CDM 2007 MAKING A DIFFERENCE

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CDM 2007MAKING A DIFFERENCE

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Focus

• To change attitudes

• To change behaviours

• Achieve sensible risk management

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Co-ordination:

• During the pre-construction phase

• During the Construction Phase

Information Flow:

• During the pre-construction phase

• During the construction phase

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The objective of CDM

Strategic approach to HS on project design, planning, preparation and execution

To reduce the total amount of risk which is introduced into the construction process by effective management of health and safety

Or how better cheaper projects can be procured that do not harm those who have to build and maintain them

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History

• CDM 1994 came into force on 31 March 1995– Implemented TMCS Directive– Directive recognised the particular risks created for sites

which were temporary or mobile – Identified the need to reduce risk by better coordination,

management, and cooperation.

• The CDM Regulations represented a major change in how industry managed H&S.

• For the first time the duties of clients and designers were made explicit.

• Early concerns about complexity and bureaucracy rather than focus on risk reduction - Became paper and system led

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History of the Revision

• November 2001 revision of CDM ACoP

• September 2002 Discussion Document ‘Revitalising Health and Safety in Construction’

• March 2005 HSC publish consultation document with draft combined Regulations and draft guidance

• December 2005 HSC agreed Regulations should be supported by an ACoP and Industry produced Guidance

• Implementation date April 2007

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What has been achieved (Percentage incidence rate changes against targets)

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Aim of the revision

• Simplify the regulations and improve clarity

• Maximise their flexibility

• Focus on effective planning and management of risk, not ‘The Plan’ and other paperwork

• Strengthen requirements on cooperation and coordination - encourage better integration

• Simplify competence assessment; reduce bureaucracy and raise standards

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What are the main changes?

• Main change is making explicit what is already implicit!

• CHSW and CDM combined Regulations apply to all construction work

• New trigger for appointments and preparation of the plan

• Clients duty on management arrangements

• A new dutyholder- the coordinator

• Designers to eliminate hazards; reduce risk

• Clarity in relation to competence assessment

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Structure of the Regs-

• Five parts

– Part 1: Introduction

– Part 2: General management duties applying to construction projects

– Part 3: Additional duties where projects is notifable

– Part 4: Health and Safety on Construction sites

– Part 5: General

– Schedules 1 to 4

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Structure of the Regs

• Regulations apply to all construction work

• Notification triggers appointment of duty holders and duties in Part 3 of the Regulations

– PC

– Coordinator

– File

– Preconstruction plan

• Duties remain on clients, designers, & contractors regardless of notification

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Trigger for Appointments

CDM 1994

• Enforcing authority

• Domestic Client

• Demolition

• 30 days, 500 person days

• 5 or more workers

CDM 2007

• Domestic Client

• 30 days 500 person days

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What difference do the HSE want to see

• The Regs have been revised

• A change in behaviour is needed to achieve the aims– The key objectives are

• Reduce risk• Integrate health and safety • Reduce bureaucracy • Reduce paperwork • Develop understanding and take ownership

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A Change in mind set is required

• “Pre tender health and safety plan scrapped

• Competence assessments is greatly simplified

Changes needed include stopping :

• Stop doing unhelpful DRAs

• Coordinators insisting on DRAs to check compliance

• Coordinators checking PC’s RA and method statements

• CDM policy statements

• Verification culture

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Cutting back on paper

• Does it reduce risk? Challenge for all actions.

• CDM 2007 requires 3 documents

– An F 10 Notification

– A Construction phase health and safety plan

– The Health and Safety File

• Any other paper is your choice - Information

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Risk

• CDM has been changed

– A “business as usual approach’’ with no change achieved

– Failure to take the opportunity to reduce paperwork and bureaucratic systems

– ‘Gold plating’ by advice and consultancy services beyond what is required by the regulations

– Failure for duty holders to embrace changes where their role has changed

• Change can be hard

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Client Duties why

• The Client has one of the biggest influences over the way a project is run. They have substantial influence and contractual control and their decisions and approach determine

