CDM2007 Overview

Philip Baker
 OUTLINE

• History
• Clients
• CDM Co-ordinator
• Designers
• Principal Contractors
• Contractors
• Transition.
 PHILIP BAKER
• Building Engineer
• Planning Supervisor
• Director APS
• Chair London Region of APS
• Member of Design NVQ Working Group
• National Committee IOSH Construction SG
• UK Representative to ISHCCO (Treasurer)
• Chair BSIF Assn of Safety Professionals.
 HSE’S KEY AIMS FOR CDM
• Integrate health and safety into project
management
• Encourage all involved to work together
• Improve project planning and management from
the very start
• Identify risks early on so that they can be
managed
• Target effort
• Discourage bureaucracy.
 SINCE CDM1994
• New ACoP (actually HSG224)
• Discussion Document
• Consultation Document (CD200)
• CONIAC Working Group established
• HS Commission meeting 17 October 06
• SI 2007 No 320 published 7 Feb 2007
• L144 published 27 February 2007.
 FATALITIES
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100 Management Regulations 92

CDM Regulations 94

80 CHSW Regulations 96

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PERIOD
Construction Industry
Range; 154 max, 59 min
© Philip Baker
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 HISTORIC POSITION
• Temporary or Mobile Construction Sites
Directive (TMCS) 92/57/EEC

• Enacted in GB as:
– Construction (Design and Management)
Regulations 1994 (management bits)
– Construction Health, Safety and Welfare
Regulations 1996 (functional bits)

• Some not enacted.

 NOW
• One set of Regulations
• Construction (Design and Management)
Regulations 2007
• Silent in some regulations about “health and
safety”
• Approved Code of Practice (ACoP) L144 by
HSE
• Guidance by industry.
 AIMS OF THE 2007 CHANGE
To improve the management of risk by:

• Simplifying Regs and improving clarity

– Not enforceable enough
• Refocusing on planning and management
• Maximising flexibility
• Strengthening co-operation & co-ordination
• Simplifying competence assessments.
 CDM2007 STRUCTURE
Five parts…
1. Introduction
2. General management duties applying to
construction projects
3. Additional duties where project is notifiable
4. Duties relating to health and safety on
construction sites
5. General.
 CDM2007 ACOP L144
• This Code has been approved by the Health and
Safety Commission, with the consent of the
Secretary of State. It gives practical advice on
how to comply with the law. If you follow the
advice you will be doing enough to comply with
the law in respect of those specific matters on
which the Code gives advice. You may use
alternative methods to those set out in the Code
in order to comply with the law.
 CDM2007 ACOP L144

• However, the Code has a special legal status. If

you are prosecuted for breach of health and
safety law, and it is proved that you did not
follow the relevant provisions of the Code, you
will need to show that you have complied with
the law in some other way or a Court will find
you at fault.
 Construction Work?
N None of the Regulations apply

LA Enforced?
Y

N Only Regulations 7 (notification)

and Regulation 13 (designers)
apply
Domestic Client?
Y

N
Y Developer Appointed?
N

Demolition?
Y All Regulations apply but
only notify if Reg 7 applies

N
Y Construction phase will be
Notifiable? All Regulations apply longer than 30 days or
involve more than 500 person days
N of work

5 or more?
Y All Regulations apply but
do not notify

N Only Regulation 13 applies

© Philip Baker
 APPLICATION
• In GB (and outside as HSWA)
• Construction work on construction sites
• Part 3 duties only where project notifiable
– Construction phase involves more than
• 30 days; or
• 500 person days,
of construction work
• Domestic Clients see Clients.
 CONSTRUCTION
• Building, civil or engineering construction including:
– the construction, alteration, conversion, fitting out,
commissioning, renovation, repair, upkeep, redecoration or other
maintenance (including cleaning with water or an abrasive at
high pressure or … chemicals), decommissioning, demolition or
dismantling of a structure;
– the preparation for an intended structure, including site
clearance, exploration, investigation (but not site survey) and
excavation and removing ‘establishment’;
– the assembly or disassembly of prefabricated elements;
– the removal of a structure or part thereof and any product or
waste resulting from demolition or dismantling;
– 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.

