Draft Guidance on The Construction (Design and Management) Regulations 2015 For Production Managers working in places of Entertainment And for guidance is to help the authorities understand theatre management structure. Arranged by Geoffrey Joyce CMIOSH David Evans TechIOSH With indirect help from Michael Anderson at SAGE and HSE. 1
About this Guidance: This guidance outlines the legal requirements in The Construction (Design and Management) Regulations 2015 (CDM 2015) with respect to theatre stage and production management. The HSE have recently informed the entertainment world that they will now have to comply with Construction Design and Management regulations 2015 (CDM), including erection and dismantling of temporary structures. HSE acknowledge that they have not actively enforced the current CDM in the entertainment industry, but have recently been advised that a blanket policy of not enforcing regulations in a particular sector is unlawful. An HSE letter to the Joint advisory Council Entertainment (JACE) said that CDM 2015 will, like CDM 2007, apply to construction activities in the entertainment sectors. HSE has considered the JACE suggestion of a transitional period during which the entertainment sectors would be exempted from enforcement of the regulations, but this is not legally possible. HSE will however, continue to adopt its risk-based, proportionate approach to enforcement of all health and safety legislation in the industry. This approach recognises the existing management arrangements and processes already in place within the sector, to protect workers and others affected by work activities from risks to their health and safety Regulations will come into force on 6 April 2015, and this guidance is designed to help Production Managers, who among others will be responsible under the Regulations, to arrange their duties within the legal framework. Generally, much of the work conducted on theatre and events, is currently enforced by the Local Authority (through their EHOs). The enforcement authority for Construction work however is the HSE, except in a few specified circumstances. So theatre and event construction sites would most likely be inspected by HSE Construction inspectors, rather than LA EHOs. These inspectors will need to be trained to inspect theatre sites and partly the HSE by asking for our response are asking for some guidance on how they should train the inspectors This draft Guidance takes a different approach to ensuring that those engaged to carry out temporary construction work are suitable, using language which more closely reflects theatre industry practice rather than the consultation draft. The HSE point out that there are a number of key elements to securing health and safety to satisfy CDM temporary construction including: a) managing the risks to health and safety by applying the general principles of prevention; b) appointing the right people and organisations at the right time; c) making sure everyone has the information, instruction, training and supervision they need to carry out their jobs in a way that secures health and safety; d) dutyholders co-operating and communicating with each other and co-ordinating their work; and e) consulting workers and engaging with them to promote and develop effective measures to secure health, safety and welfare. 2
This correspondent agrees with these statements and would respectfully suggest that this is in line with current theatre practice. The HSE stance on CDM has altered from previous statements with regard to theatre not being classed within CDM. The larger national companies will be able to represent themselves and many of the commercial companies already comply with CDM Regulation during major fit-up in our large theatres. However, how do we advise theatres, Arts Centres, touring theatre, site specific theatre, fringe, charity performance, schools, community theatre - often where the actors are volunteers, as are all the helpers, production crew, and no 3rd parties? The HSE has to offer practical guidance to elevate these concerns, but they can only do this if we point this out to them. There is of course insurance and liability to consider. However, this guidance believes that the principle person responsible will often be the Production Manager. This may be because they are classified as the responsible person or because the responsibility has been delegated to them The guidance is subject to comment from industry specialist and as such will be subject to change. Please feel free to comment or add on any of the following Geoffrey Joyce David Evans 2/03/2015 3
Contents Introduction CDM Duty holders Who are they? Clients Silent Clients CHAIN OF RESPONSIBILITIES Designers Principal designers: Principal contractors: Production Manager Sub-Contractors SUPERVISORS Site Induction Workers (often casuals) Induction Regulators Supervision, instructions and information General principles of prevention Consulting and engaging with workers Summery Outline of the Regulation which might affect Theatre activities. Appendix Health and safety file 4
Introduction This guidance is specifically for the theatre and entertainment sector in relation to temporary structures within the requirements of the Construction (Design and Management) Regulations 2015 (CDM 2015). It should be understood that the temporary nature of any construction is during the build and there will a point,, when the CDM Regulations will expire and conventional H&S law prevail. It is not clear at the moment when that might be and indeed while it may be at the Technical for some productions, for others it may be at the First Preview and for the most complex shows scene changes may fall under CDM. Any actions required should always be proportionate to the risks in the construction project. Under CDM 2015 organisations or individuals can be one or more duty holder for a project. The different dutyholders are summarised in the table below. The table does not include all the duties, nor does it distinguish between duties that are absolute (dutyholders must comply with them), and duties that are qualified by terms such as as far as practicable or as far as is reasonably practicable CDM Duty holders A summary of roles and duties under CDM Who are they? Clients The Producer, Organisations (such as The RSC, RNT) Company or individuals for whom a construction project is carried out. Silent Clients CHAIN OF RESPONSIBILITIES As identified within theatre. Make suitable arrangements for managing a project. This includes making sure:. other principle dutyholders are appointed;. sufficient time and resources are allocated;. Making sure: relevant information is prepared and provided to other dutyholders; the principal designer and principal contractor carry out their duties; welfare facilities are provided Representing organisations such as ACE / sponsors who put monies into a project but do not take on the H&S responsibilities of that project often known as Angels in the west end. How does this affect liabilities - discuss? THEATRE BOARD, PRODUCERS, CHIEF EXECUTIVES Legal responsibility for health and safety. Must produce health and safety policy; ensure co-operation, co-ordination and communication. Make arrangements for the consultation and involvement of employees in health and safety matters. Allocate adequate resources to health and safety. Select and appoint competent production crew; allocate responsibilities for health and safety at key stages of production to competent individuals. 5
The Checklist Manifesto_1 Designers usually appointed by the Producer: are those, who as part of a business, prepare or modify designs for a theatrical set, product or system relating to the Construction work. Airline test pilots made checklist simple and to the point short enough to fit onto an index card with step by step checks for take-off, flight, landing and taxiing. But with check list in hand, pilots fly many miles without accident. When preparing or modifying designs, to eliminate, reduce or control foreseeable risks that may arise during the production: construction; and the maintenance and use of a set once it is built. Provide information to other members of the project team as reasonably practicable, to help them fulfil their duties. In large company might be the lead Draughtsperson. Principal designers: Designers Freelancers, Sole traders, Production Managers, TSM appointed by the Producer in projects involving more than one design discipline. Such as Lighting, Sound Costume Design, Wigs Props etc. usually an individual with sufficient knowledge, experience and ability to carry out the role. Plan, manage, monitor and coordinate health and safety in the preconstruction phase of a project. This includes: identifying, eliminating or controlling foreseeable risks; ensuring sub-contractors carry out their duties; Prepare and provide relevant information to other dutyholders; Liaise with the Production Manager (if they are not the PM)to help in the planning, management, monitoring and coordination of the construction phase. 6
Principal contractors: Production Manager TSM: a contractor (often freelance) appointed by the Producer or Company to coordinate the construction (build) phase of a project to a state of handover (sign off) for a performance. Production Manager Key person The Checklist Manifesto_2 To Plan, manage, monitor and coordinate the construction phase of a production to include pre-rigs, pre-prep, get in, fit up, changeovers, strikes and get-outs. This includes: liaising with the Client, Producer, and principal designer(s); preparing the construction phase plan and suitable risk assessments; organising cooperation between any sub-contractors and coordinating their work. Coordinating workers Ensure: suitable site fit-up inductions are provided;. reasonable steps are taken to skilled labour is employed;. workers are consulted and engaged in securing their health and safety; and that welfare facilities are provided. Will devise a schedule for fit ups - coordinate all activities ensures the project is adequate managed - may be known to others as the Construction phase plan: Likely to be responsible for elements or all of the pre-construction phase which falls into the Principle Designer s responsibilities. Good checklist are precise, efficient, to the point, easy to use even in the most difficult situations. They do not try to spell out everything CHAIN OF RESPONSIBILITIES PRODUCTION MANAGERS / TECHNICAL MANAGERS Ensure that risk assessment is carried out; plan, implement and monitor health and safety throughout the production. Activities include risk assessment and adoption of control measures; selection of competent crew and contractors; consultation and involvement of employees; set design and build; insurance; emergency arrangements; accident and incident reporting and investigation; liaison with local authorities; training; safe systems of work; welfare provisions; hours of work; safety preparations for fit up work and monitoring of standards. The Checklist Manifesto_3 Good Checklist are practical they cannot fly a plane but instead provide reminders of the most critical and important steps the ones that even the highly skilled professionals using them could miss. Sub-Contractors: often (freelancers) are those who do specialist work relating to the main design work: painting, rigging, welding, To plan, manage and monitor construction work under their control so that it is carried out without risks to health and safety;. For projects involving more than one contractor, coordinate their activities with others in the company. In particular, comply with directions given to them by the design team. 7
