CDM
Vol. 1, Issue 20 (Jun 03) COSHH Revisited
We have issued an update “NEWS-BRIEF” on the “Control of Substances Hazardous to Health Regulations”, in an earlier edition of our NEWS BRIEF. The regulations have been updated again in December 2002 with some changes in requirements. It is now cited as the fourth edition.
The re-issued Approved Code of Practice now concentrates on methods of complying with goal-setting, regulations.
The regulations contain the provisions of three sets of earlier regulations – all now revoked.
Appendix three of the ACOP and Guidance now covers the control of substances that cause occupational asthma. Under this section in the ACOP, is further guidance and information to back-up the body of the revised requirements.
There is also now a section on “Fit testing of face pieces”. This covers the scope of issuing suitable face masks (respiratory protective equipment – RPE) and the requirement to ensure that these masks provide a good seal to the user.
This is achieved by the user being clean shaven, the RPE of the correct size and shape to fit the face of the user.
To ensure that it is compatible with other personal protective equipment, such as eye protection, hearing and head protection.
Employers should also provide certain facilities for washing, changing, eating and drinking etc for hygiene purposes.
This may be via co-operation and co-ordination with others in the workplace or by the provisions of suitable mobile welfare equipment.
The use of the unmarked (markings include CE marks and/or manufactured to EN491 2001) face masks (RPE) must be discontinued. These type of masks are general available at local DIY stores, they must now be considered to be ineffective in the workplace.
Basic Regulation list.
Regulation 6 Assessment if the risk is to health created by work involving substances hazardous to health.
Regulation 7 Prevention or control of exposure to substances hazardous to health.
Regulation 8 Use of control measures.
Regulation 9 maintenance examination and testing of control measures.
Regulation 10 monitoring exposure at the workplace.
Regulation 11 health surveillance
Regulation 12 information, instruction and training for persons who may be exposed to substances hazardous to health.
Regulation 13 Arrangements to be in place to deal with accidents, incidents and emergencies.
The regulations do not take into account working with lead or asbestos, these both have separate requirements.
Substances which are capable of producing effects on health as a result of their explosive and/or flammable properties are not covered. They are subject to the requirements of the “Dangerous Substances and Explosive Atmospheres Regulations 2002″ (DSEAR).
Freebies on the web.
Due to several requests to provide help, guidance and assistance to many existing and new clients, we have now increased our presence on the web.
We have now produced a number of selected documents that can be down- loaded free from the web.
They include: -
Numbers of pro-forma assessments such as;
- PAT testing.
- Manual handling.
- Fire.
- Lifting operations.
- Display Screen equipment.
- Young Persons.
- Shift workers.
Information on:
- CDM “Construction (Design and Management) Regulations”.
- A copy of an F10 notification.
- The general requirements of the “Construction (Health, Safety and Welfare) Regulations”.
- Guidance on HAVS – hand arm vibration syndrome.
A copy of proposed draft regulations for “Working at Height”.
Vol. 1, Issue 1 (Apr 98) Construction (Design and Management) Regulations 1994
CDM Regulations 1994. During the first year these regulations were in place (Apr’95 till Mar’96) the HSE served many prosecutions, prohibition and improvement notices.
Prosecutions and Fines.
An architect’s office was prosecuted for failing to inform their client that they (the client) had duties under the regulations. They pleaded guilty and were fined £500.
A principal contractor was prosecuted and fined £2000 for failing to produce an adequate health and safety plan.
Another case related to a client RP (name withheld) who was prosecuted and fined £2500 plus £600 court costs, for failure to appoint a planning supervisor. In the same case another company were fined over £1000 plus costs for failing to ensure the
safety of their employees.
A sole trader, a designer was fined £3000 as they had failed to ensure the design contained adequate information about health and safety.
Other cases include:-
A client who failed to appoint competent persons, and allowed the construction phase to begin without an adequate health and safety plan. Fines totalled more than £3000.
When do the regulations apply?
The CDM Regulations apply to most common construction projects. There are some circumstances where they do not apply.
What are some of the client and client’s duties?
Whether you are a client or clients’ agent you have the following duties.
- Appoint a planning supervisor.
Construction (Design and Management) Regulations (CDM)
Construction (Design and Management) Regulations 1994 and 2000 were revoked along with the “Construction (Health, Safety and Welfare) Regulations”. They are now combined into one set of regulations under the title “Construction (Design and Management) Regulations 2007.
The Regulations require a Principal Contractor and a CDM Co-ordinator to be appointed, but only if a project is notifiable.
A project is notifiable if it lasts more than 30 working days or involve more than 500 person days, for examples 50 people working over ten days.
A formal Health and Safety Plan has to be prepared by the CDM Co-ordinator and the Principal Contractor prior to construction work commencing on site.
Document links:
Health and Safety Plan (Microsoft Word .doc)
CDM Pre Construction Information (Microsoft Word .doc)
The Client remains responsible for ensuring that client duties are met. Clients must ensure that Designers, Contractors and others are competent. Clients must allow sufficient mobilisation time for contractors to plan and prepare for the works.