R2(1)
 CDM ACOP

L144
ACoP Cover Chapters for each
duty holder and
specific topics.
 DUTY HOLDERS

• Client
• Designer (anyone who
undertakes design)
• CDM Co-ordinator
• Principal Contractor
• Contractors.
 INDUSTRY GUIDANCE
www.citb-constructionskills.co.uk/cdm
 COMPETENCE
• No person shall:
– appoint a CDM Co-ordinator, Designer,
Principal Contractor or Contractor unless they
have taken reasonable steps to ensure …
– accept an appointment unless they are …
– arrange for or instruct a worker to carry out or
manage design or construction work unless
the worker is:
• competent
• under the supervision of a competent person.
 COMPETENCE

• Competence only to -
– perform any requirement; and
– avoid contravening any prohibition,
imposed on him by or under any of the
relevant statutory provisions.
 CO-OPERATION
• Everyone shall seek co-operation of others
• Everyone shall co-operate with others
• “Every person concerned in a project who
is working under the control of another
person shall report to that person anything
which he is aware is likely to endanger the
health or safety of himself or others”.
 CO-ORDINATION
• All persons … shall co-ordinate their
activities with one another in a manner
which ensures … the health and safety of
persons:
– Carrying out construction work; and
– Affected by the construction work.
 PREVENTION PRINCIPLES
(a) avoiding risks;
(b) evaluating the unavoidable risks;
(c) combating the risks at source;
(d) adapting the work to the individual;
(e) adapting to technical progress;
(f) replacing dangerous with non/less dangerous;
(g) developing prevention policy;
(h) collective/individual protection; and
(i) giving appropriate instructions.
 ‘RESOURCES’ CDM2007
• “… client shall take reasonable steps to ensure
that the arrangements made for managing the
project (including … time and other resources)
by persons with a duty … (including the client
himself) are suitable to ensure … worker and
user well-being and adequate welfare

• “… ensure that the arrangements … are

maintained and reviewed...

R9
 CLIENTS
Domestic clients are not Clients

No Agent but election

On all projects:
• Appointment of competent “persons”
• Ensure all duty holders (including Client) make
and maintain suitable arrangements for
managing projects (including resources)
• Provide information promptly.
 CLIENTS
In addition on notifiable projects:
• Appoint a CDM Co-ordinator (CDM-C)
• Appoint a Principal Contractor
• Ensure information promptly passed to CDM-C
• Additional information … including the minimum
time before the construction phase which will be
allowed to the PC for planning and preparation
• Start of construction phase (incl welfare)
• Health and Safety File.
 CDM CO-ORDINATORS
Mandatory on notifiable projects:

• Competent
• Advise and assist Client
• Notify the project
• Ensure suitable arrangements.
 CDM CO-ORDINATORS
Mandatory on notifiable (continued)

• Liaise with Principal Contractor

• Collect, collate and spread information
• Co-ordinate design work during construction
• Review, update or a prepare a HSF
• Pass HSF to Client.
 NOTIFICATION
• Construction phase includes more than 30 days or 500
person days of construction work
• As Schedule 1 which now includes
– Minimum amount of time before the construction phase which will
be allowed to the PC for planning and preparation
– Designers’ names and addresses
– Signed by or on behalf of the client or, if sent by electronic
means, shall otherwise show that he has approved it, and/or
Declaration signed by or on behalf of Client that he is aware of
his duties under the Regulations (CDM2007)
• On appointment
• On appointment of PC
– With any information not already notified.
 INFORMATION
• Identify and collect pre construction information
• Promptly provide it in a convenient form to
– Designers
– Principal Contractor
– Contractors appointed by Client
• Information flow
• No Pre Construction Phase Health and Safety
Plan.

R20(2)(a)&(b)
 HEALTH AND SAFETY FILE
• If existing Health and Safety File, CDM-C to…
– Review
– Update
• If no Health and Safety File, CDM-C to…
– Prepare one
• At end of construction phase, pass to Client.

R20(2)(e)&(f)
 NOT THE PS
• CDM Co-ordinator role is not the PS role
– CDM Co-ordinator role is very different
– CDM Co-ordinator role is more onerous

• “The role of the CDM co-ordinator is to

provide the client with a key project advisor
in respect of construction health and safety
risk management”

• There are no ‘if requested’ duties.

