Construction Design and Management Regulations 2007

Presentation by Jill Thompson JTConsulting.

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Objectives of CDM 2007 Structure of CDM 2007 The Trigger for Appointments Role of the Client under CDM 2007 Role of the Designer under CDM 2007 Competency / Co-operation and Co-ordination.

Dates and Venues: Sandford Springs Golf Club (Kingsclere, near Basingstoke) Wednesday 2nd November 2010. Warwickshire Golf & Country Club (near Warwick) Wednesday 9th November 2010.

Construction Design & Management Regulations 2007 The Objectives of CDM 2007: The Construction Design and Management Regulations 2007 came into force on 6th April 2007. Any paperwork produced should help with communication and risk management. When deciding what you need to do to comply with the regulations. particularly between designers and contractors. and can be a dangerous distraction from the real business of risk reduction and management. Safety and Welfare) Regulations 1996. The main objectives were: ► To simplify the Regulations and improve clarity. ► Focus on the effective planning and management of risk. The aim is for health and safety considerations to be treated as an essential. To maximise their flexibility. the intention was they should make it easier for duty holders to know what is expected from them. and the supporting Approved Code of Practice. is to reduce the incidence of construction accidents and ill health. combining them into one single legislative package. Paperwork which adds little to the management of risk is a waste of effort. Strengthen the requirements on co-operation and co-ordination. They are intended to focus attention on the planning and management of construction projects. to encourage better integration. but normal part of a projects development – NOT as an afterthought or “bolt-on” extra. reduce paperwork and encourage teamwork. They replaced the Construction (Design and Management) Regulations 1994 and the Construction (Health. to manage risks on site. ► Reduce bureaucracy and paperwork. Simplify competence assessment. your focus should always be on the action necessary to reduce and manage risks. ► CDM 2007 Approved Code of Practise Paragraph 4 states: The effort devoted to planning and managing health and safety should be in proportion to the risks and complexity associated with the project. They want people to focus on Planning and Management – NOT the Plan and other paperwork. reduce bureaucracy and raise standards. they emphasise the use of active management and effective risk control and discourage the use of endless paper chases and unread plans. Page 2 Jill Thompson . The principal objective of these regulations. ► Ensure people appointed are competent to do the work. so they can share problems and find solutions to them before they materialise on site. from design concept onwards. the regulations needed to work across the vast range of contractual arrangements. ► ► ► ► The Key Aims of CDM 2007: Have the right people for the right job at the right time.

Part 2: General management duties applying to all construction projects. Duties to achieve these standards are held by the contractors who actually carry out the work. Sets out additional management duties which apply to projects above the notification threshold. Part 3: Additional duties where projects are notifiable. Construction (Design and Management) Regulations 2007. As “Designers” you should be most concerned with Part’s 2 and 3 of the regulations which cover the following: Page 3 Jill Thompson . Duties are also held by those who do not do construction work themselves. including those which are not notifiable. Applies to construction work carried out on construction sites. is a must for all design office libraries. and covers physical safeguards which need to be provided to prevent danger. ISBN 978 0 7176 6223 4 This publication. Contractors must not allow work to start or continue unless the necessary safeguards are in place. These additional duties require particular appointments or particular documents which will assist with the management of Health and Safety from concept to completion. and amendments and revocations of other legislation. in my opinion. Covers general management duties which apply to all construction projects. Part 5: General. Deals with matters of interpretation and application.Construction Design & Management Regulations 2007 The Structure of CDM 2007: The Regulations are divided into 5 Parts: ► Part 1: Introduction. Part 4: Worksite health and safety requirements. transitional provisions which apply during the period when the regulations came into force. ► ► ► ► The Regulations are also supported by an Approved Code of Practice (ACoP) Managing Health and Safety in Construction. but control the way in which the work is done. Covers issues of civil liability.

Clients Duty in Relation to the Health and Safety File Regulation 18 .General Principals of Prevention Regulation 8 .Additional Duties of Designers Regulation 19 .Clients Duty in Relation to Information Regulation 11 .Additional Duties of Contractors Regulation 20 .Construction Design & Management Regulations 2007 CDM Regulations 2007 : PART 2 General Management Duties Applying to ALL Construction Projects.Co-ordination Regulation 7 .Appointments by the Client Regulation 15 .Election by Clients Regulation 9 . The Regulations are. ► ► ► ► ► ► ► ► ► Regulation 14 . The Regulations are. ► ► ► ► ► ► ► ► ► ► Regulation 4 – Competence Regulation 5 .Designs prepared outiside of Great Britain Regulation 13 .Co-operation Regulation 6 .Duties of the Principal Contractor Page 4 Jill Thompson .General Duties of CDM Co-ordinators Regulation 21 .Duties of Designers Regulation 12 .Client’s Duties in Relation to Information Regulation 16 .Client’s Duties in Relation to the Start of the Construction Phase Regulation 17 .Clients Duty in Relation to Arrangements for Managing Projects Regulation 10 .Duties of Contractors NOTE: These regulations apply whether or NOT the project is Notifiable: CDM Regulations 2007 : PART 3 Additional Duties where the Project is Notifiable.Notification of Project by the CDM Co-ordinator Regulation 22 .

