An overview of CDM 2016 the UK experience.

Transcription

1 An overview of CDM 2016 the UK experience. Stephen Fulwell, MA, BSc.(Hons), CFIOSH, FIIRSM, DMS, MIRM. A joint presentation for IOSH and the Northern Ireland Safety Group, Tuesday 28 th June Dunsilly Hotel, Antrim, Northern Ireland. Stephen Fulwell June

2 A joint IOSH/Northern Ireland Safety Group presentation; Introduction. CDM History and Background. The new Construction Regulations CDM 2016 in Northern Ireland. Overview of the UK experience things to watch out for. Examples of recent prosecutions and trends in construction enforcement. CDM an auditors perspective. Understanding the impact of EU Community Directives upon national legislation. Stephen Fulwell June

3 The history and background of CDM 1994/2007/2015

4 CDM 2016 (S.R No. 146) in Northern Ireland; The Construction (Design and Management) Regulations, (Northern Ireland) 2016; Effective from the 1 st August 2016 Reg.2 Scope of the definitions frequently an overlap, ie construction & structure. Reg. 5 - appoint in writing a principal contractor and principal designer. Reg. 7 - Application to domestic clients through the PC/PD. Reg.10 Design prepared outside Northern Ireland pass to the client as a duty. Reg.11 Duties of the Principal Designer in the pre-construction phase. Reg.12 Construction Phase Plan setting out H&S arrangements & as built H&S File. Reg.13 Health and safety duties of the PC in the construction phase. Reg.14 Principal contractors duty to consult and engage. Reg.15 Duties of contractors detailed including a site specific induction. Part 4 Regulations detailing specific requirements. Schedule 5 Transitional arrangement from the CDM Coordinators role. Stephen Fulwell June

5 The UK experience under CDM 2015; CDM continues to rank alongside COSHH in the level of confusion generated. Definition of construction AND structure must be considered. Confusion regarding the application of the CDM process and F.10 notification. Position of maintenance activities, contracted resources and in-house activity. The position the Quantity Surveyor control of costs, resources & materials. The role of Facilities Management in the CDM mechanism. Issues arising from the inclusion of domestic premises. Challenge of ensuring site specific RAMS and not generic documentation. Including the wider range of construction skills and duties. Removal of the CDM 2015 ACOP from the HSE publications. Construction sector remains the highest targeted activity of the HSE. Prominent prosecution levels for Work at Height(WAH) and Gas Safety. Designs prepared outside the UK for use by UK contractors pass to the client. Stephen Fulwell June

6 Construction in the UK HSE press statement; Construction represent 5% of the UK workforce but accounts for 31% of all fatalities 42 in 2014/15 and 76,000 cases of reported ill-health in 2014/15. HSE September Decision not to proceed with a CDM 2015 ACoP taken on 9 th March 2016 meeting occurred in private as it was a policy decision and ruled the case had not been made that ACoP is needed and that any further clarification to achieve compliance with CDM 2015 is addressed by industry guidance. Stephen Fulwell June

7 Director jailed for 30 months; Director of a North Wales roofing company was jailed for two and half years after he admitted the manslaughter of a untrained employee who fell through the roof of a fragile skylight at the Comet stores in Wrexham. Criminal negligence caused the death. 29 th person to be convicted with 22 receiving custodial sentences Director jailed for 6 years; The Director of a demolition company was jailed for 6 years after a worker was killed when he fell through a skylight in Stockport and a second was seriously injured in a subsequent identical event, the company was also fined 400,000. Director of a second company jailed for 8 months for the offence. Principal contractor also fined 90,000 plus 45,000 costs for WAH failures and not ensuring the construction phase was planned, managed and monitored so that it was carried out safely. 20 th January 2016 at Manchester Crown Court. Stephen Fulwell June

8 CDM 2015 An Auditors perspective; CDM roles do not always reflect the decision making process of the duty holders. Position of Facilities Management in major refurbishment activities. Interpretation of the definitions specified under CDM varied. Tool Box Talks do not reflect the incidents occurring or hazards arising. RAMS often regarded as a paperwork exercise and not the actual practice. Frequent use of generic RAMS which fail to reflect the site hazards or activities. Issue of appointing competent contractors and not the lowest tender price. Review of the project timing plan and content through to completion. Control of contractors on site often driven by the timetable not the hazards. Adherence to the Construction Phase Health and Safety Plan by the PC. Preparation of the Health and Safety File to provide as built information. Stephen Fulwell June

9 Frequent audit issues involving CDM; Construction phase plan fails to reflect the full scope of the risks involved. Time-line identifies inadequate timing between project approval and start. Public exposure and workplace vehicle movements remains a frequent issue. RAMS submitted are generic and do not reflect the site specific hazards. Adjacent and overlapping activities/hazards not effectively considered. Key roles are not effectively involved in the health and safety arrangements. Method Statement are not followed in order to save time. Coordination and communication not effectively undertaken on site. Time and cost savings take priority over health and safety requirements. Validation of competence for the task to be undertaken not verified. Tender stage still driven by cost and not recognising enforcement history. F.10 (NI.10) details incorrect and no amendment submitted. Waste Management arrangements not specified or validated. Stephen Fulwell June

10 Directive 92/57/EEC as amended 2007/30/EC -The Temporary and Mobile Construction Sites Directive; Council Directive of the 24 th June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EC). Construction(Design and Management) Regulations, 1994 SI 1994 No Construction (Health, Safety and Welfare) Regulations, 1996 SI 1996 No Construction(Design and Management) Regulations, 2007 SI 2007 No Construction (Design and Management) Regulations, 2015 SI 2015 No. 51. Federal Republic of Germany -Ordinance BaustellV of 23 rd December Republic of Ireland - SHWW (Construction) Regulations, S.I. 291 of France Decree No of the 31 st December 1993 H&S in building and civil engineering. Stephen Fulwell June

11 Directive 92/57/EEC as amended 2007/30/EC -The Temporary and Mobile Construction Sites Directive; Health Safety & Welfare etc Act, 1975 Safety Health and Welfare at Work Act, 2005 Safety and Health at Work Act, BGBI I.S Arbetsshutzgesetz, ArbSchG. United Kingdom. Construction (Design & Management) Regulations, Republic of Ireland SHWW (Construction) Regulations, S.I. 291 of Federal Republic of Germany Ordinance BaustellV 23 rd December 2004 Stephen Fulwell June