CDM 2007 MAKING A DIFFERENCE

1. CDM 2007MAKING A DIFFERENCE

2. Focus • To change attitudes • To change behaviours • Achieve sensible risk management

3. Co-ordination: • During the pre-construction phase • During the Construction Phase Information Flow: • During the pre-construction phase • During the construction phase

4. 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

5. 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

6. 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Health and Safety in Construction’ • March 2005 HSC publish consultation document with draft combined Regulations and draft guidance • December 2005 HSC agreed Regulations should be supported by an ACoP and Industry produced Guidance • Implementation date April 2007

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

8. 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

9. 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

10. 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

11. 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

12. 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 Trigger for Appointments

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. CDM 2007 – Making A DifferenceDesigners

24. Who areDesigners? • 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

25. 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

26. 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

27. - 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

28. 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”.

29. 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

30. 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 hazards Do not produce paper unless it is of value Do not worry and trivial risk Engage and take ownership Designers Summary

31. Designing out hazard Simple design measure to reduce risk

34. 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

35. 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

36. 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

37. CDM 2007 ANEW OPPORTUNITY ?

38. 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

39. 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

40. 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

41. 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 ?

42. 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)

43. 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”

44. 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…..

45. Non-notifiable Projects In effect, every construction project or building job, no matter how small, is now a “CDM” job

46. Clients Duties (Not domestic) • Sufficient time • Suitable welfare • Complies with Workplace Regulations (not just Building Regs) • Provide information (see later)

47. 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)

48. 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

49. 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

50. 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