Introduction
Revisions to the Construction (Design and management) (CDM) Regulations (1994) (CDM 94) are expected to come in to force in April 2007.
Since CDM 94 was introduced in 1995, concerns have been raised about their complexity. Essentially, they were inflexible, non-descriptive and too general. These views were supported by an industry-wide consultation in 2002, resulting in the HSC’s decision to revise the Regulations.
If you are a manager in the construction industry, here is how the revised regulations will affect you.
What are the changes?
The new, simplified CDM Regulations will revise and bring together the existing CDM 1994 and the Construction (Health Safety and Welfare) (CHSW) Regulations 1996 into a single regulatory package. They will be supported by an Approved Code of Practice (ACoP) and industry-approved guidance.
To give construction and design professionals time to plan and prepare for the regulatory changes, the ACoP will be available in January 2007, three months before the Regulations come into force. Net Lawman will report in more detail about how the Regulations will affect you in the February newsletter – stay posted!
Why new regulations?
Construction remains a disproportionately dangerous industry where improvements in health and safety are urgently needed. The regulations address the responsibilities of all individuals who project manage – from small, simple construction tasks, to huge scale tasks which take years to complete. The emphasis is on the flexibility, practicality and specific nature of the revised regulations, enabling better project management. This will in turn reduce the number of construction related injuries and accidents, and make the construction industry safer and more efficient.
Key points to push
1. Active and enthusiastic risk management – rather than compliance merely for bureaucratic reasons
2. Integrating health and safety issues into everyday planning and management
3. Encouraging all team members to work effectively and safely together and as a team
4. Investing time and effort in the design stages ensuring that early stage planning reaps rewards in terms of the complete picture.
CDM also requires two important new documents, the health and safety plan during a project and the health and safety file at the end.
What must employers must do?
The client is the firm or individual for whom a project is carried out. In order to satisfy the client, comply with the regulations and satisfy yourself that the project is going to be completed safely, the employer must:
- Appoint a ‘planning supervisor’ and a ‘principal contractor’, ensure that they are competent and have sufficient resources to carry out their health and safety responsibilities.
- Ensure that construction work does not start until a suitable health and safety plan has been prepared by the principal contractor.
- Ensure the health and safety file is available for inspection after construction
These essential documents are available from Net Lawman.
The planning supervisor’
The planning supervisor must co-ordinate the health and safety aspects of the project design and initial planning. Additionally, in accordance with regulation 14, they must:
- ensure a health and safety safety plan is prepared before work begins
- ensure a safety file is prepared and delivered to client on completion of the work
- ensure that designers comply with health and safety duties, are competent and co-operate with each other
The designer
The designer must, in accordance with regulation 13;
- ensure that structures are designed to avoid risks to health and safety or reduce risks at source if they cannot be avoided altogether;
- provide adequate information on health and safety and ensure this is passed to the planning supervisor for inclusion in the health and safety plan
The principal contractor
The principal contractor must, in accordance with regulations 16-18:
- take over the health and safety plan and ensure it is developed and implemented
- ensure that contractors are competent and that they co-operate and comply with health and safety duties
- ensure that contractors are provided with information
- ensure that employees are properly consulted, informed and trained
- pass information for the health and safety file to the planning supervisor
The Health and Safety Plan
There should be a pre-tender plan which describes the work and risks to workers. A full health and safety plan must then be developed for the construction phase. This should include:
- a description of the project
- arrangements for managing the project and monitoring compliance with health and safety requirements
- the risks to health and safety
- arrangements for the welfare of people working on the project
Guidance to the regulations sets out in detail the range of information which should be included in the plan.
The Health and Safety File
A health and safety file must be prepared providing the end user with information about the risks which have to be managed during maintenance, repair, renovation or demolition. This must be made available to anyone doing any future work on the structure. Guidance to the regulations recommends that the file include:
- drawings and plans
- the design criteria
- the construction methods and materials used
- maintenance procedures for the structure
- specialist operating and maintenance manuals
- location and nature of all utilities and services including emergency and fire-fighting systems
Rights of employees and self-employed workers
Employees and self employed workers have rights:
- to health and safety information and training related to the construction work
- to express your views to the principal contractor about any health and safety matters related to the construction work
The principal contractor is responsible for making arrangements for both of these.
Before you start work, the employer must give the workers:
- the name of the planning supervisor and principal contractor
- the health and safety plan or relevant parts of it
Other legislation which still applies
There are several existing regulations which deal with specific processes and facilities. CDM replaces only the general management obligations of these. So in following CDM, employers must comply with:
- The Construction (General Provisions) Regulations 1961
- The Construction (Lifting Operations) Regulations 1961
- The Construction (Working Places) Regulations 1966
- The Construction (Health and Welfare) Regulations 1966
Net Lawman document templates relevant to this subject
EMP202 Letter to construction worker warning of breach of health and safety policy
EMP203 Letter to retail shop assistant warning of late arrival and bad attitude
EMP205 Letter to office worker warning of breach of email policy
The employment letters are examples of the sort of letters you might write as a "first written warning" under your organisation's disciplinary procedure. But note that it may not be appropriate simply to take one of these letters and reshape it. Net Lawman strongly advises that you read The ACAS Code of Conduct.
EMP001 Employment contract – standard
This employment contract is suitable for all junior and middle ranking staff in any tiype and size of business
EMP002 Employment Contract – admin and secretarial
The standard employment contract with slight amendments to suit administration and secretarial staff
EMP021 Employment contract – fixed term
etc
HSE02 HSE Manual - textile industry
HSE03 HSE Manual - health and hospitality industry
HSE04 HSE Manual - laundry and dry cleaning industry
HSE05 HSE Manual - auto-mechanical industry
HSE06 HSE Manual - footwear and leather industry
Other Net Lawman articles relevant to this subject:
TUPE – transfer of Undertakings – guidance for employers
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