SKILLS MIX REQUIRED

• Design ‘professional’

• Construction ‘professional’

• Health and safety ‘professional’.

 TIMING OF APPOINTMENT
• Mandatory on notifiable projects
• “As soon as is practicable after initial design
work or other preparation for construction work
has begun”
• Appointments need to be in writing
• Client is deemed to be CDM Co-ordinator until
someone (including Client) is appointed
• Designer not to start work (other than initial
design work) until CDM Co-ordinator appointed.
 INITIAL DESIGN WORK

• “This allows the client to appraise their

project needs and objectives, including the
business case and any possible constraints
on development to enable them to decide
whether or not to proceed before appointing
the co-ordinator.”

ACoP 66 & 86
 NEW CIC CONTRACT
• Construction Industry Council (CIC)
Consultant’s Contract Scope of Service
identifies 6 stages in the definition of a
project
• Stage 2 is beyond initail design
• Scope of Services has actions for the
CDM-C in Stage 1.
 SCOPE OF SERVICES
• “Stage 1D comprises the development of the
Project Brief (Stage 1) defining the Project
objectives, business need, acceptance
criteria and Client priorities and aspirations;
the Project Brief (Stage 1) describes the
criteria, including the function, mix of uses,
scale, location, quality, cost, time, safety,
health, environment and sustainability and
value."
 SCOPE OF SERVICES

• “Stage 2D comprises the initial design to

establish the detailed brief, scope, scale,
form, and budget for the Project; the Stage
includes site studies, construction advice
and other specialist advice, the
establishment of initial design criteria and
cost estimates and the selection by the
Client of a preferred design option for
development in Stage 3D.”
 RIBA PLAN OF WORK

• RIBA Plan of Work has stages A to L

• RIBA Head of Practice has said that
the CDM-C needs to be appointed
before starting Stage C.
 RIBA PLAN OF WORK
• A = Appraisal

Identification of client's requirements and

possible constraints on development.
Preparation of studies to enable the client to
decide whether to proceed and to select
probable procurement method.
 RIBA PLAN OF WORK
• B = Strategic Briefing

Preparation of Strategic Brief by, or on behalf of,

the client confirming key requirements and
constraints.
Identification of procedures, organisational
structure and range of consultants and others to
be engaged for the project. [Identifies the
strategic brief (as CIB Guide) which becomes
the clear responsibility of the client].
 RIBA PLAN OF WORK
• C = Outline proposals

Commence development of strategic brief into

full project brief. Preparation of outline proposals
and estimate of cost. Review of procurement
route.
 APS CDM-C & DRM GUIDES

• APS have defined Initial Design as:

…“enough work to allow the Client to appraise

their business and project needs and objectives
to enable the Client or their advisors to decide
whether or not to proceed with a construction
project”.
 DESIGNERS
Prepared outside GB

On all projects:
• Competent
• Client awareness before starting work
• Avoid risks (including ‘in use’)
• Provide information.
 STRUCTURE
• any building, timber, masonry, metal or reinforced
concrete structure, railway line or siding, tramway line,
dock, harbour, inland navigation, tunnel, shaft, bridge,
viaduct, waterworks, reservoir, pipe or pipe-line, cable,
aqueduct, sewer, sewage works, gasholder, road,
airfield, sea defence works, river works, drainage works,
earthworks, lagoon, dam, wall, caisson, mast, tower,
pylon, underground tank, earth retaining structure, or
structure designed to preserve or alter any natural
feature, fixed plant and any structure similar to the
foregoing; or
• any formwork, falsework, scaffold or other structure
designed or used to provide support or means of access
during construction work.
 DESIGNERS

In addition on notifiable projects

• No progress beyond ‘initial design’ before CDM

Co-ordinator appointed

• Provide information for HSF.

