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ICE & IOSH

Merseyside

CDM project lifecycle

and best practice

12th

November 2013

Speaker: Dave Haddon CMIOSH

1st Choice Health and Safety Ltd

www.1stchoicehealthandsafetyltd.co.uk 1

Session outline

• Typical project

lifecycle

• Does CDM apply

to my project?

• Brief outline of

duties

• Best practice,

competence and

lessons learned

• Anticipated legal

changes 2

Disclaimer

Disclaimer: Any views or opinions expressed on any matters by the presenters or participants during or in connection with this presentation are solely the views of the authors of the respective comments and/or opinions and must not be taken to be the views of ICE or any other organisation. ICE makes no representations, warranties or assurances concerning any information provided in these presentations and accept no responsibility for the content and/or accuracy

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Typical project lifecycle

Five phases of construction projects for H&S

purposes, regardless of project size:-

1) Concept and feasibility

2) Design and planning

3) Tender/selection of contractors

4) Construction phase

5) Commissioning and handover

N.B. Construction work is not just “new-build”

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Examples - 1

Construction work includes:-

• Building works, e.g. new buildings with foundations

• Renovation, e.g. non-structural improvements

• Alteration, e.g. structural modification/conversion

• Maintenance of existing premises (occupied or

unoccupied), e.g. minor repairs, repainting, replacing

roof tiles, re-glazing windows

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Examples - 2

• Civil engineering or engineering construction work,

e.g. drainage, roads, bridges, railways.

• Decommissioning, e.g. services isolation & removal

• Demolition, e.g. breaking down, removing

• Dismantling, e.g. disassembly of structures

A construction site is where construction work occurs

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Range of Activities - 1

A wide range of activities will take place during a typical construction project, e.g:-

• Site investigation, e.g. boreholes, asbestos survey

• Site clearance, e.g. removal of hardcore

• Excavation, e.g. earthworks, trench, shaft, tunnel

• Loading, unloading and storage of materials

• Site movements, e.g. plant, vehicles, people

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Range of Activities - 2

• Fabrication of structural parts, installation/removal

• Decoration, refurbishment or redecoration

• Cleaning of structures, e.g. pressure spray or corrosive substances

• Installation, removal and maintenance of services (electricity, water, gas)

• Landscaping

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QUESTION 1

DOES CDM APPLY TO

MY CONSTRUCTION

PROJECT?

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ANSWER

YES!

GENERAL CDM

DUTIES FOR ALL

PROJECTS 10

Key Players

ALL PROJECTS:-

• Client

• Designers

• Contractors

PLUS FOR NOTIFIABLE PROJECTS:-

• CDM Co-ordinator

• Principal Contractor

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QUESTION 2

WHEN IS

CONSTRUCTION

WORK NOTIFIABLE?

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ANSWER

LIKELY MORE THAN

30 WORKING DAYS

OF CONSTRUCTION

WORK (OR 500

PERSON DAYS) 13

Project notification

(F10) - 1

CDM Regs Schedule 1:

1) Date of forwarding

2) Exact address of construction site

3) Name of local authority where the site is

located

4) Brief description of the project and the

construction work it includes

5) Client contact details (name, address, tel,

email)

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Project notification

(F10) - 2

6) CDM Co-ordinator contact details (name,

address, tel, email)

7) Principal Contractor contact details (name,

address, tel, email)

8) Date planned for start of construction phase

9) Time allowed by Client for Principal

Contractor planning and preparation for

construction work

10) Planned duration of construction phase

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Project notification

(F10) - 3

11) Estimated maximum number of people at

work on the construction site

12) Planned number of contractors on the

construction site

13) Name and address of any contractor

already appointed

14) Name and address of any designer already

engaged

15) Declaration signed by or on behalf of Client

that he is aware of his CDM Regs duties 16

Everyone’s CDM duties - 1

For all construction projects:

• Check own competence

• Co-operate with others and co-ordinate work so as to ensure the health and safety of construction workers and others who may be affected by the work

• Report obvious risks

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Everyone’s CDM duties - 2

• For any work under their control, comply with the requirements in Schedule 3 of the CDM Regulations, for reports of inspections of excavations, cofferdams and caissons

• For any work under their control, comply with the requirements of Part 4 of the CDM Regulations, for health and safety on construction sites

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Everyone’s CDM duties - 3

• Take account of and apply “the general principles of prevention” when carrying out their duties (L144 Appendix 7):

Avoid risks

Evaluate risks which cannot be avoided

Combat risks at source

Adapt the work to the individual, especially workplace design, choice of work equipment & working/production methods, particularly to alleviate monotony and pre-determined work rate and to reduce their effect on health

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Everyone’s CDM duties - 4

Adapt to technical progress

Replace the dangerous by non-dangerous or less dangerous

Develop a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment

Give collective protective measures priority over individual protective measures

Give appropriate instructions to employees

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Who is a Client?

