New CDM regulations 2007

For all construction work you are required by law to make adequate arrangements to manage health and safety. Except for specified small scale works, it is likely that you will also have to comply with Construction (Design and Management) Regulations 2007.

Changes from the 1994 to the 2007 CDM Regulations

The CDM Regulations 2007 replaced those from 1994 and came into effect on the 6th April 2007.
A summary of the main changes are:

• A simplification of whether a project must be notified to the HSE.
• An increased responsibility for the client in management of the project.
• To introduce the role of CDM Co-ordinator [CDM-C] (replacing the role of Planning Supervisor under the 1994 Regulations) with more responsibilities.
• Incorporation of the requirements of the Construction (Health, Safety and Welfare) Regulations 1996 which are simultaneously revoked.
• More rigorous requirements to ensure that only competent parties are appointed.

Given below is a resume of the main duty holders and their responsibilities.

Clients

The CDM Regulations recognize that clients have a key influence on the safety of a project – consequently the 2007 Regulations place important duties on them to ensure the safety of all people involved or potentially affected by the construction project.
As the client you need to appreciate your duties including when projects are notifiable to the HSE. When the project is likely to last more than 30 working days or be over 500 person days then it will be notifiable.

A summary of your client duties for all projects includes:

• Checking the competency of all appointees (where necessary the CDM-C will assist with this)
• Ensuring there are suitable management arrangements in place for the project including welfare facilities.
• Ensuring that sufficient time and resources have been allocated at all stages of the project.
• Providing pre-construction information to designers and contractors.
  

For HSE notifiable projects in addition to complying with the above requirements you must also:

• Appoint a CDM-C (this should be at the earliest opportunity i.e. at feasibility stage).
• Appoint a Principal Contractor.
• Ensure that construction does not start unless there are suitable welfare facilities and that a suitable construction-phase plan are in place (The CDM-C will advise on this).
• Provide information relating to the Health and Safety File to the CDM-C (this is a document with important H&S information about the building or structure).
• Retain and provide access to the Health and Safety File for all who may need it
  

The CDM Co-ordinator

The CDM-C is a construction Health and Safety specialist who is appointed by the client for HSE notifiable projects.

He must undertake the following duties:

• Advise and assist the client with his duties.
• Notify the HSE.
• Co-ordinate and cooperate with other members of the team on H&S aspects of design work and ensure that there is good communication between all parties.
• Liaise with the Principal Contractor regarding on-going design.
• Identify, collect and distribute pre-construction information to those who need it. The CDM-C is likely to produce a Pre-Construction Health and Safety Plan to collate such information.
• Prepare a Health and Safety File for the project or update an existing one.
  

Designers

Designers also have CDM duties on all projects which are:

• To eliminate hazards and reduce risks during design. This should include consideration of the buildability, useability and maintainability of each element of their design.
• To provide information about remaining risks.
  

For HSE notifiable projects they must also:

• Check that the client is aware of his duties and that a CDM-C has been appointed.
• Provide any information needed for the Health and Safety File.

Contractors (including Sub-contractors)

As a contractor you may be working on a non-notifiable project or be working under the direction of a Principal Contractor for a notifiable project. The duties for all projects are to:

• Plan, manage & monitor the work.
• Check the competence of others appointed or employed.
• Train your own employees and provide information to them.
• Comply with specific requirements regarding safe management of the site (previously the Construction Regulations).
• Ensure that there are adequate welfare facilities for workers.
  

If the project is notifiable there are additional duties for contractors. These are to:

• Check that the client is aware of his duties and that a CDM-C has been appointed.
• Cooperate with the Principal Contractor in the planning and management of the work.
• Provide details to the Principal Contractor of any contractor engaged.
• Provide information needed for the Health and Safety File.
• Inform the Principal Contractor of problems with the Health and Safety Plan.
• Inform the Principal Contractor of reportable accidents, diseases and dangerous occurrences.

The Principal Contractor

If you need to act as the Principal Contractor (which only applies to HSE notifiable projects) then you will be legally responsible for the site and have a number of duties that include the requirement to:

• Plan, manage & monitor the work in liaison with any other contractors.
• Prepare, develop and implement a written plan and site rules before construction work begins.
• Give contractors relevant parts of the plan.
• Ensure suitable welfare facilities are provided and maintained throughout the construction phase.
• Check the competence of others appointed or employed.
• Ensure all workers receive site inductions and any further information and training needed for the work.
• Consult with the workers.
• Liaise with the CDM-C regarding on-going design.
• Secure the site.
  

All Parties

Everyone on the project team must also fulfil the following duties:
Check own competence.

• Cooperate and coordinate to ensure the H&S of workers and others who may be affected by the work.
• Report obvious risks.
• Comply with statutory inspection requirements and the safe management of the site (previously the Construction Regulations).
• Apply the principles of preventions when carrying out duties