carpentry and can be either an individual or a company. SUPERVISORS, HEADS OF DEPARTMENTS & SENIOR CREW MEMBERS Workers (often casuals) are the people who work for or under the control of contractors or subcontractor on a theatre stage site Induction For single-contractor projects, prepare a construction phase plan and risk assessment. Individuals, who have experience, skills & knowledge e.g. managers, supervisors, heads of departments or certain senior crew members, delegated responsibility for applying health and safety standards throughout production. Clear lines of communication to be established with these individuals to know, understand and implement their delegated tasks to the required standard. They must: be consulted about matters which affect their health, safety and welfare; take care of their own health and safety and others who may be affected by their actions; report anything they see which is likely to endanger either their own or others health and safety; cooperate with their employer, fellow workers, contractors and other dutyholders; Apart from the regular fire, first aid, evacuation plan, should be suitably inducted for all those not familiar with the building or project. Regulators HSE have taken the theatre construction phase as theirs. Local authorities look after the public when on site. Liabilities: When there are Duty Holders and Duties there will be Liabilities so it s down to the Duty Holder to correctly discharge that duty. How and who do we protect against breach of negligence? Experienced crew Self- employed individuals Rehearsal Room/Workshop Contractors Inexperienced worker/ trainee Use safety equipment. Follow safety procedures, report accidents and incidents Organise and manage own work, carry out risk assessment of their activity, co-operate and co-ordinate with others who may be affected by work activity NB: Govt reviewing H and S rules for freelancers in 2015 Owner/ occupier of premises where work is to be carried out is responsible for providing and maintaining a safe place of work with safe access and egress. Suppliers of services and/ or equipment are responsible for provision of services or equipment in a safe condition, with trained, competent operators, risk assessment and provision of relevant information Need to take reasonable care of themselves and others who could be affected by their activities. Co- operate with employer. Will need special supervision. 8
General principles of prevention These principles are a requirement of the Management of Health and Safety at Work Regulations 1999 (MHSW) apply to all industries. The requirement to risk assessing is well known within the theatre industry and would normally form part of the safety file. They provide a framework to identify and implement measures which are necessary to control risks on a particular (show-production) project. The general principles of prevention: a) avoid risks; b) evaluate the risks which cannot be avoided; c) combat the risks at source; d) adapt the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined workrate and to reducing their effect on health; e) adapt to technical progress; f) replace the dangerous by the non-dangerous or the less dangerous; g) develop a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment; h) give collective protective measures priority over individual protective measures; and i) give appropriate instructions to employees. Therefore no significant change to theatre practice is envisaged. Cooperating, communicating and coordinating The Production Manager must coordinate their work effectively to ensure health and safety. Safety should underpin each and every production meeting. Freelancers must also communicate with each other to make sure everyone understands the risks and the measures to be put in place to control those risks. Doing this underpins compliance with most of the duties placed on particular dutyholders under CDM. This currently takes place within the framework headed by the Production Meetings Therefore no significant change to theatre practice is envisaged Supervision, instructions and information The word competency is not used in CDM 2015 therefor the level of supervision, instructions and information required will depend on the health and safety risks involved in the project and the level of skills, knowledge, training and experience of the workforce. Individual Contractors must make sure supervision is effective and suitable site inductions are provided along with other information that will be needed such as the procedures to be followed in the event of serious and imminent danger to health and safety. Most theatre personnel are experienced, have studied their craft at college or university or undertaken a skill such as the ABTT Award or at Sector Skills. 9
Therefore no significant change to theatre practice is envisaged the requirement for inductions should be noted though. Consulting and engaging with workers The HSE recommends workplaces where workers are consulted and engaged in decisions about health and safety measures are safer and healthier. Consultation about health and safety is a two-way process. It involves giving information to workers, listening to them and taking account of what they say before making decisions. For example, meetings between HOD s managers and workers could be held before work starts to discuss the work planned that day, identify all the health and safety risks and agree the appropriate control measures. CDM 2015 places a specific duty on principal contractors to consult and engage with workers. Therefore significant no change to theatre practice is envisaged The H and S responsibilities