The principal aim of the CDM Regulations, which came into effect on 31 March 1995, is to raise the standard of construction health and safety management by trying to anticipate health and safety problems at the design stage.
The CDM Regulations place duties on clients, planning supervisors, designers, principal contractors, contractors and the self-employed to plan, co-ordinate and manage health and safety throughout all stages of a construction project. This also includes maintenance work after completion and ultimately the demolition of the structure.
When does CDM apply?
It is important to note that the CDM Regulations are not restricted to building/construction activities. Other work such as the installation or dismantling of large items of plant, or electrical and mechanical installations, to name only two examples, can be covered by these Regulations. Generally the CDM Regulations apply to construction work which is notifiable, i.e. will last for more than 30 working days or 500 person days. CDM also applies to work which is not notifiable but will involve more than 4 people on site at any one time.
All work involving demolition, regardless of the length of time or the number of people on site, will attract the requirements of the Regulations.
CDM also applies to any design work no matter how long the work lasts or how many workers are involved on site.
The CDM Regulations do not apply to construction work carried out on the residence of a domestic householder except for the designer and notification duties.
Construction work carried out inside offices and shops without interrupting the business and the maintenance or removal of insulation on pipes, boilers or other parts of heating systems, are also exempt from the Regulations.
Principal Contractor
The principal contractor should take account of health and safety aspects when preparing tender documents. The pre-tender health and safety plan is developed by the principal contractor who then co-ordinates the activities of all contractors and the self-employed to ensure effective compliance with health and safety legislation.
Contractors and the self-employed
The duties upon contractors and the self-employed are in support of the duties of the Principal Contractor. The co-operation of contractors and the self-employed is essential if the Principal Contractor is to fulfil his duties under CDM Regulations.
The Principal Contractor must provide contractors and the self-employed with the following information:
- The names of the Planning Supervisor and Principal Contractor and the relevant parts of the Health and Safety Plan.
- The arrangements for the health and safety management of the construction work.
- References to recognised Codes of Practice and HSC and HSE publications relevant to the risks of the work carried out.
- The monitoring arrangements.
- Site Rules and procedures (PPE, training and competence requirements.)
- The rules for further sub-contracting work.
Contractors and the self-employed must demonstrate that they are competent with respect to health and safety issues in the CDM Regulations. They must provide documentary evidence of health and safety competence to the Principal Contractor and/or Client before beginning work on a CDM project.
Contractors and the self-employed must:
- Satisfy themselves that any contractors or designers they engage are competent and adequately resourced.
- Co-operate with the Principal Contractor.
- Provide information to the Principal Contractor about risks to others created by their work. This information might come from risk assessments and method statements.
- Comply with any reasonable directions from the Principal Contractor and with any reasonable rules in the Health and Safety Plan.
- Tell the Principal Contractor about accidents and dangerous occurrences.
- Provide information for the Health and Safety File e.g. as built drawings, maintenance instructions, details of construction method and materials used, details of emergency and fire fighting equipment etc.
- Have knowledge of safety legislation, Codes, Guidance and Standards and the ability to apply them to hazards of the project work.
Key Action Steps
Action to be taken will depend on which duties need to be complied with but could include:
- Determine at the earliest possible time whether CDM Regulations apply to the project.
- Obtain relevant HSE Guidance Notes and publications.
- Organise or develop personal health and safety training.
- Ensure adequate risk assessment and method statement management systems are in place.
- Prepare information and references in order to satisfy questions relating to competence.
- Ensure requests for information relating to competence, risk assessments and method statements are answered promptly.
- Ensure that all portable electrical equipment is PAT tested.
- Ensure that all lifting equipment has a current Statutory Inspection Certificate and take a copy to site with you.
- Ensure that all tools and equipment are well maintained
Reference Documents
1. Managing Health and Safety in Construction HSG 224
2. Designing for Health and Safety in Construction
3. A Guide for Designers on the Construction (Design and Management) Regulations 1994
4. Health and Safety in Construction - HS(G)150.
All of the above are published by the Health and Safety Executive and are available from HSE Books, Sudbury, tel. 01787 881165.