• A Client is an organisation or individual for

whom a construction project is carried out.

• Clients only have duties under CDM when

the project is associated with a business or

other undertaking (whether for profit or not).

• Domestic clients have no duties under the

current CDM Regulations

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Exemption of Domestic

Clients

• Domestic clients have no duties under the

current CDM Regulations

• Domestic clients are people who have

construction work carried out on their own

home, where the work is not business-

related, eg. not alterations to a shop or a

rented-out flat

• Designers and contractors working for

domestic clients still have all H&S duties

including CDM requirements

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Client’s CDM Duties - 1

For all projects:

• Check competence and resources of all their appointees

• Ensure there are suitable management arrangements for the project, including:

Health and safety in construction work

Welfare facilities to CDM Regs Schedule 2

Workplace designs to suit the Workplace (Health, Safety & Welfare) Regulations 1992

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Client’s CDM Duties - 2

• Allow sufficient time and resources for all stages

• Ensure that relevant pre-construction information is provided promptly to all designers and contractors, including:

any information about the site or the construction work and any future use as a workplace

the minimum time allowed to client-appointed contractors for planning and preparation before they begin construction work

any information in any existing Health & Safety File

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Client’s CDM Duties - 3

Additionally for notifiable projects:

• Appoint a CDM Co-ordinator, as soon as practicable after any initial design work or other preparation for construction work has begun

• Then appoint a competent principal contractor, as soon as practicable after the Client knows enough about the project to select a suitable appointee

N.B. Client takes on the respective duties by default if the appointments not made, or if gaps in appointments

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Client’s CDM Duties - 4

• Make sure the construction phase does not start unless there are suitable welfare facilities and construction phase plan in place

• Provide CDM co-ordinator with pre-construction information (including the minimum time allowed to the Principal Contractor for planning and preparation for construction work), and information for inclusion in the Health and Safety File

• After the construction phase, keep Health and Safety File available for inspection and revised if necessary

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Who are CDM

Designers?

• Designers are those who have a trade or business

which involves preparing or modifying designs for

construction work and variations.

• Also those who arrange for employees or others

under their control to prepare designs relating to a

structure or part of a structure

• A designer could be an architect, structural

engineer, building surveyor, materials purchaser,

contractor, temporary works engineer, shopfitter etc

• Design includes drawings, design details,

specification, bill of quantities, design calculations

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Designers Duties - 1

For all projects, ensure that:

• Before starting design work, check the Client for the

project is aware of their duties

• Take due account of other design considerations in

performing their CDM design duties

• Design to avoid foreseeable risk to persons during

construction, cleaning, maintenance, and use as a

workplace

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Designers Duties - 2

• In design, eliminate hazards which may give rise to

risks, and reduce risks from any remaining hazards,

giving collective measures priority over individual

measures

• Take account of the Workplace (HSW) Regs 1992

provisions relating to design and materials used in

workplace structures

• Provide information with the design about design

aspects, construction and maintenance to assist the

Client, other designers and contractors to comply

with CDM (e.g. notes on drawings , specifications)

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Designers Duties - 3

Additionally where a project is notifiable:

• Shall not commence beyond initial design work

unless a CDM Co-ordinator has been appointed

• Provide information with the design about design

aspects, construction and maintenance to assist the

CDM Co-ordinator to comply with CDM (e.g. notes on

drawings), including in relation to the health and

safety file

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Overseas Designers

For designs prepared or modified outside GB, the

responsibility for ensuring compliance with CDM

designer duties rests with:

• the person who commissions the design if he is

established in GB; or if not established in GB, with

• any Client for the project

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Who are Contractors?

• Contractors are those doing the physical

construction work and are those most at risk

of injury and ill health.

• All contractors have a part to play in

ensuring the site is a safe and healthy place

to work.

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Contractors Duties - 1

On all construction projects:

• Check client aware of client’s duties

• Plan, manage and monitor own work and that

of workers

• Check competence of all their appointees

and workers

• Information and training for own workers,

e.g. site induction, risk assessments, site

rules, emergency procedures

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Contractors Duties - 2

• Do not start work unless site secure from

unauthorised access

• Ensure that there are adequate welfare

facilities for all their workers – Schedule 2

• Comply with the specific requirements of

part 4 of the CDM Regulations for site health

and safety

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Schedule 2 - Welfare

• Sanitary Conveniences

• Washing Facilities

• Drinking Water

• Changing rooms and lockers

• Facilities for rest

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Site H&S Duties

CDM Regulations Part 4

Regulations 25 to 44

(Reg 25: Application of Regs 26 to 44)

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26: Safe Places of Work

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27: Good Order and Site

Security

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28: Stability of

structures

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29: Demolition or

Dismantling

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30: Explosives

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31: Excavations

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32: Cofferdams and

Caissons

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33: Reports of

Inspections

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Schedule 3: reports

• Name and address for whom carried out

• Location of place of work inspected

• Description of place of work inspected

• Date and time of inspection

• Details of risks identified

• Details of actions taken to eliminate or reduce risk

• Details of any further action necessary

• Name and position of person making the report.