– Time money and resources – Project team, competence, when they are appointed– Whether the team is encouraged to cooperate and work

together effectively– Whether the team have the information that they need

about the site and existing structures– The arrangements for maintaining and coordinating the

work of the team

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Expectation of Clients

• Makes them accountable for the impact they have on H&S standards

• They should make sure things are done not do them themselves

• Must provide enough time and resource to allow the project to be delivered safely

• Coordinator is their key advisor

• No duty to go to site

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What clients must do

• Engage a competent and adequately resourced team early

• Provide relevant information to team

• Ensure welfare is in place from the start

• Ensure arrangements for managing the project are suitable

• Ensure work does not start until the PC has a H & S plan

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Coordinators

• More than just a change of name

– Client advisor on competence; provision of information and adequacy of H&S plan;

– Ensure the proper coordination of the design process – safe to build, use, maintain, and demolish

– Should provide the right information to the right people at the right time

– Draw up the health and safety file

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Expectation Of Coordinators

• Are expected to adopt a positive enabling role

• Brevity and clarity is key

• They must be discouraged – from developing unproductive

paper based systems– Asking for proof from designers

such as DRA

• They do not have to approve RA or methods statements

• Advise on management arrangements not the detail

• No duty to go to site

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Who can be a Coordinator

• Anyone - so long as they fulfil competence given in ACOP

• An appointment has be made early

• The duties can be carried out by a

– Designer

– Contractor

– PC

– A Designer or full time Coordinator

• On small jobs a combined role of designer and Coordinator may have advantages

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CDM 2007 – Making A Difference Designers

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Who are Designers?

• People who prepare a design for construction work, including:– Drawings– Design details, analysis, calculations– Specifications & bills of quantities– Design & Build contractors– Statutory bodies that require features that

are not statutory requirements

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Designers

• Designs should be safe, to build, to use, to clean, to maintenance, to demolish

• Inform others of significant or unusual risks which remain

• Amount of effort put in to risk reduction should be proportionate to the risk

• Take account of relevant provisions of Workplace Regs

• Eliminate hazards and reduce risks from the start of the design process subject to other relevant design considerations

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Information

• Designers must provide information to identify and manage remaining significant risks to those that need it

• If in doubt discuss

• Achieved by brief– Notes on drawings– Written information provided with the

design– Suggested construction sequences when

not obvious

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- Records

• Competent designers eliminate hazards and reduce risks – manage the risk not the paperwork

• CDM does not require Designers to keep records

• Designer are not required to produce copious amounts of paperwork detailing hazards and risk– This is potential harmful and must be positively

discouraged– May reflect a lack of competence

• But - brief records why key decision were made will be helpful when designs are passed to another to prevent decisions being reversed

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Design Risk Assessment

• DRA is not a requirement of CDM

• Eliminate hazards & reduce risks from remaining hazards - ERIC

• Every design is different. The dynamic process of design & the proper exercise of judgement should incorporate hazard elimination & risk reduction

• Final drawings & notes will represent the “significant findings”.

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Design Review

• Consider buildability, operability, maintainability throughout the design process

• Design review should include hazard elimination & risk reduction

• Knowledge of relevant H&S risks will be required

• Don’t forget occupational health issues, where designers can also have positive impact

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Designers Summary

• Eliminate hazards– By experience – By red amber green lists – By challenging existing practice– By considering implications of their actions – By talking to contractors– By complying with the work place regs

Communicate simply outstanding hazardsDo not produce paper unless it is of value Do not worry and trivial riskEngage and take ownership

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Designing out hazard

Simple design measure to reduce risk

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Competence - Organisations:

• Stage 1: An assessment of the company’s organisation and arrangements for health and safety to determine whether these are sufficient to enable them to carry out the work safely and without risks to health

• Stage 2: An assessment of the company’s experience and track record to establish that it is capable of doing the work; it recognises its limitations and how these will be overcome and it appreciates the risks from doing the work and how these will be tackled

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Summary• Evolution, not revolution

• Achieve the next step change in industry performance

• Focus on effective planning and management of risk through integrated teams

• Real investment in competence & skills of the workforce

• Paperwork should be risk focussed and project specific;

• Actively drive out needless bureaucracy

• Provide the right information to the right people at the right time;

• Building on success

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ACOP and Industry Guidance• HSE Approved Code of Practice

• Supported by Industry produced guidance

• Web sites

– HSE

– http://www.hse.gov.uk

– SiD

– http://www.safetyindesign.org

– DBP

– http://www.dbp.org.uk

Many thanks to Andrew East of the Health & Safety

Executive for his guidance on the overview of CDM

2007

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CDM 2007CDM 2007

AA NEW OPPORTUNITY ?NEW OPPORTUNITY ?