 PRINCIPAL CONTRACTORS
Are contractors and so have their duties
– Cannot start site set up until have CDM-C
name

On notifiable projects (only)

• Plan, manage and monitor construction phase
– facilitating co-operation and co-ordination
– ensuring application of principles of prevention
• Liaise with the CDM-C (ongoing design).
 PRINCIPAL CONTRACTORS
On notifiable projects (only)
• Prepare a Construction Phase Plan
– before the start of the construction phase
– sufficient to ensure work carried out without harm
– identifying risks and control measures
– containing site rules

• Review, revise and refine Plan so that it

continues to be sufficient to prevent harm
• Implement Plan to prevent harm.
 PRINCIPAL CONTRACTORS
On notifiable projects (continued)

• Inform Contractors about min P&P time

• Consult Contractors about risks and methods
• Provide Contractors with information
• Direct Contractors
• Tell Contractors what is needed for HSF
• Ensure Contractors promptly provide HSF info.
 PRINCIPAL CONTRACTORS
On notifiable projects (continued)
• Ensure adequate welfare
• Draw up site rules
• Display F10 where workers can read it
• Secure site to prevent unauthorised access
• Ensure everyone has induction and training.
 ENGAGING WORKFORCE
PC shall (on notifiable projects only)

• Make and maintain arrangements for effective

co-operation between him and workforce
• Consult the workforce
• Give workers or their representatives access to
information.
 CONTRACTORS
On all projects
• Client awareness before starting work
• Plan, manage and monitor work
• Inform sub contractors about min P&P time
• Provide workers with suitable information
• Train employees
• Secure site
• Adequate welfare
• Part 4.
 CONTRACTORS
• Suitable information for workers

– Induction
– Information on risks
• from risk assessment
• created by other contractors
– Control measures
– Site rules
– Emergency procedures
– Nominated controller.
 PART 4
Contractors and anyone else controlling the way construction is carried out
26. Safe places of work
27. Good order and site security
28. Stability of structures
29. Demolition or dismantling
30. Explosives
31. Excavations
32. Cofferdams and caissons
33. Reports of inspections
34. Energy distribution
installations
35. Prevention of drowning
36. Traffic routes
37. Vehicles
38. Prevention of risk from fire etc.
39. Emergency procedures
40. Emergency routes and exits
41. Fire detection and fire-fighting
42. Fresh air
43. Temperature and weather
protection
44. Lighting
Work at Height Regulations 2005
 REGULATION 25
• (1) Every contractor carrying out construction
work shall comply with Part 4 insofar as they
affect him or any person carrying out
construction work under his control or relate to
matters within his control.

• (2) Every person (other than a contractor

carrying out construction work) who controls the
way in which any construction work is carried out
by a person at work shall comply with Part 4
insofar as they relate to matters which are within
his control.
 DEMOLITION
• Demolition or dismantling
• Regulation 29
• Written plan required before work starts
regardless of scale
• Risks to be reduced to:
– as low a level as is reasonably practicable
(ALARP), not
– so far as reasonably practicable (SFARP).
CONTRACTORS SCHEDULE 2
• Contractor ensures workers provided with:
– Sanitary conveniences
– Washing facilities
– Drinking water
– Changing rooms and lockers
– Facilities for rest
• Throughout construction phase
• Also Client to ensure they are provided.
 CONTRACTORS
In addition on notifiable projects

• No work until:
– names of CDM-C and Principal Contractor
– notice of project given to HSE (F10)
– given access to relevant parts of
Construction Phase Plan

• Provide PC with risk information.

 CONTRACTORS
In addition on notifiable projects

• Work with the PC, comply with the Plan, take

other measures where cannot comply, tell PC
where it is necessary to alter or add to Plan
• Provide PC with information about RIDDORs
• Provide PC with information about subbies
• Provide information for the HSE.
 FROM OLD TO NEW
• New regulations apply on existing projects from
6 April 2007
• Must perform new duties from 6 April 2007
• Appointment timings as CDM2007
• Assumption that PS becomes CDM Co-ordinator
and PC becomes new PC.
• Clients, CDM-C & PC to meet new competence
requirements within 12 months.
 FROM OLD TO NEW
• Cannot appoint Client’s Agent from 6 April
2007

• Existing Client’s Agent phased out:

– When appointment ends
– When project ends
– Within 5 years

• Do not need to notify HSE again.