but they are not domestic clients. and these Appointments have to be made in writing by the Client. such as a shop. If the work is in connection with the furtherance of a business attached to domestic premises. The Client can request the CDM Co-ordinator to review this plan for them to ensure it is adequate to allow work to start. the HSE must be notified of projects where construction work is expected to: ► Last more than 30 working days. All days on which construction work takes place count towards the period of construction work. housing associations.Construction Design & Management Regulations 2007 The Trigger for Appointments: There are two types of project under the CDM 2007. It is the type of client that matters. 50 people working for over 10 days. Interpretation: *Domestic clients are people who have work done on their own home or the home of a family member that does not relate to a trade or business. Notifiable Projects: Require the appointment of additional duty holders and duties. Holidays and weekends do not count if no construction work takes place on these days. charities. Notifiable projects and Non-notifiable projects. or ► involve more than 500 person days. landlords and other businesses may own domestic property. Notifiable projects are notifiable to the HSE by way of the F10 Notification and require the appointment of additional duty holders and the duties in Part 3 of the Regulations Notification: Except where the project is for a *domestic client. There has to be: ► ► ► ► A CDM Co-ordinator (CDM-C) A Principal Contractor A Construction Phase Plan A Health and Safety File For Notifiable projects where no CDM Co-ordinator or Principal Contractor is appointed the Client will be deemed to have taken on these roles and therefore subject to their duties The Construction Phase Plan is normally produced by the Principal Contractor and should be added to as the project progresses. Page 5 Jill Thompson . Local authorities. the client is not a domestic client. not the type of property. At the start of the works it only has to cover the immediate works. Regulation 2 -. ie.

The client should make sure things are done. they are not expected to do them themselves. Allow sufficient time and resources to allow the project to be delivered safely. and ► If they dispose of their entire interest in the structure. but the CDM-C will need the client’s support and input to be able to carry out their work effectively. Unrealistic deadlines and a failure to allocate sufficient funds are two of the largest contributors to poor control of risk on site. site investigations etc. the Client would appoint the CDM Co-ordinator who would make sure this happens. and It’s aim is to: ► Make Clients accountable for the impact they have on health and safety. The Role of the Client under CDM 2007: CDM 2007 recognises the influence that Clients can have over the health and safety of their project. The Client has a responsibility to ensure that the information in the Health and Safety File is: ► ► Kept available for inspection by any person who may need it. it is the clients responsibility to arrange for any gaps in the information to be filled. to find out how much time will be needed for the planning and preparation before work is expected to start. this is the responsibility of the CDM Co-ordinator. Provide key information to designers and contractors. ► Client Duties on ALL Projects: Client’s have a duty to: ► ► Check competence and resources of those they appoint. On Notifiable projects. should deliver the Health and Safety File to the person who acquires their interest in it and ensure that they are aware of the nature and purpose of the File. Those clients without construction expertise should rely on the CDM-C’s advice on how best to meet their duties. They should appoint and use a CDM co-ordinator to advise and co-ordinate activities on notifiable projects. ► ► Page 6 Jill Thompson . for example commissioning asbestos surveys.Construction Design & Management Regulations 2007 The Health and Safety File has to be compiled and handed over to the Client at the end of the project. Ensure that all those involved in the work co-operate and co-ordinate their activities. Clients should consult with the design team and the Principal Contractor. Revised as often as may be appropriate to incorporate any relevant new information.

