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New Construction (Design and Management Regulations 2007

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New Construction
(Design and Management
Regulations 2007
An Overview of the Draft Approved Code of Practice October 2006
Stella Saunders Architect, FaPS
CDM Planning Supervisor and Project Manager
Projects, Design and Development, Design and ConstructIon
Management
CARDIFF COUNCIL
February 2007
DIARY
17 October 2006 : Consideration of the
regulatory package by HSC
пЃ® November 2006 : Deadline for
Ministerial response on new CDM
пЃ® January 2007 : ACoP Published *
пЃ® 6 April 2007 : Regulations come into
force
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CHANGES
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The new simplified CDM Regs will
revise and bring together the existing
CDM 1994 and the Construction (Health
and Safety and Welfare) (CHSW)
Regulations of 1996 into a single
regulatory package. They will be
supported by an Approved Code of
practice (ACoP) and industryapproved guidance.
CHANGES OVERVIEW
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Client responsible for ensuring HSE F10 are
notified
New Co-ordinator role replaces the Planning
Supervisor role
Designers and Contractors to ensure that the
Co-ordinator has been appointed
Pre Tender Health and Safety Plan replaced
by �Information Pack’
5 Person limit disappears
Client Agent Role removed
CHANGES OVERVIEW
Summary of the Co-ordinators Role
пЃ® Assist and advise Clients with their duties
пЃ® Appoint Competent Designers and Contractors
пЃ® Ensure adequate arrangements for project
пЃ® Co-ordinate design work
пЃ® Prepare the Information Pack
пЃ® Advise on surveys
пЃ® Manage the flow of health and safety information
пЃ® Advise on suitability of Construction Phase Health
and Safety Plan
пЃ® Ensure Health and Safety File is prepared
CDM REGS ACoP 2007
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Contents
Definitions
Notification/Application of the Regs
Chapter 1 Clients
Chapter 2 The Co-ordinator
Chapter 3 Designers
Chapter 4 The Principal Contractor
Chapter 5 Contractors and the Self Employed
Chapter 6 Competence and Training
Chapter 7 Involving the workforce
Chapter 8 The Health and Safety File
Appendix 1 the Regs
Appendix 2 Pre Construction Pack
Appendix 3 Construction Phase Health and Safety Plan
Appendix 4 Competence
Core criteria for Demonstration of Competence
Guidance for assessing the competence of a Co-ordinator
CLIENT DUTIES
пЃ®Client
influences on projects are seen
asпЃ®: Project team
competence and time of
appointments
пЃ® Encourages cooperation between
appointees
пЃ® Provides survey
information for
site/structures
пЃ® Management and coordination of project
work
CLIENT DUTIES
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Client duties are therefore
Client must appoint a competent co-ordinator
Clients without construction expertise should rely on
co-ordinators advise
Co-ordinator must be able to rely on client’s support
Client remains responsible for duties to be discharges
even when co-ordinator appointed
Clients are designers when specifying materials
Clients are contractors if they directly manage or carry
out work
CLIENT DUTIES
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Domestic Clients are people who have work
done on their own home that does not relate
to the trade of a business, whether for profit or
not
Local Authorities may own domestic property
but they are not domestic clients. If the work
involves a business attached to a domestic
premises, such as a shop, the client is not
domestic.
Domestic Clients have no duties under CDM
2007 but….
CLIENT DUTIES
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nb : designers (and those designers employed by
contractors) still have to comply with duties under
Reg11 and Chapter 2 and 3 of the ACoP
Designers and contractors working for domestic
clients also have to manage their work and cooperate and co-ordinate and meet Schedule 2 and 3
of the CDM Regs and other Health and Safety Law
Builder Developers – often Client and Principal
Contractor and Designer on same project. In each
case builder/developer must apply duties in full to
each role assumed
CLIENT DUTIES
PFI/PPP procurement project originators are legally
the client at the start of the project and must ensure
that a co-ordinator is appointed and HSE notified
during early design/specification stage.
