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CDM
The Construction (Design and Management) Regulations 1994

Information to Clients

This project will be subject to the Construction (Design and Management) Regulations 1994 and pursuant to these regulations you may need to notify the project to the Health and Safety Executive and appoint a "Planning Supervisor" to prepare the necessary Safety plans, Safety File and co-ordinate Health and Safety. You may also need to appoint a "Principal Contractor" for the purposes of the safety aspects of the project on site.

If you require any assistance in the appointment of the Planning Supervisor etc. please let me know.

The Construction (Design and Management) Regulations 1994

These regulations became law in England and Wales in April 1995. They control how building projects are run in order to protect the health and safety of construction workers and future building users. The regulations place strict duties on Clients, Designers and others.

This document is a brief summary of the regulations where they affect you: the Client.

Contents

  • Designer's Duties
  • When the regulations apply
  • Your duties as the client
  • Ascertaining the competence of the various persons
  • Further duties you have as the client
  • The responsibilities of others
  • Further reading and contacts
  • Notifying the Executive
  • If you intend to appoint us as designers
  • If you intend to appoint us as planning supervisors
  • A check list for clients fulfilling their site analysis responsibilities
  • Suggested form for notifying the Executive

Designer's duties

The designer or designers are obliged to ensure their designs and specifications do not cause unnecessary hazards during building. They must identify sources of potential hazard on the drawings and/or in the specifications.

The designer must inform the Client of your responsibilities under these regulations.

When the regulations apply

The regulations apply to all building work when you have reason to believe that either of the following will occur:

1. the project will last more than 30 days, or will involve any demolition or dismantling of a structure;

2. there will be 5 or more persons engaged on-site at any one time;

The regulations do not apply if you are having your own house built or altered (unless there is some demolition) although you must still notify the HSE about your project.

Your duties as the Client

Essentially you must ensure you appoint appropriate people to run the project. The law requires this of you. You may appoint a competent agent (the Client's Agent) to carry out your job.

Designers

You must take reasonable steps to ensure that any designers (e.g. Architects, Engineers, Quantity Surveyors) you appoint are competent to undertake the design work.

Planning Supervisor

You must appoint a Planning Supervisor, and take reasonable steps to ensure that the person you appoint is competent to perform the role of Planning Supervisor.

Principal Contractor

You must appoint a Principal Contractor, and take reasonable steps to ensure that the person you appoint is competent to perform the role of Principal Contractor.

Ascertaining the competence of the various persons

In order to be satisfied that the persons you appoint are competent, you are expected to carry out the following, or other justifiable researches.Competence of Designers

1.Check for membership of a relevant professional body.

2.Check that the designers are familiar with the construction process, and the design implications on health and safety for your project.

3.Check that the designers are aware of health and safety legislation and risk assessment methods.

4.Check the health and safety practices employed by the designer.

5.Ascertain the competence of the persons employed by the designers, and the adequacy of any external resources the designers will use.

6.Check that the designers have adequate time to carry out their work.

7.Check that the designers have adequate technical facilities.

8.Check that the design team has effective methods of communication.

9.Check the way the designers will communicate the health and safety hazards they identify in the project.

 

Competence of Planning Supervisor

1.Check for membership of a relevant professional body.

2.Check that the planning supervisor is familiar with the construction process, and the design implications on health and safety for your project.

3.Check that the planning supervisor is familiar with, and understands the function of the design process.

4.Check that the planning supervisor understands health and safety (including fire safety) issues for your project, and particularly in the preparation of a

'Health and Safety Plan'.

5.Check that the planning supervisor has the ability to co-ordinate the work of the designers, and is able to act as the bridge between design and work

on site.

6.Check the relevance of the experience and qualifications of any persons employed by the planning supervisor.

7.Check how the planning supervisor intends to ensure that appropriate people and resources are being allocated to the project.

8.Check that the planning supervisor has adequate time to carry out his/her work.

9.Check that the planning supervisor has adequate technical facilities.

 

Competence of Principal Contractor

1.Check that the people who will manage and carry out the work have adequate skills, knowledge, experience and training.

2.Check that the contractor has adequate time to carry out the various stages of the work.

3.Check that the contractor will employ persons in compliance with health and safety laws.

4.Check that the contractor has the appropriate technical and managerial approach to dealing with the risks the planning supervisor has caused to be in

the project 'Health and Safety Plan'.

 

Competence of other Contractors

If you insist that the principal contractor is to use the services of a particular subcontractor, or appoint any other contractor yourself, you will have to be

satisfied that those contractors are competent. You are expected to carry out the following, or other justifiable researches.

1.Check that the contractor has adequate arrangements in place to manage health, safety and fire risks.

2.Check the procedures the contractor will adopt to develop and implement the project 'Health and Safety Plan'.

3.Check how the contractor will deal with the risks identified by the designers and the planning supervisor.

4.Check how the contractor will monitor his/her compliance with health and safety law.

5.Check that the people who will manage and carry out the work have adequate skills, and training.

6.Check that the contractor has adequate time to carry out the various stages of the work.

7.Check that the contractor will employ persons in compliance with health and safety laws.

 

Nothing in the legislation prevents you from taking on the role of the designer(s), planning supervisor, or contractor, providing you have appropriate qualifications, competence, experience, skills, training, etc.

 

 

 

Further duties you have as the Client

 

In addition to ensuring the competence of those persons you appoint, you must also undertake the following duties.

 

Hazards on your land or in your buildings

You must take reasonable steps to identify any health and safety hazards your land or buildings contain. You must pass this information on to your planning supervisor.

 

Starting the construction phase

You must (with the advice of your planning supervisor) ensure that the work does not start on site until an adequate 'Health and Safety Plan' has been prepared. (The planning supervisor must ensure a Heath and Safety Plan is prepared.)

 

After the work is finished

By virtue of these regulations a 'Health and Safety File' will be made and kept for the project, then given to you. You must ensure that you keep the file safely, and show it to anyone in the future who has reasonable cause to see the file. If the building is sold, you must give the file to the new owner.

 

 

 

The responsibilities of others

 

The regulations impose a vast number of duties on designers, planning supervisors and contractors, not just on the client. These duties are too numerous to explain here.

 

 

Further reading and contacts

 

The regulations and the approved code of practice are contained within the document 'Managing construction for health and safety' published by the Health and Safety Executive, and available by mail order at 7.95 from HSE Books on (01787) 881165. Consult the Yellow Pages for Health and Safety Executive under Government Organisations

 

 

 

Notifying the Executive

 

If you intend to act as the Planning Supervisor (which is not advisable unless you have the relevant experience) you will need to inform the local office of the Health and Safety Executive about your project if you expect it to last for more than 30 days or if it involves any demolition. Completing the form at the end of this document may be accepted by the Executive as proper notification. If you are having work done on your own house you may use this form, filling in only the relevant sections, and send it to the HSE.

 

 

 

 

If you intend to appoint us as designers

 

You must satisfy yourself that we are competent to perform a design function. We accordingly offer the following statement.

 

We confirm that Bakewell and Partners:

1.is a bona fide firm registered with the Royal Institute of British Architects;

2.is familiar with the construction process, and the design implications on health and safety for typical projects;

3.is aware of health and safety legislation and risk assessment methods;

4.employs a health and safety management system;

5.employs only staff qualified to perform the allocated function; and uses only those external resources which are adequate for the purpose;

6.has technical facilities commensurate with a professional architect's office;

7.is conversant with the techniques necessary to communicate with any other designer and health and safety hazards with the planning supervisor.

 

It is your responsibility to ensure that we have sufficient time to carry out the design function. As a rule of thumb the design process should take something like

2 person.weeks for each 10,000 project value, plus the time taken to gather site information, plus the time taken to consult statutory bodies. The adequacy

of resources allocated depends crucially on the adequacy of our fee. We cannot offer adequate resources for fees lower than our standard scale. Appointing

us as designers under CDM requires you to accept our standard fee scale.

 

 

 

If you intend to appoint us as planning supervisors

 

You must satisfy yourself that we are competent to perform the planning supervisor's function. We accordingly offer the following statement.

 

We confirm that Bakewell and Partners:

1.is a bona fide firm registered with the Royal Institute of British Architects;

2.has an excellent understanding of the design process;

3.is familiar with the health and safety control hierarchy to minimize and manage risks to those engaged in construction;

4.employs a health and safety management system;

5.is aware of relevant health and safety legislation, and is competent to review designs to ensure designers have complied with their CDM

responsibilities;

6.has the ability to co-ordinate the activities of the designers;

7.is familiar with health and safety issues including the preparation of an outline health and safety plan;

8.has sufficient knowledge of the CDM regulations to advise the various parties involved in the contract in relevant matters.

 

The adequacy of resources allocated depends crucially on the adequacy of our fee. We cannot offer adequate resources for fees lower than our standard

scale. Appointing us as planning supervisors under CDM requires you to accept our standard fee scale.

 

 

A check list for clients fulfilling their site analysis responsibilities

 

You are required to investigate your own site and buildings at an early stage for conditions which may cause a health and safety hazard, and you must inform the planning supervisor. The following list, which is not exhaustive, may help you. must notify the planning supervisor in writing of your findings, whether positive or negative.

 

Existing buildings

1. Check there is no sign of, or reasonable suspicion that any buildings are contaminated with hazardous materials, such as asbestos, combustible or explosive materials, toxic substances.

 

2. Check that no existing structure is unsafe.

 

Your land

3.Check there is no sign of, or reasonable suspicion that the site is contaminated with any hazardous or toxic material, including methane producing matter.

 

The surroundings

4. Check there is no sign of, or reasonable suspicion that any surrounding land or buildings may present a hazard to site workers or occupants of your building.

 

5. Check that no neighbour or adjacent building is especially vulnerable to the anticipated building operations or the use you will put your building to.

 

Existing occupation

6. Notify the planning supervisor in writing about how and when you or those for whom you are responsible will be on site during the building works.

 

Site history

7. Send to the planning supervisor any copies of reports, surveys, plans, etc. you have (including the health and safety file prepared for any previous work), and make the planning supervisor aware of any you know to have existed but are mislaid.

 

 

Suggested form for notifying the Executive:

 

 

Date: ___________________

 

Exact address of site: _____________________________________

_____________________________________

_____________________________________

Description of project: _____________________________________

_____________________________________

 

Name and address of Client(s): _____________________________________

_____________________________________

_____________________________________

 

 

 

 

 

 

 

 

 

 

 

 

Name and address of planning supervisor: _____________________________________

_____________________________________

_____________________________________

 

I confirm I have been appointed planning supervisor in accordance with the CDM regulations for this project

 

Signature of planning supervisor: _____________________________________

 

Name and address of principal contractor: _____________________________________

_____________________________________

_____________________________________

 

I confirm I have been appointed principal contractor in accordance with the CDM regulations for this project

 

Signature of principal contractor: _____________________________________

 

Intended start date of construction: ___________________

 

Planned duration of construction: ___________________weeks

 

Planned no. of contractors on site: ___________________

 

Details of any chosen subcontractors: _____________________________________

 

_____________________________________

_____________________________________

_____________________________________

_____________________________________

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