CDM Regulations 2007 Procedures Manual, Third Edition

175 Pages·2008·1.937 MB·English

by  Stuart D. Summerhayes(auth.)

CDM Regulations 2007
Procedures Manual
CDM Regulations 2007 Procedures Manual, Third Edition Stuart D. Summerhayes
© 2008 Blackwell Publishing Ltd. ISBN: 978-1-4051-4002-7
Acknowledgement
The author would like to acknowledge the patience and constructive dialogue
continually provided by Julia Burden and the support of his wife, Linda, without
whom this publication would never have been completed.
CDM Regulations 2007
Procedures Manual
Third Edition
Stuart D. Summerhayes
BSc, MSc, CEng, MICE, FaPS
© 2008 by Blackwell Publishing Ltd
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First published 2008 by Blackwell Publishing Ltd
ISBN: 978-1-4051-4002-7
Library of Congress Cataloging-in-Publication Data
Summerhayes, Stuart.
CDM regulations : 2007 procedures manual / Stuart D. Summerhayes. – 3rd ed.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978-1-4051-4002-7 (pbk. : alk. paper)
ISBN-10: 1-4051-4002-X (pbk. : alk. paper) 1. Construction
industry–Safety regulations–Great Britain. I. Title.
KD3172.C6S86 2008
343.41′078624–dc22
2007037122
A catalogue record for this title is available from the British Library
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Contents
How this manual works vii
Section 1 Introduction 1
Section 2 Application and interpretation 7
2.1 Application 9
Table 2.1 The main responsibilities of duty holders 11
2.2 Interpretation 13
2.3 Additional exclusions 13
Section 3 All duty holders 15
3.1 Introduction 17
Table 3.1 Project management descriptors found in the regulations 19
Figure 3.1 Holistic diagram 21
Section 4 The client 25
4.1 Client fl owchart: all projects 31
4.2 Client fl owchart: notifi able projects, additional duties 33
4.3 Client checklist 35
4.4 Client checklist: notifi able projects 39
Section 5 The designer 43
5.1 Introduction 45
Figure 5.1 Regulations to be discharged by designers 49
5.2 All projects 51
5.3 Identifi cation 52
5.4 Evaluation 52
5.5 Contribution 52
5.6 Design change 54
Figure 5.2 Systems approach for the designer 55
Flowcharts and checklists
5.1 Designer fl owchart: all projects 57
5.2 Designer fl owchart: notifi able projects, additional duties 61
5.3 Designer checklist: all projects 63
5.4 Designer checklist: additional duties for notifi able projects 69
Section 6 The contractor 71
Figure 6.1 Contractor duties: all projects 75
6.1 Contractor fl owchart: all projects 77
vi CONTENTS
Figure 6.2 Contractor: additional duties on notifi able projects 81
6.2 Contractor fl owchart: notifi able projects, additional duties 83
6.3 Contractor checklist: all projects 85
6.4 Contractor checklist: notifi able projects, additional duties 91
Section 7 The CDM co-ordinator 93
7.1 Introduction 95
7.2 Appointment 95
Figure 7.1 CDM co-ordination duties 97
7.1 CDM co-ordinator fl owchart 99
7.2 CDM co-ordinator checklist 103
Section 8 The principal contractor 111
Figure 8.1 Regulations to be discharged by principal contractor 115
8.1 Principal contractor fl owchart 117
8.2 Principal contractor checklist 123
Section 9 Documentation 131
9.1 Introduction 133
9.2 Pre-construction information 133
Figure 9.1 Flow of pre-construction information and pre-construction
information: tender stage 135
9.3 Construction phase plan 148
9.4 Health and safety fi le 148
9.5 Project risk register 149
9.1 Project risk register (health and safety) 151
Section 10 Checklists and agendas 153
10.1 Checklist for non-notifi able projects 157
10.2 Checklist of additional duties for notifi able projects 165
10.3 Initial design/client meeting: prompt list 177
10.4 Pre-start meeting: prompt list (non-notifi able projects) 179
10.5 Pre-start meetings: prompt list (notifi able projects) and
additional points 181
10.6 Progress meeting: prompt list 183
Section 11 Competence 185
Web page directory 189
Bibliography 191
Index 193
HOW THIS MANUAL WORKS
This procedural manual is divided into sections to cover the full remit of obligations
imposed on the:
(cid:129)
client
(cid:129)
designer(s)
(cid:129)
contractor(s)
(cid:129)
CDM co-ordinator
(cid:129)
principal contractor.
Each of these functions is qualifi ed by a fl owchart and detailed checklist. The fl owchart
provides a chronological route through the Regulations for each duty. Key to this route
is the node box, which identifi es obligatory duties and procedural options together with
reference to the corresponding Regulation and further description where appropriate.
Descriptive text to provide Bold script signifi es obligatory
additional guidance to good duties.
practice. Ordinary script signifi es optional
but recommended duties or
responses.
Give suitable and
suffi cient advice
This is a critical interface in the client’s
and assistance to
undertaking of his/her duties with
the client
particular emphasis placed on
20(1)(a) Corresponding Regulation.
compliance with Regulations 9 and 16.
The fl owchart provides an illustrated link between successive duties.