пЃ® Client role can pass to others (special purpose
vehicle) as design progresses. Such transfer need to
be a) clear and agreed by parties, b) be recorded c)
give authority to discharge duties
пЃ® In some circumstances it may not be immediately
obvious who is legally the client. This MUST be
resolved in early stages; taking into account who
decides what is built, who commissions, engages the
contractors etc
пЃ® Someone will always be at the head of the chain. If no
one is identified – all will be clients under the Regs
CLIENT DUTIES
What clients must do
Clients must make sure that :
пЃ® Designers are competent, resourced and appointed early enough
пЃ® Reasonable management arrangements are in plan form for
reference throughout the project to ensure construction can be
carried out reasonably safely
пЃ® Contractors have suitable welfare facilities on site from day 1
пЃ® Provide relevant information to designers/contractors
пЃ® Give notice to contractors of minimum mobilisation time onto site
from appointment date
 Clients assessment of management proposals – needs to be
made at the time – if this turns out to be inadequate or contractor
fails to implement the work properly, there will be no redress
CDM CO-ORDINATOR
The key tasks of the Co-ordinator
are :
пЃ® Be an empowered project
advisor to the Client to see
effective health and safety
management of the work
пЃ® Assist and advise client on
appointment of competent
designer/contractor
пЃ® Ensure proper co-ordination of
the design process
пЃ® Prepare the Health and Safety
File
CDM CO-ORDINATOR
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When do you appoint the Co-ordinator ?
As soon as practical after initial design work
Under Reg 20 the Co-ordinator must
пЃ® advise/assist client in their duties
пЃ® Partake in appointing competent
designers/contractors
пЃ® Ensure that adequate arrangements are in place for
managing the project
пЃ® Notify the HSE
пЃ® Co-ordinate design works planning and preparation
work for the construction relevant to Health and
Safety
CDM CO-ORDINATOR
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Co-ordinators must
Locate information needed by designers and
contractors – ie Information Pack and advise Client if
surveys need to be commissioned
Manage the flow of health and safety Information
between Clients, Designers and Contractors
Advise clients on suitablility of initial Construction
Phase Health and Safety Plan and arrangements
made to ensure that the Welfare is on site from the
start
Produce or update a user friendly Health and Safety
File at the end of the construction phase.
PRINCIPAL CONTRACTOR
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Key Duty – to properly plan, manage and co-ordinate
work during construction phase in order to ensure that
the risks are properly controlled
Written plans are requested for notifiables – but all
construction – notifiable or not – must be properly
planned and managed
What principal contractors must do
пЃ® Principal Contractors must : (Notifiable projects only)
пЃ® Satisfy themselves that the client is aware of his
duties and has appointed co-ordinator and HSE
notified before starting the work
пЃ® Make sure he is competent to do the work
PRINCIPAL CONTRACTOR
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Ensure that the Construction
Phase Health and Safety Plan is
suitable
Ensure co-operation and coordination of all subcontractors
on/off site
Ensure the CPH&S plan is
approved* before work commences
Employ only comp/res’d Designers
Prevent unauth’sed access to site
Prepare and enforce site rules
PRINCIPAL CONTRACTOR
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Copy parts of the Information Pack to sub
contractors
Liaise with Planning Supervisor/Co-ordinator,
other specialist and consultants
Provide Co-ordinator promptly with the Health
and Safety File
Ensure that workers have training ,
information and induction
Ensure workforce is consulted on health and
safety matters
Display notification
PRINCIPAL CONTRACTOR
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Planning and managing the Construction
Phase
Principal contractor must plan using the
Pre Construction Information Pack and
information from Contractors
Effort of planning must be proportionate to
risk
Principal Contractor must work with other
Contractors to identify hazards and apply
principles in Schedule 1 in Management
Regs (Appendix 7). The Principal
Contractor must also include for
supervising and monitoring the work.
