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Failure to comply could result in a fine and possibly a prison sentence
The CDM Regulations are set up under The Health and Safety at Work Act 1974
The CDM Regulations apply to ALL construction work, except work done to the home of the owner occupier (other regulations will apply)
If a project is notifiable (over 30 days or 500 man shifts)You MUST appoint a CDM Coordinator
Construction is defined as;
“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) the preparation for an intended structure, including site clearance, exploration,
investigation (but not site survey) and excavation, and the clearance or preparation of the
site or structure for use or occupation at its conclusion;
(c) the assembly on site of prefabricated elements to form a structure or the disassembly on
site of 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; and
(e) the installation, commissioning, maintenance, repair or removal of mechanical, electrical,
gas, compressed air, hydraulic, telecommunications, computer or similar services which
are normally fixed within or to a structure,
The CDM Duty Holders
Client’s duty in relation to arrangements for managing projects
9.—(1) Every client shall take reasonable steps to ensure that the arrangements made for
managing the project (including the allocation of sufficient time and other resources) by persons
with a duty under these Regulations (including the client himself) are suitable to ensure that—
(a) the construction work can be carried out so far as is reasonably practicable without risk to
the health and safety of any person;
(b) the requirements of Schedule 2 are complied with; and
(c) any structure designed for use as a workplace has been designed taking account of the
provisions of the Workplace (Health, Safety and Welfare) Regulations 1992(a) which
relate to the design of, and materials used in, the structure.
(2) The client shall take reasonable steps to ensure that the arrangements referred to in paragraph
(1) are maintained and reviewed throughout the project.
If the Client does not know what to do – he should seek advice.
ON ‘NOTIFIABLE PROJECTS’ (over 30 days duration or 500 man shifts) THE CLIENT MUST ALSO MAKE SURE THAT HE:
- Appoints a ‘CDM Coordinator’ in writing (at the right time i.e. As early as possible) to advise and assist him and also to co-ordinate arrangements for Health & Safety during the design and planning phase.
- Appoints a ‘Principal Contractor’ in writing as soon as practicable to advise on buildability and maintainability and later to plan & manage the construction work
- Does not allow construction works to start until the Principal Contractor has prepared a suitable Health & Safety Management Plan and put suitable Welfare Facilities in place (as outlined in Schedule 2)
- Agrees the contents and format of the ‘Health & Safety File’ and provides the CDM Coordinator with relevant information for this document. The CDM Coordinator will ensure the ‘Health & Safety File’ is prepared, reviewed or updated (as appropriate) ready for handing over to the Client on completion of the Works. This is an important legal document
- Keeps the Health & Safety File safe and make it available to anyone who may need it in the future, and explain its purpose to them. The Client must also update it whenever necessary. When the Client disposes of an interest in the structure he must also pass on the File to those acquiring it.
WHAT HAPPENS IF THE CLIENT DOES NOT CARRY OUT THESE DUTIES?
- If the Client fails to appoint a ‘CDM Coordinator’ or ‘Principal Contractor’ he will be legally liable for their duties and will be deemed to be carrying them out
- The Client could leave himself open to potentially very expensive civil action
- The Client could face criminal prosecution by the HSE
Read the whole Construction Design and Management Regulations HERE in pdf
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General duties of CDM coordinators (summary)
90 CDM coordinators must:
(a) give suitable and sufficient advice and assistance to clients in order to help
them to comply with their duties, in particular:
(i) the duty to appoint competent designers and contractors; and
(ii) the duty to ensure that adequate arrangements are in place for
managing the project;
(b) notify HSE about the project (F10)
(c) co-ordinate design work, planning and other preparation for construction
where relevant to health and safety;
(d) identify and collect the pre-construction information and advise the client if
surveys need to be commissioned to fill significant gaps;
(e) promptly provide in a convenient form to those involved with the design of
the structure; and to every contractor (including the principal contractor)
who may be or has been appointed by the client, such parts of the preconstruction
information which are relevant to each;
(f) manage the flow of health and safety information between clients, designers
and contractors;
(g) advise the client on the suitability of the initial construction phase plan and
the arrangements made to ensure that welfare facilities are on site from the
start;
(h) produce or update a relevant, user friendly, health and safety file suitable for
future use at the end of the construction phase.
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Duties of Designers (summary)
11.—(1) No designer shall commence work in relation to a project unless any client for the
project is aware of his duties under these Regulations.
(2) The duties in paragraphs (3) and (4) shall be performed so far as is reasonably practicable,
taking due account of other relevant design considerations.
(3) Every designer shall in preparing or modifying a design which may be used in construction
work in Great Britain avoid foreseeable risks to the health and safety of any person—
(a) carrying out construction work;
(b) liable to be affected by such construction work;
(c) cleaning any window or any transparent or translucent wall, ceiling or roof in or on a
structure;
(d) maintaining the permanent fixtures and fittings of a structure; or
(e) using a structure designed as a workplace.
(4) In discharging the duty in paragraph (3), the designer shall—
(a) eliminate hazards which may give rise to risks; and
(b) reduce risks from any remaining hazards,
and in so doing shall give collective measures priority over individual measures.
(5) In designing any structure for use as a workplace the designer shall take account of the
provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 which relate to the
design of, and materials used in, the structure.
(6) The designer shall take all reasonable steps to provide with his design sufficient information
about aspects of the design of the structure or its construction or maintenance as will adequately
assist—
(a) clients;
(b) other designers; and
(c) contractors,
to comply with their duties under these Regulations.
Additional duties of Designers (summary)
18.—(1) Where a project is notifiable, no designer shall commence work (other than initial
design work) in relation to the project unless a CDM coordinator has been appointed for the
project.
(2) The designer shall take all reasonable steps to provide with his design sufficient information
about aspects of the design of the structure or its construction or maintenance as will adequately
assist the CDM coordinator to comply with his duties under these Regulations, including his
duties in relation to the health and safety file .
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Duties of the Principal Contractor (summary)
22.—(1) The principal contractor for a project shall—
(a) plan, manage and monitor the construction phase in a way which ensures that, so far as is
reasonably practicable, it is carried out without risks to health or safety
(b) Prepare and manage the Construction Phase Plan
(c) Assists in the preparation of the Health and Safety File and the CDM Coordinator
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Duties of contractors (summary)
13.—(1) No contractor shall carry out construction work in relation to a project unless any client
for the project is aware of his duties under these Regulations.
(2) Every contractor shall plan, manage and monitor construction work carried out by him or
under his control in a way which ensures that, so far as is reasonably practicable, it is carried out
without risks to health and safety.
(3) Every contractor shall ensure that any contractor whom he appoints or engages in his turn in
connection with a project is informed of the minimum amount of time which will be allowed to
him for planning and preparation before he begins construction work
(4) Every contractor shall provide every worker carrying out the construction work under his
control with any information and training which he needs for the particular work to be carried out
safely and without risk to health
If you are unsure as to your duties or need a CDM Coordinator
Mobile 07921 646 163
or
Mobile
07957 870 459
to get initial free advice from our CDM Coordinators |