that currently apply do not change on April 6 th they remain in place. CDM 2015 merely adds a new management dimension for the construction phase. Once the Temporary construction phase has been completed under CDM, formal HASWA continues to remain current. As the Regulations below are already being observed there should be little change in moving forward and maintains the legal compliance as directed by HSE. The Work at Height Regulations 2005 LOLER PUWER Control of Asbestos Regulations 2012 Noise Electricity at work Regulations 1989 Etc. The local authority will ensure the public safety is maintained via inspection of escape / fire protection / welfare etc. --------------------------------------------------------------------------------------------------------------------------- Summery Outline of the Regulation which might affect Theatre activities. PART 1 Regulation 1 Citation and commencement The Regulations come into force on 6 April 2015 and replace CDM 2007. 10
The Regulations are subject to certain transitional provisions which recognise there will be projects that started before CDM 2015 comes into force. Regulation 2 Interpretation (1) In these Regulations the 1974 Act means the Health and Safety at Work etc. Act 1974; the 2007 Regulations means the Construction (Design and Management) Regulations 2007; the Management Regulations means the Management of Health and Safety at Work Regulations 1999; client means any person for whom a project is carried out; construction phase means the period of time beginning when construction work in a project starts and ending when construction work in that project is completed; construction phase plan means a plan drawn up under regulations 12 or 15; construction site includes any place where construction work is being carried out or to which the workers have access, but does not include a workplace within the site which is set aside for purposes other than construction work; construction work means the carrying out of any building, civil engineering or engineering construction work and includes (a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), decommissioning, demolition or dismantling of a structure; (b) N/a (c) the assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure; d) the removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure; e) N/a (possibly events) (a) prepares or modifies a design; or (b) arranges for, or instructs, any person under their control to do so, relating to a structure, or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under their control; 11
excavation includes any earthwork, trench, well, shaft, tunnel or underground working; Theatre traps loading bay means any facility for loading or unloading; Structure means a)n/a b)n/a (c) any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, and any reference to a structure includes part of a structure d) capable of being retrieved or reproduced when required; and e) N/a Regulation 3 Application in and outside Great Britain These Regulations apply (a) in Great Britain; CDM 2015 applies to all construction projects in Great Britain. Through the Health and Safety at Work etc. Act 1974 PART 2 Client duties Regulations 4 and 5 set out the client s duty to make suitable arrangements for managing a project and maintaining and reviewing them for its duration so that it is carried out in a way that manages the health and safety risks involved. These duties are explained in the table above The client has a major influence over the way a project is procured and managed. Regardless of the size of the project, the client has contractual control, appoints designers and contractors, and determines the money, time and other resources available. CDM 2015 makes the client accountable for the impact their decisions and approach they have on health, safety and welfare on the project. Making suitable arrangements for managing a project Most clients will not be experts in the construction process and for this reason they are not required to take an active role in managing the work. However, the client is required to make suitable arrangements for managing the project so that health, safety and welfare is secured. Health and safety file Under CDM 2015 a health and safety file is only required for projects involving more than one contractor. However, his guidance recommends that safety file of proportionate size is maintained through the production. 12
The Producer (client) must ensure that the principal designer, in the theatre usually the Production Manager and Stage Manager prepare a health and safety file for their project. Its purpose is to ensure that, at the end of the project information about health and safety risks are recorded for anyone carrying out subsequent work on the structure. Regulation 6 Notification Regulation 6 sets out the duty that a Producer (client) has to notify the relevant enforcing authority of certain construction projects. A number of large theatres and events projects may fall into this catorgory: (a) last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project; or (b) exceed 500 person days. Remember - the requirements of CDM 2015 apply whether or not the project is notifiable. NB: Notification does not trigger additional action by the HSE. Regulation 7 Application to domestic clients PART 3 Health and safety duties and roles Regulation 8 sets out a number of requirements on anyone working on a project with certain responsibilities. These relate to the appointment of designers and contractors, the need for cooperation between dutyholders, reporting anything that is likely to endanger health and safety and ensuring information and instruction provided is understandable. Regulation 9 Duties of designers Regulations 9 and 10 set out the duties placed on