CDM Regulations (Construction Design and Management)

What is CDM?

Following its initial introduction in 1994, the Construction Design and Management Regulations (commonly known as the CDM Regulations) were re-introduced in April 2007, the revised Regulations are intended to make it easier for those involved in construction projects to comply with their health and safety duties.

The CDM Regulations are aimed at improving the overall management and co-ordination of health, safety and welfare throughout all stages of a construction project to reduce the large number of serious and fatal accidents and cases of ill health which happen every year in the construction industry. The HSE says that the new regulations emphasise planning and management to secure a safe project, rather than paperwork.

The Regulations place duties on all those who can contribute to the health and safety of a construction project. Duties are placed upon clients, designers and contractors with more power given to the CDM Coordinator in what is considered a more authorative and policing role.

The new regulations combine the Construction (Health, Safety and Welfare) Regulations (1996) and CDM 1994 into one single set of regulations.  However, they also introduce some important changes to the safety regime. 

These include:

• A new duty on designers to eliminate hazards and reduce risks, as far as is reasonably practicable.  They will also have a duty to ensure that any workplace they design complies with the Workplace (Health, Safety and Welfare) Regulations 1992;
• A Client will no longer be able to appoint an agent to take on their legal duties and criminal liabilities, thereby making the CDM Coordinator role more advisory in helping to fulfill their duties to comply with the Regulations
• When Principal Contractors appoint contractors, they will have to tell those contractors how much time they have to prepare for on-site work;
• Contractors will have a similar duty towards those they appoint to work on-site, as well as being obligated to plan and manage their own work; and
• The role of Planning Supervisor, which carried responsibility for co-ordinating health and safety aspects of the design and the planning phase of the construction project, is to be replaced by a CDM Project Co-ordinator.

A CDM Co-ordinator, like a Planning Supervisor, has to be appointed by the client if a project lasts more than 30 days or involves more than 500 person days of work.  But, unlike the Planning Supervisor, is required to advise and assist the client on how to fulfill their duties, especially on whether other duty-holders’ arrangements are adequate.  At the most, only the initial design work for the job should have been completed before the position is filled.

What extra responsibilities do the CDM 2007 regulations place on clients?

While there are no new client duties; pre-existing ones have been strengthened, the HSE says:

Clients already had duties under HSWA 1974 and the Management of Health and Safety at Work Regulations 1999 to ensure construction projects were carried out safely.  However under the new CDM 2007, clients are explicitly instructed to take reasonable steps to ensure that:

• Construction risk can be carried out without risk to health and safety;
• Welfare arrangements are in place before work begins;
• Any structure designed for use as a workplace complies with the Workplace Regulations;
• Sufficient time and resources are allocated to achieve these duties and
• To indicate to contractors and designers how much time is available for planning and preparation before work starts.

An accompanying ‘Approved Code of Practice’ ACoP, due to be published some time from February 2007, gives simple advice on how to fulfil these duties, says the HSE.

However, a client will no longer be able to appoint a ‘client’s agent’ to take on their legal duties and criminal liabilities under CDM.

What other significant changes do the CDM regulations of 2007 bring in?

The Executive believes that this provision of CDM 1994 was confusing.  Even if the client appointed an agent, they continued to have duties and criminal liabilities under the HSWA 1974 and the MHSWR 1999.

A client can still appoint a professional to carry out their duties but the legal responsibility to comply with CDM stays with the client.
Other changes to the regulatory regime include:

• Duty holders must be sure that anyone they appoint to carry out or manage design or construction is competent; and
• Duty holders themselves need to ensure that they are competent.

Which projects are exempt from CDM regulations?

The CDM Regulations apply to most construction projects. However, there are a number of situations where the Regulations do not apply. These include:

• Construction work for a domestic client;
• Construction work carried out inside offices and shops or similar premises without interrupting the normal activities in the premises and without separating the construction activities from the other activities;
• The maintenance or removal of insulation on pipes, boilers or other parts of heating or water systems.

People who as part of their business, construct houses for subsequent transfer with land (whether by sale or other means) to domestic clients are known as developers under the CDM Regulations and have duties as clients.

If you have any doubt about whether the CDM Regulations apply to your project, or whether you have legal duties as a client, you should contact your local HSE office

How can I ensure my business is CDM Compliant?

