon) H&S Mgt.

H&S Research: BIM; SCB; Skill Decay, Migrant Workers

CPD: CDM; W@H; S.L.W.E.

Industry Eng.: IOSH; CITB; CDM (PD Guidance); CIOB; ICE; KTP

Aim of Today’s Briefing Session

Aim

• Introduction and overview of CDM 2015

• Roles of Duty Holders

• Summary of recent Court Cases

CDM 2015: Structure of Regulations

Part 1: (1) Citation (2) Interpretation (3) Application

Part 2: (4) Client (5) Appointments (6) Notification (7) Domestic Clients

Part 3: (8) General (9&10) Designer & GB (11) PD (12) CPP H&SF (13&14) PC (15) Contractor

Part 4: (16 – 35) Site HS&W

Part 5: (36) Fire Regulation; (37) Transitional (38) Amendments (39) Review

Schedules: (1) F10 (2) Welfare (3) High Risk Activities (4) Transitional (5) Amendments

Appendix: (1) Principles of Prevention (2) PCI (3) CPP (4) H&SF (5) Interaction (6) Domestic C

HSE: Construction (Design and Management) Regulations 2015,

Guidance L153

CITB/CONIAC Guidance

Each Duty Holder

CDM 2015: Guidance

http://www.hse.gov.uk/pubns/priced/l153.pdf

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-

management-regulations/cdm-guidance-documents/

Clien

t

Pri

ncip

al

Desig

ner

Desig

ner

Pri

ncip

al

Co

ntr

acto

r

Co

ntr

acto

r &

Wo

rker

Management Arrangements Appointments Notification

Eliminate Reduce Inform Control

Plan Manage Monitor

Co-Ord. H&S

Skills Knowledge Experience

Training Supervision

General Duties:

SKE, Org. Capability, Co-op, Report, Info.

Site

HS&W

Plan Manage Monitor

Co-Ord. H&S

Duty Holders

Com

merc

ial C

lient

Regulation 4

Regulation 5

Regulation 6

Regulation 8(4)(6)

Commercial Client Guidance Reg 4

Make suitable arrangements to manage H&S, secure welfare facilities.

Ensure management arrangements are maintained and reviewed.

Provide PCI.

Ensure CPP in place prior to start of construction phase.

Ensure PD prepares, updates and makes available the H&SF.

Ensure PD & PC comply with all their duties.

Pass H&SF to new Client.

Election when there is more than one Client.

Reg 5

Appoint PD & PC as soon as practicable,

Client by default; More than 1 Contractor

Reg 6

Notification F10: Over 30 days & more 20 workers or over 500 p/d

Reg 8

General duties

Do

me

stic C

lient

Regulation 7

Domestic Client Guidance

Reg 7

Duties carried out by

• Contractor

• PC (if more than 1)

• PD (by written agreement)

Default PD & PC

• Designer in Control PD

• Contractor in Control PC

Reg 16(3)

• If Client ‘controls’ construction work

then subject to Part 4 Duties

Client Fine £120,000 after fatal fall

BBC News July 2016

• Unsupervised

• Installing black-out

covers

• No fall protection

• New sentencing

guidelines could mean

£m’s for future

Council fined after man dies and another

injured in roadworks

• Both incidents during major resurfacing works

• 74yr man hit by a car while using crossing at temporary lights

• Temp. pedestrian lights not working; no alternative provided

• Following month, 69yr old killed attempting to cross a single lane of traffic on the same road; changes had been made to the traffic control lights

Enterprise Liverpool Limited: • failed to ensure the designs for the traffic management

were checked or approved

• failed to ensure the construction plan for

pedestrian routes and provision of barriers

was being followed

• at the time of the incidents provided no safe

means of pedestrians crossing the works

area or the carriageway

• Tarmac Trading Limited…

Tarmac Trading Limited:

Responsible for the provision and installation of the traffic and pedestrian management:

• 1st Incident - failed to provide alternative assistance for pedestrians at the time of the first incident despite it being known that the temporary lights were broken

• temporary bus stop had also been placed in the middle of the road at the crossing

• 2nd Incident - temporary lights had been removed but no alternative control measures were put in place to enable pedestrians to cross the live lane of traffic

• large A-frame sign was placed on the crossing obscuring the view of both pedestrians and motorists

Sentencing:

• Liverpool City Council: CDM 2007 R9(1)

– £15,000 & £100,000 costs

• Enterprise Liverpool Limited: CDM 2007 R22(1)

– £25,000 & £80,000 costs

• Tarmac Trading Limited: HASAWA S3(1)

• fined £1.3 million and ordered to pay £130,000 costs

Client:

Arrangements

PC: Plan

Manage Monitor Contract

or

safety

of

others

(public)

Prin

cip

al D

esig

ne

r

Regulation 8

Regulation 11

Regulation 12

PD Guidance

Reg 11

Plan manage monitor pre-construction phase & coordinate H&S.