Security arrangements for adjacent premises. or limited works. Ensure suitable management arrangements are in place. gas. normally via the Pre Construction Information Pack. vibration and other environmental nuisances. subject to their duties. pumping mains. electricity. it’s the Clients responsibility to arrange for any gaps in information to be filled. Ensure adequate welfare facilities are on site before the start of work. Any asbestos surveys / reports for any existing buildings involved in the proposed works. The CDM Co-ordinator has to be able to demonstrate their competence as set down in Appendix 4 of the ACoP and have a key part to play throughout the life of the project. ► Provide the CDM Co-ordinator with key information. Days or hours when works. Appoint a competent Principal Contractor to plan and manage the construction work. and to co-ordinate the arrangements for Health and Safety during the planning stage. As with all projects. This includes information such as: Any existing records and plans including any Health and Safety Files for existing structures affected by the works. The CDM Co-ordinator Should therefore. It is the CDM Co-ordinators job to advise and assist the Client with their duties. pressure systems. The type and level of checks needed depends on the work being undertaken and the risks involved. be appointed as soon as practicable after initial design work has begun. are permitted. for Notifiable projects where no CDM Co-ordinator or Principal Contractor is appointed the Client will be deemed to be the CDM Co-ordinator & / or Principal Contractor and therefore. a design for a workplace should comply with the Workplace (Health. ► As already mentioned. Page 7 Jill Thompson . Any restrictions on noise. . Any special access arrangements and segregation of workplace.) Any existing ground investigation reports relating to the site. Any site requirements from statutory bodies or adjacent owners. The CDM Co-ordinator will then ensure all who need this information will receive it. not permitted or restricted. Safety & Welfare) Regulations 1992 ► ► ► There are additional duties imposed upon a Client when the project is Notifiable and these include: ► They must Appoint a competent CDM Co-ordinator. Ensure workplaces are designed correctly. Any Client imposed site requirements such as.Construction Design & Management Regulations 2007 ► Establish a competent project team early on which fosters a culture of co-operation and integration. The Location and status (if known) of existing overhead and buried services and utilities (water. etc.

then you are a designer with duties under CDM 2007 Designers include people who prepare: • • • Drawings Design details. repair. Designers' responsibilities extend beyond the construction phase of a project. and have a key role to play in CDM2007. analysis and calculations Specifications and Bills of Quantities The design could be on paper. After the construction phase is completed the client must: ► Retain and provide access to the health and safety file and revise it with any new information. unless they are a genuine domestic client Clients have significant influence over the health and safety of construction projects Clients must Ensure that all those involved in the construction project are competent Clients must Ensure the construction team focuses on effective planning and management of risk and actively drive out wasteful bureaucracy The client must provide the right information to the right people at the right time The key advisor to clients for notifiable projects is the CDM co-ordinator Clients and CDM co-ordinators are not required to supervise construction work on site ► ► ► The Role of the Designer under CDM 2007: Designers are in a unique position to reduce the risks that arise during construction work. clean.Construction Design & Management Regulations 2007 ► Ensure the construction phase does not start unless. computer or verbal Designers Duties apply to all projects. If you design or specify building work. They also need to consider the health and safety of those who will maintain. There are suitable welfare facilities provided and A Construction phase health and safety plan is in place prior to the commencement of work on site. Client Summary: To sum up the Clients role: ► ► ► ► The Duties are on all clients. refurbish and eventually remove or demolish all or part of a structure as well as the health and safety of users of workplaces. including non-notifiable and domestic projects. Page 8 Jill Thompson .

this means making sure the Client has appointed a CDM Co-ordinator before detailed design work begins. Building Regulation requirements are not classed as designs under CDM 2007 Overseas Designers: Where the design work is undertaken by oversees designers. In the case of a Notifiable project. statutory requirements are exempted. until they are satisfied the Client are aware of their duties under the CDM Regulations. Make sure you are competent for the work you do Do you satisfy the core criteria for competency as detailed in Appendix 4 of the ACoP? You must be aware that The HSE are expecting us to provide proof of competency. the designers duties under CDM 2007 fall on: ► Person who commissions the work if in GB or ► The client for the work Designers Duties for all Projects: Designers have to: ► Ensure clients are aware of their duties A designer should not commence work on a project. particularly a Notifiable project. For example.Construction Design & Management Regulations 2007 Designers include: ► ► ► ► ► ► ► ► ► ► Architects Surveyors Civil and structural engineers Building services engineers Those specifying or purchasing materials Temporary works designers Interior fit out designers Clients who specify Design and build contractors Statutory bodies that require features that are not statutory requirements. Competency checks are something the CDM Co-ordinator would carry out on behalf of the Client ► Page 9 Jill Thompson . However.