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BACKGROUND

CDM 1994 introduced to improve H&S on constructions by:-

• Moving away from contractual responsibilities

• To legal dutyholders

• Impose framework for cooperation, communication & coordination

• Participation of all

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SUCCESS ?

Not entirely due to :-

• PS appointed too late to influence design

• Lack of competency of dutyholders eg. PS

• Lack of understanding

• Inadequate time

• Complicated procedures & paperwork

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CURRENT SITUATIONas of February 2007

• New Regulations to come into force April 2007

• Draft ACOP available now

• Actual Regulations published

• Awaiting Guidance from HSE & CONIAC

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SO WHAT’S NEW

• In certain areas – not much

• In others – more prescriptive approach

• Old regs set out what was required but not HOW to be carried out eg.

– Competency

– Cooperation

– Time periods

– When appointments to be made

Does CDM 2007 change that ?

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Amendments to other regulations

• Completely revokes CDM 1994

• Completely revokes CHSWR 1996

• Amends WHSWR so some regs now apply to construction sites

• Amends MHSWR with additional duties on self-employed (no difference from employed)

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Main changes

• Additional duties on clients

• Planning Supervisor replaced by CDM Coordinator with new duties

• Early appointment of Coordinator

• Additional duties on designers

• “Pre-construction Information” replaces Pre-tender H&S Plan

• Details of competency for designers, coordinators and contractors

• Now includes requirements for “Safe Place of Work”

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Non-notifiable Projects

• Less than 30 days or 500 person days

– Clients do not have to :

• Appoint a CDM coordinator

• Appoint a Principal Contractor

• Ensure a written H&S Plan is prepared (except for demolition work, asbestos, confined space, tandem crane lifts, live electrical equipment

– But have to

• Appoint competent persons

• These persons need coordinate & plan the works

SO…..

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Non-notifiable Projects

In effect, every construction project or building job, no matter how small, is

now a “CDM” job

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Clients Duties

(Not domestic)

• Sufficient time

• Suitable welfare

• Complies with Workplace Regulations (not just Building Regs)

• Provide information (see later)

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Designers Duties

• No design work unless client aware of his duties

• SFAISP design to avoid H&S risks– Carrying our construction work– Affected by construction work– Cleaning windows etc– Maintaining permanent fixtures & fittings– Use the structure as a place of work (eg.

movement of vehicles when building in use)

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Change of attitudes ?

Not someone else’s problem to build, clean or maintain the structure

Spells out the need for designers to consider the impact of their design on others

No meant to stifle creative design

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Additional Clients duties

• ASAIP after initial design work competent CDM Coordinator to be appointed

• ASAIP appoint a competent Principal Contractor after enough is known about the project

• Changed & renewed when required

• Accept those duties himself if they are not filled

• Appointments in writing

• Provides adequate information including minimum time before construction work starts

• Confirms H&S Plan prepared prior to start

• Confirms liaison between PC & Coordinator for ongoing design

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Additional Duties on Designers

• Must not start any design work, other than preliminary work, unless a CDM Coordinator has been appointed

• Take all reasonable steps to ensure that all relevant design related information is passed to the Coordinator

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CDM Coordinator duties

• Give advice to client as their duties

• Ensure coordination & cooperation

• Ensure appropriate risk control measures in place

• Liaise with PC re. H&S File, prep of H&S Plan, design developments etc.

• Identify & collect pre-construction information

• Ensure designers comply with their duties & cooperate with PC & each other

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CDM Coordinator duties

• Advise & help client re. competency of designers & contractors & adequacy of H&S management arrangements for project

• Produce information pack (inc. for example structural, ground & asbestos surveys)

• Coordinated design work, planning & management of H&S

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CDM Coordinator duties

• Advise client re. suitability of initial H&S Plan & to ensure adequate welfare from start

• Liaise with PC re. ongoing design

• Prepare H&S File & hand to client

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Additional Duties on Contractors & Principal Contractors

?

