Construction (Design and Management) Regulations 2007

The Construction (Design and Management) Regulations first became law in the United Kingdom on 31st March 1995. They were introduced as the UK's response to the European Union's "Council Directive 92/57/EEC" of 24th June 1992 on the implementation of minimum safety and health requirements at temporary or mobile work sites meaning any construction site at which building or civil engineering works are carried out.

A revised Approved Code of Practice came into effect on 1st February 2002. This code aimed to be a clear, authoritative guide, setting out practical ways to comply with the Regulations.

On the 6th April 2007 the foregoing were all replaced by the issue of the Construction (Design and Management) Regulations 2007.

CDM 2007, not only replaced the 1994 CDM Regulations, but also the Construction (Health Safety and Welfre) Regulations 1996.

The Approved Code of Practice for CDM 2007 targets the integration of health and safety into the management of the project. It states 'to encourage everyone involved to work together to:

improve the planning and management of projects from the very start;
identify hazards early on, so they can be eliminated or reduced at the design or planning stage and the remaining risks can be properly managed;
target effort where it can do the most good in terms of health and safety; and
discourage unnecessary bureaucracy.'

CDM 2007 is not intended to be a paperwork exercise, effort should be proportionate to the risks and complexity of the project, the aim being to reduce and/or manage risks. Paperwork produced should help communication and risk management, any paperwork which adds little to the managemetn of risk is a waste of effort.

So, don't just do what you did for the last job, do what you actually need to do for this job!

CJ Consilium are able to support and advise the client, designers and contractors of their duties under; and the implications of, the Construction (Design and Management) Regulations 2007 as well as providing an independent, efficient, focussed, cost effective service.

CDM Co-ordinators

The CDM Co-ordinator is a new role in the construction industry created by the Construction (Design and Management) Regulations 2007. The CDM Co-ordinator replaces the planning supervisor from the previous 1994/2002 Construction (Design and Management) Regulations.

The intention is that the client appoints a CDM Co-ordinator who then becomes the 'clients friend' and guides the client through the regulations, relative to the project at hand, to assist the client in understanding and complying with the duties placed upon them by the Construction (Design and Management) Regulations 2007.

The Approved Code of Practice for the Construction (Design and Management) Regulations 2007 refers to the CDM Co-ordinator as the clients 'key project advisor in respect of Construction Health and Safety risk management matters'.

The approved Code of Practice gives guidance as to the qualifications that clients should look for when seeking to appoint a CDM Co-ordinator and defines the duties of the CDM Co-ordinator.

All CJ Consiliums CDM Co-ordinators are qualified through the Institution of Construction Safety in accordance with the Approved Code of Practice.

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Clients under CDM 2007

Under the Approved Code of Practice for CDM 2007 clients are made accountable for the impact their approach has on the health and safety of not just those working on the project but also those affected by the project for instance the general public.

The regulations acknowledge that many clients are not knowledgeable about construction health and safety, so clients are not required to plan or manage a project themselves under the regulations. Whilst the client is legally required to ensure various things are done they are not normally expected to do them themselves.

For a project that is notifiable to the Health and Safety Executive under CDM 2007, clients must appoint a competent CDM Co-ordinator. Clients should rely on the CDM Co-ordinators advice on how to best meet their duties as client, likewise the CDM Co-ordinator will need the clients support and input to be able to undertake their own duties as Co-ordinator effectively.

Under CDM 2007 a client is an organisation or individual for whom a construction project is carried out. Clients only have duties under CDM 2007 when the project is associated with a business or other undertaking, whether for profit or not.

For advice on determining whether you are a client under the regulations for the project at hand and/or advice on whether or not your project is notifiable under CDM 2007 please call us on 01159 462031.

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Designers under CDM 2007

Designers are those who are involved in preparing designs for construction work including drawing, design details, specifications, bills of quantities and the specification of articles and substances.

The approved Code of Practice states that Designers therefore 'include architects, civil and structural engineers, building surveyors, building services designers, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall responsibility for, any part of the design........ anyone who specifies or alters a design or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor or client'.

On all projects designers should in accordance with the Approved Code of Practice for CDM 2007:

ensure they are competent and adequately resourced to address the health and safety issues likely to be involved in the design.
check that the client is aware of their duties.
when preparing a design, eliminate hazards and avoid foreseeable risks to those constructing and those using the completed structure and reduce risks from those hazards that remain.
provide adequate information about any significant risks associated with the design.
co-ordinate their work with that of others in order to improve the way in which risks are managed and controlled.

Designers need to be aware and consider the hazards and risks to those who will carry out the construction work, those who may alter, extend, adapt or demolish the structure, those who will clean or maintain the structure, those who will use or work in the structure and any person who may be affected by such work, including the general public.