and not just to those who request it. So far as is reasonably practicable by: • Eliminating hazards from the construction. maintenance. principal contractors and with other designers or contractors Provide the relevant information to the CDM Co-ordinator for the health and safety file Designers have to be given relevant information by the CDM co-ordinator Don’t forget to ask who the CDM-C is and ask the CDM-C for a copy of the Pre Construction Information. Avoid foreseeable risks.Construction Design & Management Regulations 2007 ► Co-ordinate your work with others as necessary to manage risk Hold regular design team meetings. The CDM-C should be contacting you as the designer asking for information for the Pre Construction Information Pack. In today’s world of emails and electronic prints it’s just as easy to issue to the whole team. if you consider risk throughout the design process you should be ok. Don’t be selective about who you issue information too. if issuing information to someone on the design team it may be useful to others. CDM 2007 does not require “zero risk” designs The Amount of effort made to eliminate hazards should be proportionate to the risk ► ► ► ► ► ► Page 10 Jill Thompson .just remember. Initial design can be considered to be no more than work within and beyond RIBA Stage C*. Safety & Welfare) Regulations 1992 when designing a workplace structure Provide information with the design to assist clients. and proposed use (workplace only) & demolition of a structure Reduce risks from any remaining hazard Give collective risk reduction measures priority over individual measures ► • • ► Take account of the Workplace (Health. In particular – inform others of significant or unusual/ “not obvious” residual risks ► Additional duties of the Designer when a project is Notifiable: ► Check that the client has appointed a CDM co-ordinator Only ‘initial’ design work is permitted until a CDM co-ordinator has been appointed. cleaning. or equivalent activities in other forms of appointment or guidance. let them decide if they need it. even if they haven’t requested it yet.. including the CDM-C. & contractors. other designers. but you should be asking who they are if you’ve not been contacted. Co-operate with the CDM co-ordinator. Risks which are not foreseeable do not need to be considered This is a strange one………. you’re not expected to have a crystal ball. Remember your duty to inform the Client of their duties. talk to other members of the design team.

This will normally apply to contractors and not to designers. Focus on reducing risk by design and making a difference. on notifiable projects. Designers can: ► Eliminate hazards • • • By experience By red amber green lists (optional) By challenging existing practice Just because that’s the way it’s been done in the past. For example. Safety and Welfare) Regulations 1992 • • Complex paper systems are not required or desirable. to those who need to know. Other members of the design team. would normally be passed to the CDM Co-ordinator for inclusion in the Pre Construction Information Pack Page 11 Jill Thompson . By talking and listening to contractors By complying with Workplace (Health.Construction Design & Management Regulations 2007 The HSE’s Expectations of Designers: According to the HSE. “not obvious” risks. ► Apply the ERIC principals Eliminate. Reduce. subcontractors and especially any specialist subcontractors. Reduce remaining risks by • Collective measures And/or • • • • Individual measures Inform others Provide relevant information to the project team: other designers. ► It is essential that designers provide clear & concise information about any residual risks of their design. the CDM coordinator. and contractors In particular: highlight significant. Principal Contractors. This has been addressed under CDM 2007 and so have the HSE’s Expectations of Designers. & those that are difficult to manage. Control The “C” stands for control. Inform. This information. The Key problems with designers under CDM 1994 was a ‘lack’ of understanding of what was expected and a proliferation of paper work that branded CDM as inefficient and ineffective. Designers seldom have control on site to reduce the risk – that is a role of the contractor. it’s not necessarily the safest or best way. Good designers have always eliminated hazards.

Designers Information : ► Provide the right information to the right people at the right time There is no “right or wrong” way for designers to provide information to others. The important thing is that the information gets to those who need it. Designers under CDM 2007 are not legally required to keep records of the design process.NOT to feed a system with paper. If they are done it is because they are of benefit to the design process. and will require more effort than others.Construction Design & Management Regulations 2007 Be careful not to overload with trivial & obvious risk information. to prevent decisions being reversed for the wrong reasons Page 12 Jill Thompson . If in doubt – discuss it • • • The information should be project specific. ► Eliminate hazards and reduce risks – manage the risk. The objective of CDM is to reduce risk on site . If you are not sure of what may be relevant then you should discuss it with the contractors and ask what is relevant to them. Particularly the non-obvious risks. and concentrate on the significant risks. How to inform: Methods of providing information is optional. Some risks may be difficult to manage. Brief records of why key decisions were made will be helpful when designs are passed to another. these should be identified. Designers Paperwork : The message from HSE is they don’t expect designer risk assessments to be done. However. Designer risk assessments should not be done simply to satisfy the CDM co-ordinator or Inspectors. ► Don’t produce copious amounts of paperwork detailing generic hazards and risks The HSE don’t want paper kept for them. and to whom it is being addressed. not paperwork. Others need to know about any risks likely to arise from the design that will affect their work. they want designers to reduce risk. • Notes on drawings Notes on drawings are good. but will the person who will end up using the drawing be able to understand them in that format? Written information with the design Suggested sequence of construction (only if not obvious) Providing a sequence of construction may assist others. It will depend upon what the information is.

