H E A L T H   +   S A F E T Y
' C D M   (CONSTRUCTION DESIGN + MANAGEMENT)  R E G U L A T I O N S   2 0 0 7 '

W H A T   A R E   T H E   C D M   R E G U L A T I O N S   2 0 0 7 ?

The new CDM 2007 Regulations are about focusing attention on effective planning and management of construction projects, from design concept onwards. The aim is for health and safety considerations to be treated as a normal part of a project’s development, not an after thought or bolt on extra. The object of the new CDM 2007 Regulations are to reduce the risk of harm to those that have to build use and maintain structures.

CDM 2007 places legal duties on virtually everyone involved in construction work.

Those with legal duties are commonly known as ‘dutyholders'. Dutyholders under CDM 2007 are:
  • Clients
  • CDM Co-ordinators
  • Designers 
  • Principle Contractors
  • Contractors
  • Workers

For a summary of legal duties for 'dutyholders', please refer to http://www.hse.gov.uk/construction/cdm/summary.htm

W H A T   H A P P E N S   I F   I   D O N ' T   C O M P L Y   W I T H   C D M    R E G S   2 0 0 7 ?

You are more likely to have a dangerous or fatal accident while your construction work is carried out if you do not ensure that the CDM 2007 Regulations are followed.  In addition, your finished structure may not be safe to use, safe to maintain and may not deliver you good value for money.

Construction is a high-risk industry.  Around one third of all workplace fatalities occur in construction and many thousands are injured each year.  Such incidents often have a significant and long lasting effect on the individuals, their colleagues, family, friends and business.  By following CDM 2007, you will be helping to stop this from happening.

HSE staff are there to give help and advice, particularly to smaller businesses who may not have a lot of knowledge.  When they do find problems they will aim to deal with you in a reasonable and fair way. 

However, serious breaches of health and safety legislation on your construction project could result in construction work having to be stopped by HSE or your local authority and additional work maybe needed to rectify matters. In the most serious circumstances you may be prosecuted.

D O   T H E   N E W   R E G U L A T I O N S    A P P L Y   T O   A L L   N E W   C O N S T R U C T I O N   P R O J E C T S ?

CDM 2007 applies to all construction projects where people are at work. The new Regulations are divided into five parts:

  • Part 1 deals with the application of the Regulations and definitions
  • Part 2 covers general duties that apply to all construction projects.
  • Part 3 contains additional duties that only apply to notifiable construction projects, i.e. those lasting more that 30 days or involving more than 500 person days of construction work
  • Part 4 contains practical requirements that apply to all construction sites.
  • Part 5 contains the transitional arrangements and revocations.

Please refer to the link http://www.legislation.gov.uk/uksi/2007/320/contents/made for the CDM Regs 2007

D O   T H E   N E W   R E G U L A T I O N S   A P P L Y   T O   D O M E S T I C   C L I E N T S ?

Parts 1, 2, 4 and 5 of the Regulations apply to projects for a domestic client, but the domestic client has no duties. This is because domestic clients do not fall within the definition of a ‘client’ in Regulation 2(1).

Part 3 of the Regulations does not apply to projects carried out for a domestic client, so there is no requirement to notify the project.

Designers' will need to comply with the duties as in parts 1 and 2 of the new CDM 2007 Regulations (There are no duties on designers in parts 4).

W H E N   I S   A   C O N S T R U C T I O N   P R O J E C T   ' N O T I F I A B L E ' ?

The CDM 2007 Regulations apply to most common building, civil engineering and engineering construction work. You must notify HSE of the site if the construction work is expected to either:
  • last longer than 30 days; or
  • involve more than 500 person days of construction work;
HSE should be notified in writing before construction work starts; you can use form F10. Your notification should be sent to the HSE office nearest to the proposed site.

Any day on which construction work takes place is counted. What matters is how many days of construction work the project entails, not when these days occur.

W H A T   I F   A   P R O J E C T   I S   A L R E A D Y   U N D E R W A Y ?

The new CDM 2007 Regulations will apply to projects that are already in progress. There are a number of provisions to aid the transition from the old duties to the new e.g. a planning supervisor or principal contractor already appointed under CDM 1994 will be deemed to be the CDM co-ordinator or principal contractor, but they must ensure that they acquire the new competencies within 12 months, if necessary.

W H A T   A B O U T   D E M O L I T I O N ?

A plan detailing the arrangements for how demolition work will be carried out must be prepared before demolition or dismantling work begins. This applies to all demolition work regardless of size, duration or whether the job is notifiable. Demolition means the deliberate pulling down, destruction or taking apart of a structure, or a substantial part of a structure. Similarly, dismantling will be considered to be the taking down or taking apart of all, or a substantial part of a structure. Construction operations such as the making of openings for doors, windows, services or removing non structural elements such as, stripping cladding, removing roof tiles and similar operations is not considered to be demolition or dismantling in themselves. Where these operations are combined with other operations they may together form demolition and dismantling projects. The erection and taking down of a scaffold used for the purposes of construction is construction work. The striking of a scaffold will not be considered to be the demolition or dismantling of a structure.
Ref: Health + Safety Executive (HSE) website