For notifiable projects the ‘Lead Designer’ may be appointed as CDM Co-ordinator but duties are wider than just design co-ordination
Clients must ensure that arrangements for managing the project are suitable to ensure construction work can be carried out without risk to safety of any person. The client can no longer delegate or ‘contract out’ of their legal duties by appointing a Clients Agent. This loophole has now been closed and avoids the confusion over criminal liability in relation to CDM duties i.e. the liability will rest with the client.
Clients should make periodic checks through the life of the project. For non-notifiable projects only simple checks are required, these simple checks are:-
- Protection for workers
- Welfare facilities in place
- Co-operation and communication – designer/contractor.
The client / CDM Co-ordinator has to go to the construction site; they will have to ask and may have to prove by documentation, asking for access to copies of site reviews, audits or access to minutes of meetings.
Clients must provide H&S information as part of the tendering process. Clients should carry out necessary surveys in advance i.e. brown field site / asbestos location or access registers / structural condition reports etc. Information provided should be sufficient to ensure that significant risks can be planned for.
If a client does not make appointments they become legally liable for CDM C and PC duties.
The CDM Co-ordinators Duties. A new duty holder has been introduced. CDM co-ordinator is a project advisor in respect of safety risk management. The CDM 1994 Planning Supervisor role ceases to exist. The new CDM Co-ordinator has a less ambiguous role than the old Planning Supervisor. One of these duties is to advise on the competence of appointees to the construction project.
Competence is now more clearly defined in the ACOP and more prescriptive. Nothing more than initial design work should be done before a CDM Co-ordinator is appointed. They should give advice and assistance to clients. They should manage the flow of safety information between clients’ designers and contractors.
Document link: Competence (Microsoft Word .doc)
They should provide designers with pre-construction information. CDM co-ordinator has a continuing role during the construction phase. They should pay attention when unforeseen problems are encountered on site – design changes etc. They must ensure that the designs of temporary works are compatible and permanent works can support temporary works.
The Designers Duties. Identify and eliminate hazards and reduce risks from hazards where elimination is not possible. Consider safety of those who will maintain, repair, clean, refurbish and demolish the structure. This duty applies to concept design as well as feasibility studies.
Designers to weigh factors and reach reasoned professional decisions. The greater the risk the greater the weight to eliminating or reducing it. The first thing designers need to do is eliminate hazards. Eliminating hazards removes the associated risk, reducing the overall risk to an acceptable level. Providing generic risk information is not acceptable. Designers are not legally required to keep records of the process but it can be useful.
Significant risks are those that:-
- Are not likely to be obvious to a contractor.
- Unusual.
- Difficult to manage.
- Information should be brief and in a form suitable for users.
- Noted on drawings.
- Written information.
- Suggested construction sequences.
There is a new duty on designers to ensure that any workplace they design complies with the relevant sections of the “Workplace (Health Safety and Welfare) Regulations 1992″. A designer needs to ensure that common parts of the structure are accessible and can be cleaned and maintained safely.
The PC Duties. Must plan manage and co-ordinate work during the construction phase. They must have adequately resourced competent site management. Provide suitable welfare facilities. Prevent unauthorised access to site, hoarding or controlled access could be considered. Enforce site rules. All workers must have safety induction information and training. They must take the lead and encourage co-operation and co-ordination between contractors. Provide timely communication of activities. Prepare the Construction Phase Plan; generic plans will not satisfy regulations. Address later activities that will require careful planning. Monitor the requirements to ensure issues addressed in the plan are appropriate and followed in practice.
Competence. This is a big change under the new CDM 2007 regime and a new prescriptive approach has been adopted. Competence is now a 2 stage process for all the main duty holders. Each duty holder has to satisfy core criteria and competence is measured by:-
- Task knowledge.
- Safety knowledge.
- Experience and ability.
Demolition. Under CDM 2007 demolition does not trigger appointment of a CDM Co-ordinator but a written plan is required for all demolition work. This would be completed by the Principal Contractor. If the demolition project is notifiable then a CDM Co-ordinator would have be appointed.
Downloads:
Competence (Microsoft Word .doc)
Health and Safety Plan (Microsoft Word .doc)
CDM Pre Construction Information (Microsoft Word .doc)
Training
We can provide selected training for various needs including, but not limited to:-
- Noise in the workplace,
- Manual handling,
- Control of Substances Hazardous to Health,
- Material safety data sheets,
- Accident prevention,
- Confined space working,
- Health and safety awareness,
- Use and selection of personal protective equipment,
- Legionella – legionnaires disease,
- Asbestos awareness for management and operatives.
- Mobile towers – safe erection, use and dismantling,
- Risk assessment awareness,
- Ladders and their safe use,
- Construction (Design and Management) training such as the role of the CDM co-ordinator, the duties and obligations of the principal contractor, the requirements of the client.
Services we can provide.
We can provide many types of courses specific for your needs – contact us via e-mail. We can provide training seminars to enable the employer to complete their own internal risk assessments.
Recognised health and safety awareness training providers under the ‘CSCS’ scheme operated through the CITB (Construction Industry Training Board).
Downloads: