Health and Safety Executive Health and Safety Executive John Underwood HSE Construction Division Construction Sector Safety Team Construction Design & Management Regs (2015) 45 mins Subsidence Forum 14 th May 2015
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Health and Safety Executive
Health and Safety Executive
John Underwood
HSE Construction Division
Construction Sector Safety Team
Construction Design &
Management Regs (2015)
45 mins
Subsidence Forum 14th May 2015
JUCDM 2015
Does the underpinning industry have anything to fear from CDM
2015 ?
So, what makes things work?
• Sensible client
• Permanent works designer willing to engage
• Rigorous contactor
• Temporary works designer who understands
sequencing & systems of work
• Investment in understanding the ground, and
existing structure/s
• Sensible timescale, sequence and method
• And legislation that encourages all this
Construction Design & Management Regulations (CDM)
CDM 1994
CDM 2007
CDM 2015
CDM 1994
Const Health Safety Welfare
Regs 1996
Prior to 1994 there were no
dedicated construction
management legal
requirements
EU
WAH
Why did CDM 2007 need to be revised?
• Evaluation & Anecdotal feedback
– Too complex
– Small sites took no notice
– Inactive clients
– CDMCs ineffective & no clout
• Better regulation – reduce / simplify
• EU Temporary or Mobile Construction
Sites Directive – incorrect implementation
• Consultation on draft – 1400 responses
What stays ‘broadly’ the same
• Application to all construction projects
• Role of the Principal Contractor
• Part 4 technical standards for construction
sites
• Schedule 2 – welfare requirements
• Co-ordinators for health & safety both
before and during the construction phase
Outline of main changes
• Simplified structure
• Client – greater responsibility
• Domestic client exemption – removed
• CDM co-ordinator role – removed
• Principal Designer role (PD) – introduced
• ‘Competence’ – clarity added
• Construction phase plan for all projects
• Threshold for appointments – more than 1 contractor
• Notification is a stand alone requirement – not trigger
point for additional roles / duties
Stress these changes:
• PC – PD symmetry
• Amended notification threshold
• 30 days + >20 workers / 500 person days• (Note 500 / 20 workers = notify >25 day project)
• Formal co-ordination threshold lowered
• More than one contractor
• Construction Phase plans on all projects
• Site Health & Safety File on all multi contractor projects
Stress this:
Client / Principal Designer / Designer
• Responsible for Pre Construction Information
Principal Contractor / Single Contractor Project
• Responsible for Construction Phase Plan
Project Start
Project End
Pre construction information
Construction phase plan
Dutyholders - Clients
Head up procurement chain The major influence on project standards and culture
Duties include:
• Make appointments and
arrangements for managing
project
• Provide pre-construction
information
• Reasonable steps to ensure PD
& PC comply with their duties
Dutyholders – Designer
Designer duties remain similar to those in CDM 2007
Additional requirements include:
• Reduce or control risks
through the design process &
provide risk information with
design drawings
• Refer risks that cannot be
reduced or controlled through
design to the PD
• Clear hierarchy for design risk
management
Dutyholders – Principal Contractor
PC manages and coordinates the construction stage of the project
This includes:
• Liaison with Principal Designer
• Providing information to PD
relevant to H&S file
• Engaging and communicating
with the workforce
Contractors’ duties remain similar
to those in CDM 2007
Additional requirements include
• Plan, manage and monitor their
construction work
• Comply with directions given by PD
or PC
• Draw up a CPP where they are the
only contractor
• Appointment only of those with
necessary Skills, Knowledge,
Training and Experience (or closely
supervise those in the process of
obtaining SKET)
Domestic Clients:
A domestic client will only be liable under CDM
if they reject sensible H&S standards or
impose poor standards
Client duties automatically pass to the:
• First contractor, or the
• Contractor in charge
Alternatively the client may arrange by
agreement for the Principal Designer to take
on the client’s duties
Competence
Getting the right people for the job
• Individuals
– Skills, Knowledge, Experience and Training
– Not about card schemes
• Body corporate
– Organisational capability
– Policies, structures, safe systems in place
SKET KETS SNTE TESK SKTE TEKS Competence
Guidance Package
• ‘L’ Series guidance
• Possible ACOP in due course
• 6 CONIAC industry guides –
endorsed by HSE
• New CDM 2015 HSE website
• ‘Have work done safely’ leaflet
for small commercial clients
• Template construction phase
plan
• Smartphone App – Construction
Phase Plan for small projects
CDM 2015 - The Underpinning Industry 1
• Clients need help from specialist contractors
• Specialist Contractor/Consultant Engineer
already coordinate design (therefore Principal
Designer role should be easy change)
• Domestic Client = majority of clients. Many
contractors have in-house design team or
relationship with designer/s. PD & PC role + plan
& file = straightforward & beneficial change
• Specialist contractor = management, planning &
paperwork process already followed
CDM 2015 - The Underpinning Industry 2
Site Information:
• Pre construction information
• Construction phase plan
• Site/structure health & safety file
Normal
practice in
organised
underpinning
contracts
Easy: Soils report; Structural stability assessment
Don’t forget: Asbestos survey (areas to be disturbed);
Services location survey
CDM 2015 - The Underpinning Industry 3
Client:
Insurer -v- Domestic Houseowner
• Will CDM 2015 change balance?
• Will insurers wish to retain control?
• Or expect PD/Designer and PC/contractor
to take on domestic client duties?
Conclusions
• CDM 2015 should be easier to understand
• May allow greater flexibility – who does what
• The underpinning & basement extension
industry can readily adapt to significant
changes that CDM 2015 will introduce
• Simplifying CDM means guidance becomes
more important
• HSE encourages specialist sectors of the
construction industry to produce guidance
CDM 2015 in force from 6/4/15 Transitional arrangements:
For projects starting before 6 April 2015 and continuing
beyond:
• Where there is no CDMC or PC appointed the client
must:
– Appoint PD and PC if the construction phase not
started,
– If construction phase started, appoint PC
• Where CDMC has been appointed:
– the client must appoint PD within 6 months of Regs
coming into force
– CDM-C’s duties (CDM2007) continue to apply until
PD is appointedTAs end 6th Oct 2015
HSE’s approach on sites
• No change to HSE’s
approach to inspection,
investigation and enforcement
• NOT FFI driven
• Risk based, sensible and
proportionate
• Looking ‘beyond the site gate’
where failure to manage risk
• Construction phase plan
Sum up
• CDM 2015 changes focus onto management of risk by dutyholders
• Technical standards unchanged
• Strengthen client role
• Domestic clients – duties taken by PD and PC
• CPP required for all projects
• Embed better standard of involvement with workforce
• Changes to notifications
• Working with industry to get the message out
• Clearer and easier to hold all dutyholders to account
Finally – spare a
thought for the
emergency
services
If you want to be
rescued, provide
decent support &
decent access
2014 West Midlands underpin collapse – no support – entry & rescue took over 2 ½ hours
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