The Clients Duties Under The Construction (Design and Management) Regulations 2007
The revised CDM2007 Regulations came into force on the 6 April 2007 which revoked and replaced the Construction (Design and Management) Regulation 1994 and the Construction (Health, Safety and Welfare) Regulations 1996. They are supported by an Approved Code of Practice (ACoP), to give the construction industry time to plan and prepare for the changes.
What construction projects do the CDM2007 Regulations apply to?
The CDM2007 Regulations now apply to all construction work undertaken for a Client regardless of whether the project is notifiable.
The CDM2007 Regulations are in five parts with associated schedules, as set out below;
- Part 1 – Introduction
- Part 2 – General Management Duties Applying To Construction Projects
- Part 3 – Additional Duties Where Project Is Notifiable
- Part 4 – Duties Relating To Health & Safety On Construction Sites
- Part 5 – General
- Schedules 1 to 5
The duties in Part 3 will only apply where a project is notifiable and is carried out for a non-domestic Client and over 30 days or 500 person days of construction work.
What are a Client’s duties under the CDM2007 Regulations?
Under CDM2007 Regulations a Client (excluding domestic Clients) must check the competence and resources of all appointees for both notifiable and non-notifiable projects and only appoint those that are competent and fully resourced to undertake such work. They must allow sufficient time for each stage of the project, from concept onwards and give the minimum notice required to contractors before they are expected to start construction work. They must also make sure that reasonable management arrangements are in place throughout the project so that construction work is carried out without risk to health. They must provide pre-construction information to designers and contractors that is needed to identify hazards and risks associated with the design and construction work. Any gaps in this information should be filled by commissioning the necessary surveys or making other reasonable enquiries.
In addition to the general CDM2007 requirements a Client must appoint a CDM Co-ordinator and Principal Contractor on notifiable projects as laid down in Part 3. The Client will be deemed to be the duty holder for any period that no one is appointed. They must ensure that the construction phase does not start until the Principal Contractor has prepared a suitable Health and Safety Plan and made arrangements for suitable welfare facilities at the start of construction. The Client must also ensure that the Health and Safety File is prepared, reviewed, or updated (if one already exists) ready for hand over at the end of the construction work.
What is the role of the CDM Co-ordinator (CDM-C)?
The CDM-C replaces the Planning Supervisor and this is not only a change of title for the duty holder but they will take on additional duties and be seen as the Client’s advisor and assistant in helping them comply with their duties. The CDM-C must be appointed by the Client in writing as soon as is practicable after the initial design work for construction has begun.
The CDM-C will make sure that there are appropriate systems in place to encourage communication and the sharing of relevant information and manage the flow of information between team members. The CDM-C will notify the HSE of the project and identify and collect the pre-construction information and advise on any surveys needed to fill information gaps. They can advise on the competency of designers and contractors and will advise the Client on the suitability of the initial Construction Phase Plan and ensure that welfare facilities are on site from the start.
The CDM-C provides the client with a key project advisor in respect of construction health and safety risk management matters and is in place to co-ordinate health and safety aspects of the design work (pre-construction and during construction phases) and to prepare or update the Health and Safety File.
What does all this mean for our business?
Within the CDM2007 Regulations the language has changed, statutory duties are altered, enforcement is made easier and the focus has moved towards process and project management control of health and safety. The key aim of CDM2007 is to integrate health and safety into the management of a project by improving the planning and management of projects, identifying risks early on and discouraging unnecessary bureaucracy. Significant change surrounds the Client and design process and it is essential that all duty holders fully understand both their remit and responsibilities.
Any business commissioning construction work will now need to take into account the CDM2007 Regulations and have in place suitable management procedures for managing construction work for both non-notifiable and notifiable projects.