High risk work must be given specialist
advise
RPINCIPAL CONTRACTOR
H + S Construction Phase Plan must be set out
пЃ® in writing
пЃ® Set out organisation
пЃ® Management
пЃ® Co-ordination
пЃ® Not to be a collection of Generic Risk Assessments or
detailed Safety Method Statements
 But could be a �agenda’ for when these have to be
prepared, or a set of initial activities with list of those
to come
пЃ® Must be focused, clear and easy for contractors and
others to understand
пЃ® Plan must be site specific including
photos/unnecessary words removed
PRINCIPAL CONTRACTOR
Implementing Construction Phase H + S Plan:
пЃ® Plan must be practical and easy to use on site.
Principal Contractor has a particular role to play in
both implementing and monitoring plan
пЃ® Monitoring arrangements need to be discussed with
Client as they are part of the management
arrangements
пЃ® Principal Contractor can give direction to any
contractor to comply with the Construction Phase Plan
under Reg 19 (9)
пЃ® The Plan needs to be routinely reviewed, revised and
refined by Principal Contractor as project develops.
Any significant changes in the Plan should be brought
to the attention of those affected
PRINCIPAL CONTRACTOR
Site Rules Reg 22 (1)d :
пЃ® Principal Contractor should include any
necessary rules for the management of
construction work in the Construction Phase
Health and Safety plan, the plan should refer to
the other documents or put detailed
arrangements in an Appendix.
Site Rules should be
пЃ® In writing
пЃ® Understandable
 Bought to everyone’s attention and enforced
пЃ® Copies of the site rules should be displayed on
site
PRINCIPAL CONTRACTOR
Site Induction, Training and Information Reg 22 :
пЃ® Site induction, training and information are vital for
health and safety. Induction must ensure that every
worker has
пЃ® Suitable induction
пЃ® Any further information or training needed for a
particular job
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Site Boundaries
Boundaries of all sites should be physically defined on
site where possible by fencing. Type of fencing should
match site/surrounding risks.
PRINCIPAL CONTRACTOR
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What Principal Contractors don’t have to
do
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Provide training (apart from induction ) for
workers that they don’t employ.
Undertake detailed supervision of contractors
work
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COMPETENCE AND TRAINING
Chapter 6 in Draft ACoP :
пЃ® Chapter 6 gives advise about assessing competence
of organisation and individuals engaged or appoint ed
in CDM be they Co-ordinators, Designers or Principal
Contractors or Contractors
пЃ® Assessments should focus on the need of the
particular project and be proportionate to the risks,
size and complexity of the works
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To be competent and organisation or individual must
have
Basic understanding of construction risks
Sufficient knowledge of specific task and risks
associated
COMPTENCE AND TRAINING
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Sufficient experience/ability to carry out the
work and recognise their limitation and take
appropriate action to prevent harm to
themselves and third parties
Competence is ongoing. It is CPD training.
Doing an assessment requires you to make
a judgement as to whether the organisation
or individual has the competence to carry out
the work safely. So long as you are
reasonable and take into account all
evidence, you will not be criticised if the
organisation you subsequently appoint fails
Assessing basic understanding will be a
touch screen test before starting on site.
Those who are new need close supervision
by an experienced person until they can
demonstrate understanding of the risks
COMPETENCE AND TRAINING
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Competence Assessment should be a 2 stage
process
Stage 1 – assessment of company,
organisation /arrangements and h+s and if
sufficient resources to carry out work safely
Stage 2 – assessment of company’s
experience and track record
(Check against Core Criteria Appendix 3 )
A Principal Contractor can be held
responsible/jointly responsible for
subcontractor not assessed by them where
work is subcontracted out in their knowledge
COMPETENCE AND TRAINING
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Organisations bidding for work should carry out a
�self-assessment’ against �core criteria’ and put
together a package of information that shows their
policy, organisation and arrangements meet these
standards in order to demonstrate competence as
part of the tender process
If a client uses an accreditation body ie CHAS they
must check that they are using Appendix 3 as a basis
for the assessment and that the assessment is robust
enough to give assurances to ensure compliance
Companies with 5 or less people may not have a
written policy. Competency may be established orally
but must use clear procedures. For smaller projects
falling below notification threshold, companies should
be asked to provide a minimum paperwork to show
that they meet core criteria
INVOLVING THE WORKFORCE
Involving Workforce is the subject
of a current HSE initiative – see
HSE Construction Industry
Advisory Committee (CONIAC)
пЃ® Involving the entire workforce in
identifying and controlling works
is crucial to reducing the high
accident rate in construction. The
workforce has first hand
experience of site conditions and
they are often the first to identify
potential problems
INVOLVING THE WORKFORCE
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Participation will be most
effective when workforce
has sufficient knowledge
and confidence to provide
information and see prompt
action being taken as a
result.