The checklist documents accountability and provides a detailed procedural step-by-step
approach in fulfi lment of obligations. It serves as the audit trail through the project,
signifying what action needs to be taken and providing a record of what action has been
taken, endorsed by the signature of the responsible person.
viii HOW THIS MANUAL WORKS
CONTRACT
Reg. Stage Procedure Description
14(5) Post initial NOTIFICATION OF The appointment of the CDM co-ordinator must be made
design stage APPOINTMENT in writing by the client.
Before the It would be imprudent to fulfi l this role without the written
start of confi rmation of appointment.
signifi cant
Where the role of CDM co-ordinator has been fulfi lled within
detailed
the client organisation either by design and/or default care
design
needs to be exercised and conditions/qualifi cations made about
the service being subsequently provided.
Bold text signifi es obligatory
duties.
Ordinary script signifi es optional
but recommended duties or
responses. Descriptive text provides
additional guidance for
good practice.
Corresponding
Regulation
Signed and dated
for accountability.
Action req.
Timing of action Yes No Initials Date actioned
Before signifi cant detailed design.
Note: Failure to appoint a CDM
Co-ordinator at the appropriate
time ensures that the client fulfi ls
the role.
There are no belated
appointments in respect of CDM
co-ordination since failure to
appoint ensures that the client
takes on such duties.
Criticality of timing
is essential for the
fulfi lment of duties.
An example of a Pre-Construction Information – Tender Stage Document and Project
(Health and Safety) Risk Register is included together with checklists and agendas as
aide-memoires in support of the management of the process.
Section 1
INTRODUCTION
CDM Regulations 2007 Procedures Manual, Third Edition Stuart D. Summerhayes
© 2008 Blackwell Publishing Ltd. ISBN: 978-1-4051-4002-7
INTRODUCTION 3
The Construction (Design and Management) Regulations (CDM Regulations) 1994
were the United Kingdom’s response to transpose the Council of the European Com-
munities Directive 92/57 EEC entitled ‘The Minimum Health and Safety Requirements
at Temporary or Mobile Construction Sites’ into British law. They arose from member
consensus that the entire responsibility and management of health and safety throughout
the construction process was both fragmented and unco-ordinated.
These regulations have now been revised in the form of the CDM Regulations 2007,
which were laid before Parliament on the 15 February 2007 as Statutory Instrument
2007 No. 320, and were enacted on 6 April 2007. These regulations apply to all con-
struction work in Great Britain and its territorial waters (12 miles offshore).
The revision has allowed greater alignment with the existing Directive, which has not
changed, and has built on the industry’s experience of working with the original regula-
tions. These experiences relate to both the construction industry’s cultural response and
shortcomings identifi ed in the interpretation and enactment of the original regulations.
Criticism attached to the original regulations related to:
(cid:129)
excessive bureaucracy
(cid:129)
belated appointments
(cid:129)
baseline not benchmark approaches
(cid:129)
enforcement diffi culties
(cid:129)
reactive not proactive responses.
The CDM Regulations 2007 are accompanied by an Approved Code of Practice
(ACoP) (L144), which is to be supported by sectorial guidance provided by industry in
due course.
The new regulations emphasise the project management approach and are process
related with co-operation, co-ordination and communication fundamental to the
delivery of effective health and safety management within the holistic concept of the
integrated team.
The Health and Safety Commission, in collaboration with a Construction Industry
Advisory Committee working group, prepared the documents (the regulations and
ACoP), which are written in a more explicit language form directed towards:
(cid:129)
simplifi cation
(cid:129)
maximising fl exibility
(cid:129)
planning and management of risk
(cid:129)
improved competence of duty holders
(cid:129)
improvements in process and practice
(cid:129)
integration via co-operation and co-ordination
(cid:129)
providing the right information to the right people at the right time.
Major changes have been made with the introduction of the CDM co-ordinator and
the concept of information fl ow via pre-construction information. Greater liability
for all duty holders is evident and due emphasis placed on professional competence as
outlined in Appendices 4 and 5 of the corresponding ACoP (L144) and a centre of
gravity shift towards the client, who must exercise more control over the entire
process.
The CDM Regulations 2007, unlike their predecessors, combine two major items of
construction-related legislation in one coherent document, so the new regulations
are both an update of the CDM Regulations 1994 (plus 2000 amendment) and the