Apply general principles of prevention (and content of CDM

documents) to technical, organisational, stage planning, and

time aspects of the work.

Identify, eliminate or control foreseeable risks for: construction,

maintenance, cleaning, use/workplace.

Ensure Designers comply with duties.

Ensure cooperation with Client, PD and each other.

Assist Client with PCI, provide PCI to others. Liaise with PC.

Reg 12

Assist PC with CPP using PCI & other info.

Prepare H&SF:- Ensure Reviewed Updated Revised

Pass H&SF to C. or PC if role ends

Reg 8

General duties

Level 1 Unaware

Level 2 Compliance

Level 3 Proactive

Level 4 Natural

Developing the PD role:

HSE’s expectations

Delegate H&S

to CDMC

Use of ‘non-active’

Designers (Ex-

CDMC) as PD

‘Active’ designers

undertaking PD

with Ex-CDMC

support

Lead Designer

Automatically PD

No support

Pre-Oct. 2015 Next 2 Years 1 - 5 Years 5+ Years

Oxford Architects Fined £195,000

Desig

ner

Regulation 8

Regulation 9

Regulation 10

Designer Guidance

Reg 9

Client aware of duties.

Apply general principles of prevention (and content of PCI)

to eliminate foreseeable risks relating to construction,

maintenance, cleaning and use as a workplace.

Reduce or control risks and provide appropriate info. to

PD for PCI and H&SF.

Include with design, info. about design/construct/

maintenance to help others.

Reg 10

Design outside GB:- Person who commissions or

Client if person is outside GB ensures Reg 9, Not Dom.C

Reg 8

General duties

Luton Airport & Designer

The HSE said the crossing should have had Belisha beacons, zigzag lines and a stop-line at least 1m from the start of the crossing.

Judge Philip Bartle QC said: "There was a foreseeable risk of injury or death to pedestrians and the seriousness is that LLAOL exposed eight million to nine million visitors a year to that risk.“

The court heard that the crossing had been altered following the death of Ms Whiting and the size and number of heavy vehicles using the road had been reduced.

The two companies were not charged with offences specifically relating to Ms Whiting's death.

http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-24582857

Result of site tour with maintenance team

How easy to change

this light bulb?

Easily replaced

Light fitting descends from ceiling

Design for Health:

Reduced on-site cutting (dust)

Planning for Health:

Eliminate generator diesel exhaust

Prin

cip

al C

on

tra

cto

r

Regulation 8

Regulation 12

Regulation 13

Regulation 14

PC Guidance Reg 8

General duties

Reg 13

Plan manage monitor construction phase and coordinate H&S.

Apply general principles of prevention to technical, organisational,

stage planning, and time aspects of the work.

Cooperation and coordination of [Sub] Contractors, including their

legal requirements; employers/ self-employed application of

general principles of prevention to Part 4, and follow CPP.

Requirements: induction, controlled access, welfare facilities.

Reg 14 Worker Engagement

Co-operate on develop/promote/check H&S;

consult in good time; Inspections (Some exclusions)

Reg 12

Prepare/arrange for CPP; Arrangements, Rules, Sch3 work

Ensure CPP Reviewed Updated Revised

Pass info. to PD for H&SF; Receive H&SF if PD ends:-

Ensure H&SF Reviewed Updated Revised & Pass to C.

Contr

acto

r

Regulation 8

Regulation 15

Contractor Guidance Reg 8

General duties

Reg 15

Client aware of duties.

Plan manage monitor own work to ensure worker H&S.

If more than one Contractor:

• comply with PD/PC directions; follow PC’s CPP.

If the only Contractor:

• apply general principles of prevention to technical,

organisational, stage planning, time aspects of their work.

• prepare/arrange for CPP.

Only appoint and put to work, people with (or obtaining) skills

knowledge training and experience.

Supervision, instruction and information.