Designers. These include the duty to eliminate, reduce or control foreseeable health and safety risks through the design process such as those that may arise. Regulation 11 sets out the duties a Principal Designer has during the pre-construction phase. They include requirements to plan, manage, monitor and coordinate the work of the phase and to liaise with the Principal Contractor in providing information relevant for the planning, management and monitoring of the construction phase. Regulation 12 sets out a number of duties on either the Principal Designer or Principal Contractor for the preparation, review, revision and updating of construction phase plans and health and safety files Regulation 13 sets out the duties the Principal Contractor has during the construction phase. Their main duty is to plan, manage, monitor and coordinate the work of the phase. Other duties include making sure suitable site inductions and welfare facilities are provided. Regulation 14 places duties on the Principal Contractor to consult and engage with workers or their representatives. These duties are in addition to those in separate legislation which 13
requires employers to consult with their employees (or their representatives) on health and safety matters. Regulation 15 places duties on Contractors. The main duty is to plan, manage and monitor the work under their control. Other duties include complying with directions given to them by either the Principal Designer or Principal Contractor on sites where there is more than one contractor and preparing a construction phase plan on sites where they are the only contractor. PART 4 General requirements for all construction sites Part 4 sets out a number of provisions that relate to work carried out on the construction site, such as site security, stability explosions emergency measures, vehicle movement etc. 18. the site must be readily identifiable and if appropriate fenced off. 20. demolition or dismantling must be planned, and the arrangements written down before work begins. 25. Energy distributions systems must be suitably located, periodically checked and clearly indicated, also no work that might create a risk from underground services is to be carried out unless suitable and sufficient steps have been taken to prevent the risk. 27. Pedestrians and vehicles must not move without risks to Health and Safety being addressed. PART 5 Regulation 36 Enforcement in respect of fire. All theatres will have a fire safety strategy as part of its licence. Health and Safety File What is the health and safety file? The health and safety file is defined as a file appropriate to the characteristics of the project, containing relevant health and safety information to be taken into account during any subsequent project. The file must contain information about the current project that is likely to be needed to ensure health and safety during any subsequent work such as maintenance, cleaning, refurbishment or demolition. When preparing the health and safety file, information on the following should be considered for inclusion: a) a brief description of the work carried out; b) any hazards that have not been eliminated through the design and construction processes, and how they have been addressed (e.g. surveys or other information concerning asbestos or contaminated land); c) key structural principles (e.g. bracing, sources of substantial stored energy including pre- or post-tensioned members) and safe working loads for floors and roofs; d) hazardous materials used (e.g. lead paints and special coatings); 14
e) information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting such equipment); f) health and safety information about equipment provided for cleaning or maintaining the structure; g) the nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc; h) information and as-built drawings of the building, its plant and equipment (e.g. the means of safe access to and from service voids and fire doors). There should be enough detail to allow the likely risks to be identified and addressed by those carrying out the work and be proportionate to those risks. Glossary of acronyms and terms ACOP Approved Code of Practice AOGBO 2013 Application to Areas Outside Great Britain Order 2013 CDM 2007 Construction (Design and Management) Regulations 2007 CDM 2015 - Construction (Design and Management) Regulations 2015 HSE Health and Safety Executive HSWA Health and Safety at Work etc. Act 1974 KPI Key Performance Indicator LWIT Leadership and Worker Involvement Toolkit MHSW Management of Health and Safety at Work Regulations 1999 PAS 91 Publicly Available Specification 91 PPE Personal Protective Equipment Reasonably practicable - balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. 15
Renewable energy zone - Significant risks - not necessarily those that involve the greatest risks, but those (including health risks) that are not likely to be obvious, unusual, or likely to be difficult to manage effectively. SSIP Safety Schemes in Procurement Territorial sea - Workplace Regulations - Workplace (Health, Safety and Welfare) Regulations 1992 References 1. HSE leaflet Consulting employees on health and safety: A brief guide to the law (INDG232) - see www.hse.gov.uk/involvement/publications 2. HSE leaflet Getting specialist help with health and safety (INDG 420) - see www.hse.gsi.gov.uk/pubns/ 3. Publicly Available Specification 91, 2013: Construction related procurement - Prequalification Questionnaires (PAS 91) available from the British Standard Institute s (BSI) shop see www.shop.bsigroup.com 4. HSE Construction Information Sheet Provision of welfare facilities during construction work (CIS 59) see www.hse.gov.uk/construction/healthrisks/welfare/index.htm Further Reading ABTT Technical Standards. 16