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Pre-construction Information

• Should be site specific

• Include relevant information– Designers buildability review– Anticipated methods of construction eg. forklift– Minimum period of mobilisation

• Should not include statements like:-– “contractors to obtain information on services”– “possible contamination”

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Pre-construction Information

The level of detail should be proportionate to the risks involved in the project.

1. Description of project:

a) project description and programme details including:– key dates (including planned start and finish of the construction

phase); and– the minimum time to be allowed between appointment of the

principal contractor and instruction to commence work on site.

b) details of client, designers, co-ordinator and other consultants;

c) whether or not the structure will be used as a place of work (in which case the design will need to take account of the relevant requirements of The Workplace (Health, Safety and Welfare) Regulations 1992 (as amended)

d) extent and location of existing records and plans.

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Pre-construction Information

2. Client's considerations and management requirements:

a) arrangements for:

– planning and managing the construction work, including any health and safety goals for the project;

– communication and liaison between client and others;

– security of the site;

– welfare provision;

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Pre-construction Information

b) requirements relating to the health and safety of the client's employees or customers, or other people involved in the project, such as:– the requirement for site hoardings– site transport arrangements or restriction on vehicle

movements– client permit-to-work systems– fire precautions– emergency procedures and means of escape– 'no-go' areas or other authorisation requirements– any areas designated as a confined space by the client– smoking and parking restrictions

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Pre-construction Information3. Environmental restrictions and existing on-site risks:

a) Safety hazards, including:

• boundaries and access, including temporary access, e.g. narrow streets, lack of parking, turning or storage space;

• any restrictions on deliveries or waste collection or storage;

• adjacent land uses, e.g. schools, railway lines or busy roads;

• existing storage of hazardous materials;

• location of existing services particularly those that are concealed - water, electricity, gas, etc.;

• ground conditions, underground structures or water courses where this might affect the safe use of plant, e.g. cranes, or the safety of groundworks;

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Pre-construction Information3. Environmental restrictions and existing on-site risks:

a) Safety hazards, including:

• information on existing structures - stability, structural form, fragile or hazardous materials, anchorage points for fall arrest systems (particularly where demolition is involved);

• previous structural modifications, including weakening or strengthening of the structure;

• fire damage, ground shrinkage, movement or poor maintenance which may have adversely affected the structure;

• any difficulties relating to plant and equipment in the premises, such as overhead gantries whose height restricts access;

• health and safety information contained in earlier design, construction or 'as-built' drawings, such as details of pre-stressed or post-tensioned structures.

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Pre-construction Information

b) Health hazards, including:– asbestos, including results of surveys

(particularly where demolition is involved);– existing storage of hazardous materials;– contaminated land, including results of

surveys;– existing structures containing hazardous

materials;– health risks arising from clients' activities.

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Pre-construction Information

4. Significant design and construction hazards:

a) significant design assumptions and suggested work methods, sequences or other control measures;

b) arrangements for co-ordination of ongoing design work and handling design changes;

c) information on significant risks identified during design;

d) materials requiring particular precautions.

5. The health and safety file:

Description of its format and any conditions relating to its content.

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Competency

• H&S Policy inc. arrangements

• Competent advice – corporate & construction related

• Training & Information

• Individual qualifications & experience

– Contractors, designers & coordinators

• Monitoring, audit & review

• Workforce involvement

• Accident reporting & investigations

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Competency

• Subcontracting/consulting procedures

• Hazard elimination & risk control (designers only)

• Risk Assessment ie. SSOW (contractors)

• C&C with other contractors

• Welfare provision

• CDM Coordinator duties

• Work experience

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Transitional Arrangements

Applies to projects started before 1/4/07

• Client appoints CDM coordinator

• Within 12 months meets competency criteria

• If not appointed then takes on duties as coordinator

• Any client’s agent can continue until revoked or after 5years

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Further detail

• HSE website

• Full text of Regulations

• Draft ACoP

• HSE Guidance – still awaited

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CDM 2007CDM 2007

AA NEW OPPORTUNITYNEW OPPORTUNITY