Specific information for workers: induction (if not covered by PC),

emergencies, risk assessment, other contractors’ activities, other

statutory provisions.

Prevent unauthorised access before work starts.

Ensure welfare facilities in place.

Bulgarian contractor hit with huge

£500K safety fine (Aug 2016)

CDM Documentation

The paperwork…

• Projects: » >30 days & 20 workers on site at same time or

» 500p/d

» Including Dom. Client

• Content:

• See Schedule 1

• No actual form

• (online submission)

https://extranet.hse.gov.uk/lfserver/external/f10

Notification (F10)

• PCI provides a basis for the preparation of the CPP

• May also be relevant to H&SF

• Defined as:

“information about the project that is already in the client’s possession or which is

reasonably obtainable by or on behalf of the client”

• Relevant to the project

• Appropriate level of detail

• Proportionate to level of H&S risk

“Preliminary information gathered at the start of the project is unlikely to be sufficient.”

CDM Documentation: PCI

Contents Examples

Project Info. Client Brief & key dates for

Construction Phase

Planning & Management

Arrangements

Resources; Time; Co-ordination

Meetings

H&S Hazards & how they will be

addressed

Existing site hazards; Design

Hazards

Any other relevant info. Exiting H&S File

CDM Documentation: PCI

• Convenient form and easily understandable

• Evolve as project progresses towards Construction Phase

• Assess for adequacy and gaps

• Commission surveys to fill any gaps

• Provide PCI to every Designer and Contractor (assisted by PD)

• Engaged; tendering; or employed on the project

Client fined for inadequate PCI

• No refurbishment and demolition survey conducted

• Two workers stripped out the AIB without any effective precautions

• Received significant exposure to asbestos fibres

• Asbestos can be found in any building built before the year 2000

• Firestone Estates Limited, fined £10,000 and were ordered to pay

£1020.64 in costs with a £1,000 victim surcharge.

April 2016

• Cable strike: two workers excavated for installation of drainage

• bucket of excavator came into contact with a 20kV underground

electric cable

• Both workers avoided injury, but was an HSE investigation

• Egger (Client) provided out of date services diagram

• Failed to update this diagram following the earlier work

• Egger (UK) Ltd fined £8000 + costs

• Today’s fines consider turnover (£); ‘risk’ (not the consequence);

increased fine for multiple people at risk: up to £3m

Client fined: out of date PCI

March 2014

CDM Documentation: CPP

• Construction Phase Plan includes:

• H&S arrangements

• Site rules

• Specific measures covering high risk work (Schedule 3)

• Information should:

• Be relevant to the project

• Sufficient detail covering above items

• Still proportionate to H&S risks

• Not Generic RAMS

Construction Phase Plan Contents

Description of project; key dates; key

members of the project team

Management Arrangements:

• the health and safety aims for the project;

• the site rules;

• arrangements to ensure co-op. and co-

ord. of work e.g. regular site meetings;

• arrangements for involving workers;

• site induction;

• welfare facilities; and

• fire and emergency procedures

Control measures for high risk activities in

Schedule 3

CDM Documentation: CPP

• Developed from the PCI

• Drawn up before

Construction Phase begins

• Client assess adequacy

• Client ensure remains “fit for

purpose”

CDM Documentation: Shc. 3 Work where…

1. risk of burial under earthfalls, engulfment in swampland or falling from a height,

aggravated by the nature of the work, processes or environment;

2. puts workers at risk from chemical or biological substances requiring health

monitoring;

3. ionizing radiation per regulation 16 of the Ionising Radiations Regulations 1999;

4. near high voltage power lines;

5. exposing workers to the risk of drowning;

6. on wells, underground earthworks and tunnels;

7. carried out by divers having a system of air supply;

8. carried out by workers in caissons with a compressed air atmosphere;

9. involving the use of explosives;

10. involving the assembly or dismantling of heavy prefabricated components.

• Contain relevant H&S information for any subsequent project » E.g. maintenance; cleaning; refurbishment or demolition

CDM Documentation: H&SF

Contents

Description of the work carried out

Residual hazards and how they are to be controlled

Key structural principles (pre/post tension; SWL of floors/roofs)

Hazardous materials used (e.g. lead paints)

How to remove/dismantle fixed plant

How to use equipment to safely clean/maintain structure

Nature, location, marking of (especially hidden) services

As-built drawings (those needed for H&S e.g. access service voids

Note:

• Only required for

projects >1 Contractor

• No C. duty to update

H&SF during use

Taster of CDM Training

CONCEPT & FEASIBILITY

DESIGN & PLANNING

TENDER / SELECTION

CONSTRUCTION COMMISSION

& HANDOVER

OPERATION

& USE

CDM 2015 & Project Life Cycle CDM

F10 & Mgt.

