New CDM Regulations in force - 6th April 2007

Are you aware of the new CDM Regulations?

What can WSL do?

We are here to help so if you would like further information regarding CDM please contact Ian Craig on 0113 387 4140 or email cdm@wslmail.co.uk

The CDM Regulations propose the following main changes:

NOTIFICATION:
There should only be two types of construction project: notifiable and non-notifiable.

COMPETENCE:
It is suggested that the finalized guidance will refer to industry standards to measure competence, and the HSE has commissioned research to determine good practice.

CO-OPERATION:
The various duties on all the duty holders to co-ordinate have been brought together in a single requirement for all involved in the project to co-ordinate with others to enable them to carry out their duties.

CLIENTS :
A new general duty on clients to ensure that suitable project management arrangements are in place, plus enhanced duties and responsibilities in managing the design process.

PLANNING SUPERVISOR :
This role is abolished and a new role of ‘CDM Coordinator is introduced. Clients are responsible to ensure the Coordinator’s duties are carried out and that he has adequate resources to do so. The Coordinator must be appointed before design works start, the Coordinator duties are also to assist and advise the Client in their duties.

DESIGNER:
There are more stringent requirements on competence, safety and design, co-operation and co­ordination of design work.

MOBILISATION PERIODS :
To make sure principle contractors have sufficient time to make proper preparations for work on site, the coordinator will advise them of the minimum notice allowed between appointment and commencement of work. The client and the principal contractor are to ensure adequate facilities are in place at the start of the construction phase of the project.

PRE-TENDER PLAN:
The pre-tender plan has been removed and replaced with a requirement to provide the right information to the right people to allow them to do their job throughout the project. This is called the information pack.

PRINCIPLE CONTRACTOR :
The duties remain similar to the previous regulations but with more emphasis now on safety management, welfare and competence of the team.

NON-NOTIFIABLE PROJECTS:
These are primarily non-commercial residential work and projects, which do not exceed 30 days and/or 500 man days duration (five person limit disappears).

NOTIFIABLE PROJECTS:
These are all other works (with specific exceptions as outlined within the regulations).
The primary difference between the two is that a CDM Coordinator must be appointed for Notifiable Projects.

What are the duties?

THE CLIENT:
The Client can no longer appoint a Client Agent to take over his duties.

NON-NOTIFIABLE PROJECTS:

NOTIFIABLE PROJECTS - ADDITIONAL REQUIREMENTS

THE CDM CO-ORDINATOR
Duties will include those previously carried out by the Planning Supervisor with enhancements to include:

Demonstrate that they are competent and have adequate resources for the commission (for any member of the design/construction team to take on a commission knowing that they do not have the required competence and resources is an offence under these regulations).

Advise and assist the client on arrangements for managing the project. Advise and assist the Client on appointments.

Advise and assist the Client on determining if the project is ‘notifiable’ and, if so notify the HSE.

Advise and assist the Client on the competence, capability and resources of others. (This is no longer an optional service as previous Regulations but a requirement under the new Regulations).

Provide information, co-ordination, and planning and preparations for project construction work. Work with Designers on risk reduction and health and safety management.

Advise and assist the Client on start of construction.

Deal with the design work during the construction period.

Deliver a suitable Health and Safety File to the Client at the end of the project.

THE DESIGNER
This includes Architects, Engineers, Quantity Surveyors and even Clients if they specify materials or types of design.

With the exception of Regulation 18, Designer duties apply on all projects regardless of size or status. Regulation 18. Where a project is ‘notifiable’ no Designer shall commence work (other than initial design work) unless a Coordinator has been appointed.

To show that they are competent and adequate resources for the commission.

To co-ordinate with and seek the co-operation of any other person on any other project involving construction work at the same site, or on adjacent site.

To co-ordinate their activities with one another in a manner which ensures, as far as reasonably practical, the health and safety of all persons.

No Designer shall commence work in relation to the project unless the Client is aware of his duties under the Regulations.

The duties outlined in the Regulations shall be preformed as far as is reasonably practical taking due account of their relevant design considerations.

Every Designer shall, in preparing or modifying the design, take steps to avoid risks to the health and safety of any person.

The Designer in discharging his duty shall eliminate hazards, which may give rise to risks and reduce risk from remaining hazards.

In designing any structure for use as a workplace the Designer shall take account of the provisions of the Workplace (Heath, Safety and Welfare) Regulations 1996 which relate to the design of and materials used in these structures.

The designer shall provide, so far as is reasonably practical with has design, sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist the Client, other Designers, and other Contractors to comply with their duties under these Regulations.

Where a design is prepared or modified outside Great Britain for use in construction work to which these Regulations apply the person who commissions it if he is established within Great Britain or if that person is not so established, the Client shall ensure that Regulation 11 is complied with.

The Designer shall take all reasonable steps to provide, with his design, sufficient information about aspects of the design of the structure or its construction and/or maintenance as will adequately assist the CDM Coordinator to comply with this duties under the Regulations including his duties in relation to the Health and Safety file.

THE CONTRACTOR
The CDM 2007 Regulations apply to all projects.

The Contractors duties remain similar to those under the previous Regulations but with more emphasis now on safety management and welfare. In particular, site set up and welfare must be in place from the beginning of the construction phase and must remain in place until the end of the works.

What Have WSL Done?
WSL has invested in training it’s project managers in accredited CDM Regs 2007 awareness courses. Additionally it has now NEBOSH level Health and Safety qualified managers, with a further commitment to ensure all of it's Project Managers will have this qualification by the end of 2007.

WSL has acted for and with the following clients in the last 12 months in relation to CDM Regulations: