N J Hodgson & Co Ltd Chartered Surveyors
If you are about to alter or extend a building or structure, putting up a new one or demolishing an existing one, then the Construction (Design and Management) Regulations 2007 place a number of specific duties on you – the client. The aim of the CDM 2007 Regulations is to make Health & Safety an essential and integral part of the planning and management of projects, making sure that all parties work together to reduce the risk to the Health & Safety of those who work on the structure, who may be affected by these works, or who will use it as a place of work once it’s completed.
The CDM Regulations separates construction projects into two types - dependent on how long they take to build and how many people are involved. The two types of projects are:
Non-Notifiable Projects - where the project is likely to involve less than 30 days or 500 person days of construction work, or
Notifiable Projects - where the project is likely to involve more than 30 days or 500 person days of construction work.
There are duties for you that apply to all projects and additional duties that apply to Notifiable Projects. On ‘Notifiable Projects’ you must, in addition to those duties above, make sure that you:
•Appoint a ‘CDM Co-ordinator’ to advise and assist you and also to co-ordinate arrangements for Health & Safety during the design and planning phase.
•The Approved Code of Practice (ACoP) requires that appointment should be before significant detailed design work which "includes preparation of the initial concept design and implementation of any strategic brief."
•Designers are not permitted to undertake any other design work until the CDM Co-ordinator has been appointed.
•Appoint a ‘Principal Contractor’ as soon as practicable to advise on buildability and maintainability and later to plan and manage the construction work.
•Do not allow construction works to start until the Principal Contractor has prepared a suitable Construction Phase Plan and put suitable welfare facilities in place.
•Agree the contents and format of the ‘Health & Safety File’ and provide the CDM Co-ordinator with relevant information for this document. The CDM Co-ordinator will ensure the ‘Health & Safety File’ is prepared, reviewed or updated (as appropriate) ready for handing over to you on completion of the work. When you dispose of your interest in the structure you must also pass on the File to those acquiring it.
•Once appointed, your ‘CDM Co-ordinator’ can help you carry out all your other duties but until you make this appointment you will be deemed to be carrying out the CDM Co-ordinator’s duties yourself.
What happens if you do not carry out your duties?
If you fail to appoint a ‘CDM Co-ordinator’ you will be legally liable for their duties and will be deemed to be carrying them out. You could leave yourself open to potentially very expensive civil action and you could face criminal prosecution by the HSE.
We can offer a complete CDM Co-ordinator service for all Notifiable projects. We are corporate members of the UK’s leading professional body relating to the CDM Regulations - The Association for Project Safety - and as such we meet all competency requirements for appointment as CDM Co-ordinators under the requirements of the Regulations.
N J Hodgson & Co Ltd Chartered Building Surveyors
Office 31 Moss Bay House
40 Peart Road, Moss Bay