except where the design requires a particular construction sequence Exercise a health and safety management function over contractors or others Have to consider trivial risks ► ► ► ► Designers . not the paperwork ► Design for the safety and health for those that build.Key Messages: If you design or specify building work. Involve the CDM co-ordinator if project is notifiable ► Designers “Do Not: ► Have to control risk on site . then you are a designer with new duties under CDM 2007 ► Competent designers eliminate hazards and reduce risks manage the risk. use. but also that issues of health and safety are addressed and resolved at the design stage. Designers should involve the contractor when reviewing buildability ► And should ► Involve the client (or building operators) when reviewing usability and maintainability This should help to ensure that the the client gets what is required. It should allow the design team to critically analyse the design to ensure that it is suitable. maintain and demolish it’s safer by design ► Tell others about significant risks which remain give the right information to the right people at the right time Page 13 Jill Thompson . usability.they can only influence what is within their control Design for possible future uses of structures that cannot reasonably be anticipated from their design brief Specify construction methods.Construction Design & Management Regulations 2007 Designers Design Review : Don’t confuse Design Risk Assessments with a Design Review. & maintainability It should allow the design team to critically analyse the design to ensure that it is suitable. A Design Review is a process of co-ordination. ► A design review will help to ensure buildability.

What is Competence? The definition of Competence according to The ACoP is: To be competent. Arrange for or instruct a worker to carry out or manage design or construction work unless the worker is….. Designer. Appendix 4 and Appendix 5 of the ACoP detail criteria for demonstration of competence. or Under the supervision of a competent person. an organisation or individual must have: ► Sufficient knowledge of the specific tasks to be undertaken and the risks which the work will entail. ► ► Competent.Construction Design & Management Regulations 2007 Competency / Co-operation and Co-ordination Competence: Levels of Competence: – 2 levels of competence have been identified: Normal Projects. or those affected by the work Competence – What does CDM 2007 Require?: Regulation 4(1) states that No person shall: ► Appoint a CDM Co-ordinator. to recognise their limitations and take appropriate action in order to prevent harm to those carrying out construction work. Principal Contractor or Contractor unless they have taken reasonable steps to ensure…. or ones with high or unusual risks. and ► Sufficient experience and ability to carry out their duties in relation to the project. NOTE: The Core Criteria is set out in the CDM 2007 ACoP Appendix 4 and was agreed between industry & the HSE Page 14 Jill Thompson . Larger or more complex projects. Accept an appointment unless they are….

Safety and Welfare) Regulations 1992 Identify significant remaining risks Inform contractors Co-operate and co-ordinate with the Principal CContractor Co-operation and Co-ordination: What does this mean as far as the regulations are concerned? The ACoP Refers to Co-operation & Co-ordination as the: ► ► Key to the successful management of construction health and safety. experience and ability? What evidence will we provide to demonstrate that we are competent? NOTE: The HSE are expecting us to supply evidence of our competency to Clients.Construction Design & Management Regulations 2007 Key Questions: ► “Are we capable of taking on this commission?”: What knowledge. experience and ability are required?. ► So what does this mean for Designers? ► A more managed approach will be necessary for larger projects: There will need to be ► An integrated team involving designers. principal contractor and other relevant contractors Page 15 Jill Thompson . Recommends early appointment of those involved with design to make a full contribution to risk reduction during the planning stage. Individual Competency of Designers Designers must be able to : ► ► ► ► ► Identify hazards. understand how they can be eliminated. and address residual risk Design in accordance with the Workplace (Health. Only meaningful if members of the project team are appointed early enough to allow them to contribute to risk reduction. Have we got that knowledge.

Further Reading: Managing Health and Safety in Construction.Construction Design & Management Regulations 2007 There will probably be the need to ► Appoint a lead designer. where many designers are involved This would normally be the Architect. Construction (Design and Management) Regulations 2007.htm Page 16 Jill Thompson ISBN 978 0 7176 6223 4 Design Risk Management Advice for designers on the implications of the Construction (Design and Management) Regulations Association for Project Safety RIBA Publishing ISBN 978 1 85946 275 1 CDM2007 – Workplace “in use” guidance for designers CIRIA publication C663 ISBN 978 0 86017 663 3 CDM2007 – Construction work sector guidance for designers CIRIA publication C662 ISBN 978 0 86017 662 6 http://www.hse. but on larger projects it could be the Project Manager that takes on this http://www. and others for the review of developing designs ► ► Site visits should be encouraged. so you can see how risks are managed on site and vice versa. Agree a common approach to risk reduction during design throughout the design team Hold regular meetings of the design team (including the CDM co-ordinator) with contractors.

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