CDM2007. Association of Drainage Authorities ANNUAL CONFERENCE Construction (Design and Management) Regulations 2007

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1 Association of Drainage Authorities ANNUAL CONFERENCE 2007 Conference Workshop - Update on Health and Safety CDM2007 Construction (Design and Management) Regulations 2007 Brian Neale CEng FICE FIStructE Hon FIDE Wednesday 31 October 2007 East of England Showground Peterborough

2 Construction (Design & Management) Regulations 1994 The key issues for this short introduction: The background to the new regulations The objectives of CDM 2007 What changes HSE will be encouraging the industry to undertake The changes in attitude that are needed by all to effect that change Sources of additional information

3 Construction (Design & Management) Regulations 1994 CDM 94 What was perceived as being wrong with the old regulations? Too much reliance on protective documentation, often see by HSE as being useless Focus not always on the right areas of risk Clients not always committed Planning supervisors not always sufficiently active Concerns about competence and its assessment

4 Construction (Design & Management) Regulations 1994 CDM 94 why change? Concerns from industry and HSE that CDM 94 was not delivering the improvements in health and safety that were expected of it Slow acceptance, particularly amongst clients and designers Effective planning, management, communications and co-ordination less than expected Competence of organisations and individuals slow to improve Defensive verification approach adopted by many led to complexity and bureaucracy

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6 CDM 2007 Don t forget the context, e.g. Includes: Health and Safety at Work etc Act 1974 Management of Health at Safety at Work Regulations 1999 Construction (Design and Management) Regulations 2007 Construction (Health, Safety and Welfare) Regulations 1996) Further regulations include: Provision and Use of Work Equipment Regulations Lifting Operations and Lifting Equipment Regulations Reporting of Injuries, Diseases and Dangerous Occurrences Regulations Work at Height Regulations 2005 Many others e.g. for Asbestos, Confined spaces, etc

7 CDM Setting the scene The objectives Simplify the regulations and improve clarity Maximise their flexibility Focus on planning and management not The Plan and other paperwork Strengthen requirements on co-operation and coordination encourage better integration Simplify competence assessment reduce bureaucracy and raise standards

8 CDM Setting the scene Overview CDM should be regarded as part of normal management If you plan a project thoroughly it will be delivered much better If a project is safe and easy to build it will run much better If post-construction activities (cleaning, maintaining, repairing, refurbishing etc) are considered at the design stage, whole-life thinking will be encouraged So CDM activity as part of normal management activity should deliver projects better and more reliably and safer, both during construction and later on! PS Don t forget health issues

9 The regulations Introducing the structure of the regulations

10 CDM2007 Introducing The structure of the regulations Five parts Part 1: Introduction Part 2: General management duties applying to all construction projects Part 3: Additional duties where projects are notifiable Part 4: Worksite health and safety requirements Part 5: General [Legalities for transition] Schedules: 1. Notification details 2. Site welfare facilities 3. Particulars to be recorded after an inspection 4,5 Regulations which are amended Supported by

11 CDM Introducing Trigger for Appointments Notifiable construction work under CDM 2007 are construction projects with a: Non-domestic client and involve Construction work lasting longer than 30 days or Construction work involving 500 person days Note Trigger under CDM 94 had been more complex

12 CDM Setting the scene What are the key features of the new regs? Client s role made more central and no client s rep any more No planning supervisor any more but replaced by a CDM coordinator (CDM-C) Construction (HS+W) Regs imported (and superseded); affects Contractors (and designers who should understand construction requirements) In-use hazards to be considered A Notifiable Project is now one which lasts more than 30 days or involves more than 500 person-days. Assessment of resources : Clients are required to ensure that there are sufficient resources (but no further mention - hence been quietly played down?)

13 CDM2007 Key messages Industry and HSE have worked in partnership to revise and simply the CDM Regulations and combine them with the CHSW Regulations The new regulations apply if you are involved in construction and will help you to improve health and safety in the industry The aims of the new regulations are to have the right people for the right job at the right time to manage risks on site, reduce paperwork and encourage teamwork Focus on effective planning and managing risk

14 CDM2007 Key messages Regulations apply to all construction work Notification triggers appointment of additional duty holders and duties in Part 3 of the Regulations Principal contractor (PC) CDM co-ordinator (role of planning supervisor under CDM 94 has been removed) Notification to HSE (F10 Form) Construction phase plan (requirement for pre-construction plan under CDM 94 removed) Health and safety file Most duties remain on clients, designers & contractors regardless of notification Greater clarity in relation to competence assessment and new competence criteria in the ACoP

15 CDM2007 HSE s stated expectations on the construction industry: A change in attitude is needed to deliver the much needed improvements in construction health and safety A business as usual approach is not acceptable Industry needs to take ownership of the management of health and safety risks, show leadership and work in partnership Focus on effective planning and managing risk Ensure people are competent Reduce bureaucracy & paperwork

16 CDM Introducing Duty holders Client CDM coordinator (or CDM-C ) Designers Principal contractor Contractors Note that all duty-holders are required to check their own competence, cooperate and coordinate and report obvious risks (also to apply the general principles of prevention and run sites safely )

17 Construction (Design and Management) Regulations 2007 Levels of Guidance (Regulations) Approved Code of Practice Duty Holders Guidance ACoP e.g. for Designers Industry Sectors Guidance Industry Trades (Maybe)

18 HSE s approach to enforcement In 2007, including for CDM2007 Encourage Industry to take responsibility Intervene Early Engage Stakeholders Revising Reg framework, etc. Question -What are we achieving? Genuinely work in partnership not just policing CI for Construction 25 th September 2007

19 Of interest? maybe, before finishing CDM Also -Forensic Engineering Conference in 2008

20 CDM2007 Are you here?

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22 Construction (Design & Management) Regulations 1994 The key issues for this short introduction: The background to the new regulations The objectives of CDM 2007 What changes HSE will be encouraging the industry to undertake The changes in attitude that are needed by all to effect that change Sources of additional information -Thank you for your attention -