Training therefore should
include for decision making
and talking to managers
and how to prioritise issues
and present evidence
based arguments
INVOLVING THE WORKFORCE
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Providing Information :All those in control of
construction work are required to provide
workers (inc self employed) under their control
with any information that worker needs to
carry out the works without risks
Induction : It should include findings resulting
from any risk assessments, site notes and any
procedures to be followed in the event of any
working finding themselves in a position of
serious and imminent danger. Workers have a
duty to report dangerous situations. Provide
translators, diagrams for those who don’t
understand
INVOLVING THE WORKFORCE
Worker Representatives : Health and Safety
law recognises 2 types worker reps
1) trade union and
2) health and safety (consultations with
employee) Regs 1996 nominees
пЃ® Reg 8 of the Management of H + S @ Work
Regs 1999 requires employers to establish
and give effective and appropriate procedures
to deal with serious or imminent danger. It
also asks people to stop wok immediately and
go to a place of safety.
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INVOLVING THE WORKFORCE
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Co-operation and consultation Reg 24:
(Notifiable projects) principal Contractors have
a duty to make and maintain arrangements
to cause effective co-operation and
consultation between themselves,
contactors and workers
It involves a joint commitment to solving
problems and effective worker engagement
Worker engagement needs – a commitment
by managers to devoting resources and
ecourageing zero tolerance to accidents
INVOLVING THE WORKFORCE
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Implementing a range of mechanisms
Collecting the evidence that the mechanisms are
effective
Co-operation :
Arrangements must be made in writing, with regular
review/update. Need all levels of the workforce to be
involved and particular imput from them in specialised
areas of activity
All duty holders must respond positively to plans.
Principal Contractor has a duty to plan ahead and
foresee poor conditions, particularly when busy
PRE CONSTRUCTION
INFORMAITON PACK
Appendix 2 When receiving the Pre Construction
Information Pack, you should have the following :
 Description of project – including minimum
mobilisation time
 Client consideration and management requirements –
including site security, planning for and managing the
construction work
 Environmental restriction and existing on-site risks –
inc adjoining (not just adjacent) sites
пЃ® Significant design and construction hazards
пЃ® The health and safety file
HEALTH AND SAFETY FILE
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The CDM CO-ordinator has the legal liability
under the Regulations for the production of
the File and for passing it to the Client. The
CDM Co-ordinator can however delegate the
work to another organisation eg the
contractor. If they do there should be a
contract between the CDM Co-ordinator and
the Contractor setting out the requirements
with emphasis on time of submission :3
weeks after Practical Completion
HEALTH AND SAFETY FILE
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CDM Reg 17 : clients, designers, principal contractors
and contractors all have duties to fulfil on the File.
Clients must keep the file for future contractors
Principal contractors must supply information
promptly and accurately
Co-ordinators must prepare, review and amend or
add to the File as project progresses and give the File
to the client.
The File does not need : Pre Tender documents,
details of the legal contract, information on the
demolished structure or construction phase risk
assessments
OVERALL INTENTION
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These Regs are intended to focus attention of
Planning and manageing throughout
construction projects, from design concept
onwards. The aims for health and safety
considerations to be treated as an essential,
but normal part of a project’s development –
not an afterthought or bolt on extra.
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And …the Right Information to the Right
people….at the Right time…..
THANK YOU
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