Arrangements

Appointments

PCI PCI

CPP

H&SF to

C H&SF

Use H&SF; Pass on

PD: Plan Manage Monitor Co-ord.

PC: Plan Manage Monitor

Co-ord.

Site HSW

ERI ERI

CDM & Procurement routes

• Client Brief = Design = Tender = Construction (lump sum)

• Optional ‘Contractor Design Portions’

• Popular Domestic Client Option Traditional

• Client’s Requirements = (Initial Design) = D&B Contractor

• D&B Contractor: Design Development (PD & PC)

• Prime Contract: D&B with established supply chain

Design & Build

• Client Brief = Design Team = Contractor (cost + fee) = sub-contractors

• Opportunity for early Contractor Involvement in Design Phase

Management Contracting

• Client + Project Team = Design + Construction often parallel

• Contractor ‘Agent’ (cost + fee); Opportunity for early involvement

• Hands-on Client; quick pace; Client ensure SKE of supply chain

Construction Management

Thresholds & Appointments

CDM 2015 All Projects >30 & > 20 /

500

Multi-

Contractor

One

Contractor

Notification

(F10)

Client

Appointments

(PD & PC)

Client

PCI &

Construction

Phase Plan

PD & PC

Client &

Contractor

H&S File

PD (or PC)

CDM & Project Management Processes

CONCEPT & FEASIBILITY

DESIGN & PLANNING

TENDER / SELECTION

CONSTRUCTION COMMISSION

& HANDOVER

OPERATION

USE/MAINT.

Brief/

Strategy

Feasibility Studies

Project Team

P.E.P.

Design Delivery

Procure Supply Chain

Contracts

Monitor Test &

Commission

Handover Doc’s

Evaluation & Feedback

Client Team

Appoint PD

H&S Objectives

H&S Risk Register/PCI

Appoint PC (if early)

PCI/H&SF

ERIC

H&S Selection Criteria

H&S Standards

Implement CPP

Handover H&SF

Monitor Use of H&SF

App. PC Develop CPP

Hazard & Risk

Work Phase(s)

Element Initial Risk Rating

Risk Owner Designer ERIC Measures Residual Risk Rating

Underground services: Explosion or Electrocution

Construction Phase 1

Under-ground

HIGH M&E Engineer

Alternative Route for new services; Utility Dwg’s made available to PC

LOW

Roof work: falls Construction Phase 2 & Maintenance

Existing Roof

MEDIUM Architect Raised height of parapet with non-penetrative retro fit edge protection

LOW

Working on live site: students & staff

Downtakings, Construction and Maintenance

General site operations

MEDIUM Engineer & Architect

Architect provided layout Dwg’s with separate access routs for contractor traffic; staff decanted from bordering offices

LOW

Connection to heating system; burns

Construction Installation MEDIUM M&E Engineer

Phased for summer when heating system can be shut off

LOW

H&S Risk Register

RED Highway Building Rail Tunnelling Energy

Use of ladders & stepladders

Designs with no provision for segregation

Specifying fragile roofs

Underground plant with no fire suppression devices

Underground designs without adequate ventilation

RAG Lists

RED

Avoid unless there is no alternative. Must be justified and

additional risk mitigation must be included in the design.

AMBER Highway Building Rail Tunnelling Energy

Specification of materials at height needing regular maintenance

Specification of blocks >20kg

Manholes in heavy used vehicle zones

Pipe / service routes crossing walkways

Scheduling works in flood-prone areas during rainy seasons

RAG Lists

AMBER

Use sparingly and carefully. Provide advice and guidance if

these elements need to be incorporated.

AMBER Highway Building Rail Tunnelling Energy

Design permanent access for regular maintenance at height

Pre-fabricate structures off-site for a one-lift installation during construction

Provide fold down lightweight signal structures

Provision of crash protection barriers (e.g. Armco, bollards)

RAG Lists

GREEN

Preferred solutions.

To book a CDM course

• Billy Hare

• B.hare@gcu.ac.uk

• 0141 331 3908