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34: Energy Distribution

Installations

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35: Prevention of

Drowning

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36: Traffic routes

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37: Vehicles

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38: Prevention of Risk

from Fire etc

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39: Emergency

Procedures

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40: Emergency Routes

and Exits

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41: Fire Detection and

Fire-Fighting

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42: Fresh Air

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43: Temperature and

Weather Protection

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44: Lighting

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Contractors Duties - 3

Additionally for notifiable projects:

• Before starting work, have names of CDM co-

ordinator and principal contractor, relevant

parts of construction phase plan, and check

HSE (or ORR) has been notified.

• Cooperate with Principal Contractor in

planning and managing work, including

reasonable directions and site rules.

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Contractors Duties - 4

• Provide details to the principal contractor of any contractor whom he engages in connection with carrying out the work.

• Provide any information needed for the health and safety file.

• Inform Principal Contractor of problems with construction phase plan.

• Inform Principal Contractor of any RIDDOR reportable incidents etc.

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CDM Co-ordinator

• Replaces the CDM1994 Planning Supervisor

• Appointed by the Client, on notifiable projects only

• Assists with Health and Safety risk management matters, primarily for planning and design (including ongoing design during construction, eg. design changes, temporary works), and as-built information for H&S

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CDM Co-ordinator

Duties - 1

• Advise and assist the Client with his/her

duties, eg. competence, mgmt arrangements

• Notify the project to HSE/ORR, on F10 form

• Facilitate co-operation and co-ordination of

health and safety measures during planning

and preparation for the construction phase

• Liaise with Principal Contractor regarding

the contents of the Health and Safety File,

information needed for the construction

phase plan, and relevant design development

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CDM Co-ordinator

Duties - 2

• Identify, collect and pass on pre-construction

information

• Ensure designers comply with their duties

• Ensure co-operation between designers and

principal contractor during construction

phase, regarding any ongoing design or

design change

• Prepare/update the Health and Safety File

and pass to the Client at the end of the

construction phase

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Principal Contractor

• Appointed by the Client, on notifiable

projects only

• The Principal Contractor is the main

managing contractor on site responsible for

properly planning, managing and co-

ordinating the work during the construction

phase.

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Principal Contractor

Duties - 1

• Plan, manage and monitor construction

phase in liaison with contractors

• Prepare, develop and implement a written

plan and site rules (initial plan to be

completed before the construction phase

begins)

• Give contractors relevant parts of the plan

and display the F10 notification. Ensure all

contractors are informed of the minimum

time allowed for planning and preparation

before they begin construction work

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Principal Contractor

Duties - 2

• Make sure adequate welfare facilities to CDM

Schedule 2 are provided from the start and

maintained throughout the construction

phase

• Check competence of all appointees

• Ensure all workers have site inductions and

any further information and training needed

for the work

• Consult with the workers

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Principal Contractor

Duties - 3

• Liaise with CDM co-ordinator regarding

ongoing design

• Secure the site against unauthorised access

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H&S Planning

• CDM1994 pre-tender plan now replaced by

CDM2007 pre-construction information and

applies to all projects (some additional

requirements for notifiable projects) – typical

contents in L144 Appendix 2

• Construction Phase Plan by principal

contractor, on notifiable projects only –

typical contents in L144 Appendix 3

• Demolition or dismantling – advance written

arrangements always, all projects (Reg 29)

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Provision of information

All projects – (see L144 page 13):-

• THE RIGHT INFORMATION FOR THE RIGHT

PEOPLE AT THE RIGHT TIME

• Clients must provide designers and

contractors who may be bidding for the work

(or who they intend to engage), with the

project-specific H&S information needed to

identify hazards and risks associated with

the design and construction work (THE PRE-

CONSTRUCTION INFORMATION)

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Pre-construction

information

All projects (see L144 Appendix 2):-

• Description of project – eg. dates, client

• Client’s considerations and management

requirements – eg. H&S goals, site security

• Environmental restrictions and existing on-

site risks – safety hazards, health hazards

• Significant design and construction hazards

• Health and safety file – format, content

requirements

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Construction Phase

Plan

Notifiable projects (see L144 Appendix 3):-

• Description of project – eg. dates, client

• Management of the work – eg. management

structure & responsibilities, H&S goals, site

liaison, design changes, inductions, welfare

• Arrangements for controlling significant site

risks – safety risks, health risks

• Health and safety file – layout & format,

collection/gathering/storage of information

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Health & Safety File - 1

The purpose of the file is to give information

on the building or structure for any persons

who may later have to carry out any:

• Construction work

• Refurbishment

• Repairs

• Maintenance or Cleaning work.