To ensure that your company meets the CDM regulations, is recommended to have a CDM audit carried out by a third party. A CDM compliance audit provides an objective third party view of your company strengths and weaknesses in this area. The CDM compliance audit takes part in two separate stages. The initial approach is to gather information; this is followed by a detailed evaluation which will be presented in a formal report. If changes and alterations are noted in relation to CDM regulations, an objective project management company can assist with new implementation measures

Will CDM help with demolition?

CDM regulations play an invaluable role in the life cycle of development and demolition that occurs in process plants and manufacturing sites. The safe demolition of disused facilities is crucial and the CDM regulations provide a structured base from which to work. Many companies are understandably nervous of undertaking the demolition work that may be required at a site, especially when they consider the CDM regulations they have to adhere to. There is often a belief that costs will be prohibitive and the risks difficult to manage. In this instance, an impartial project management company can offer an important support service in this situation and provide services to assist with the adherence of CDM regulations:

• Fulfilling obligations under CDM
• Undertaking a full scoping and pricing study
• Selecting competent demolition contractors
• Managing the demolition project in reference to CDM
• Assessing the environmental impact

CDM Training for business

As well as understanding the ways in which CDM regulations affect your business, there is also the need for a constant monitoring or to ensure a safety-driven business culture. Training staff to be aware of and monitor CDM regulations can enable CDM safety to become part of everyday life. A project management/training company can support your CDM learning programme by a number of different techniques:

• Tool box talks for staff
• CDM training for Duty Holders
• Alliance and team building events to spread the safety message
• CDM mentoring for inexperienced construction staff

Who can help me ensure I comply and improve in line with CDM regulations?

Since the inception of the 1994 CDM regulations and the new regulations which came in force in April 2007, PROjEN have supported many clients to ensure compliance with the legislation. PROjEN's involvement with clients is flexible and multi-faceted. We can provide CDM support as a stand alone role, such as CDM Coordinator on internal projects. Alternatively the role of principal contractor,  CDM Coordinator and designer can be represented within a turnkey project or alliance scenario.

In addition to working alongside our clients, PROjEN have been active in the interpretation and development of the legislation via our role as a member of the CDM Duty Holders Support Group and our involvement in many safety initiatives. This means that our advice on procedural and documentation issues is comprehensive and well developed. This covers areas such as:

• Support on the development of Risk assessment
• Development of Health and Safety Plans and Files
• Compliance and reporting
• Auditing of the Construction Site
• Chairing and Supporting the Design Risk Assessments Process

Specialist consultants in CDM Support and Training

PROjEN PLC are a well established CDM coordinator recognised as being leaders in the delivery of industrial projects on a stand alone/turnkey basis or working alongside client companies.

As part of our service offering, PROjEN deliver a number of Business Improvement Products which have been carefully selected to add real benefits. These products have their foundation in the successful implementation of projects over the last 30 years, a statement given credence through the recognition of the European Construction Institute's 'Contractor of the Year 2003’ and 'Project of the Year 2004 and 2006’, Vale Royal business of the year 2006, ROSPA Gold Medal Award for 2007, High Sheriff of Cheshire award for enterprise 2007 and be excellence award winner for 2005.

PROjEN can work independently or alongside the client project owners, providing expert advice from day one. We supply crucial resource when it is needed, control budgets and programmes and ultimately deliver the project as the client originally intended. Our core business is the successful delivery of projects from feasibility, capital justification, front-end engineering, detailed design, through to full turnkey project completion, providing the client with single point responsibility.

In an age of specialisation, PROjEN can also offer a full design responsibility across all disciplines (Process, Control & Instrumentation, Mechanical, Electrical, Civil & Structural) in addition to Construction Supervision, Health and Safety, Procurement and Commissioning. Our extensive experience across a wide range of industries encourages cross fertilisation of ideas and adoption of best practice techniques. Our up to date knowledge and translation of current legislation and CDM regulations which allows PROjEN to provide practical help and advice at costs sufficient to satisfy current regulations.

Contact PROjEN plc

Head Office: PROjEN PLC, Winnington Avenue, Northwich, Cheshire, CW8 4EE
Telephone: 01606 871111
Fax: 01606 871133
Email: enquiry@projen.co.uk

For further information about CDM Regulations, CDM Support and CDM Training visit www.projen.co.uk