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Health & Safety File - 2

Typical content of H&S File (L144 para 263):-

• a brief description of work carried out

• any residual hazards that remain and how

they have been dealt with

• key structural principles and safe working

loads for floors and roofs

• hazardous materials used

• information regarding the removal or

dismantling of installed plant and equipment

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Health & Safety File - 3

• health and safety information about

equipment provided for cleaning or

maintaining the structure

• the nature, location and markings of

significant services, including underground

cables; gas supply equipment; fire-fighting

services etc

• information and as-built drawings of the

structure, its plant and equipment

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Best practice &

competence - 1

• Leadership – IoD/HSE leaflet INDG417

• Workforce engagement and competence

• Competent health and safety assistance,

in-house and/or external

• Prepare for emergencies!

• Monitor, audit and review

• CDM competence criteria

• Personal development and CPD

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Competence

• Part 2 of CDM2007, Regulation 4, all projects

• All key players must check competence of all

appointees.

• CDM dutyholders must not themselves

accept appointments unless competent

• Competence criteria: L144 Appendix 4 and 5

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Contractors - 1

• Experience in type of work to be carried out

• Suitable H&S policy, organisation and

arrangements

• Quality and extent of risk assessments

• Recent H&S performance, eg. accident stats

• Any enforcement action record

• Suitable, up-to-date method statements

• Monitor H&S and carry out site inspections

• Qualifications and skills brought

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Contractors - 2

• Construction Skills Certification Scheme

(CSCS) or equivalent cards for employees

• Membership of professional body or trade

association

• Employers’ liability & public liability

insurance

• References from previous clients

• Appraisal and selection of subcontractors

• Client liaison arrangements

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WHERE is further info?

• Official websites (eg. www.hse.gov.uk)

• Trade associations

• Safety groups

• Professional bodies

• Solicitors

• Health and safety professionals

• Seminars, conferences and free events

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Best practice &

competence - 2

• Use the HSE website – guidance and

current priorities for construction

• Management action plan, eg. training

• Target priorities, eg. higher risks

• Documented system if FIVE employees or

more (N.B. “employees” may include those

self-employed for tax and NI purposes)

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Material breach - FFI

• In the opinion of the HSE Inspector, there

is or has been a contravention of relevant

health and safety law that requires them to

notify the dutyholder in writing of their

opinion

• Whole visit fee, plus subsequent work –

identifying the breach, helping to put it

right, investigating, taking enforcement

action

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Case study example

Work at height on unsafe working platform

• Maintenance employee standing on raised

forks of fork-lift truck approx 2.5m above

concrete floor, expected for one day

working on air-conditioning units

• Enforcement Management Model expects

Prohibition Notice to stop work (high risk)

• Risk gap analysis – actual risk: death or

serious personal injury is possible 80

Best practice &

competence - 3

• “If you comply with the law you will not pay

a fee” (ref: HSE48)

• Understand your legal duties

• Manage health, safety and welfare

• MIND THE RISK GAP!

• Brokers may arrange free help from

insurers (eg. construction sites)

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FFI rates

• Inspector - £124 per hour (no VAT)

• Add costs for specialists

• “COIN” timesheet system at HSE

• Total time to end of investigation or

enforcement, or to start of prosecution

How much for an 8 hour day?

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WHY introduce FFI?

• DWP – “Good health and safety, good for

everyone” 2011

• Theme – changing the culture of health

and safety in Britain

• FFI – shifting costs of regulation from

public purse to businesses that break

health and safety laws

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Where next?

• Understand the law, including changes

• Manage health, safety and welfare

• Be proactive – risk action plan, training

• Documented H&S System

• Get help if you need it, eg. peer review

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Anticipated legal

changes - 1

• CDM 2014:-

More aligned with EU Directive

Loss of the competence requirements

CDM-C role swapped to Lead Designer

Domestic clients to have duties…..

BUT, LET’S WAIT AND SEE!

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Anticipated legal

changes - 2

• HSE Approved Codes of Practice:-

Reduced in number (L21 already gone)

Reduced in length

• Further consolidation of Regulations

• Implementation of further EU laws

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Acknowledgement

Copyright acknowledgement: This

presentation contains public sector

information published by the HSE and

licensed under the Open Government

Licence v1.0

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