Introduction

Chaotic management on building sites has killed and injured generations of building workers and allowed clients, architects and contractors to evade the consequences specifying toxic materials and unsafe work methods.

Now an important tool is placed in safety reps' hands in the form of The Construction (Design and Management) Regulations 1994 (CDM). CDM aims to improve the management of health, safety and welfare through all stages of a construction project. They also ensure that safety information about a building is available for construction workers and users of the building after construction has ended.

Safety representatives will be able to use the regulations to fight for better health and safety standards in all building work.

The basic idea of CDM is to define a number of roles in construction projects - clients, planning supervisors, designers and contractors - and place specific duties on each role along with a general duty to co-operate with each other.

CDM also requires two important new documents, the health and safety plan during a project and the health and safety file at the end.

Where CDM applies

The Regulations took effect from 31 March 1995.

CDM basically applies to:

• All demolition work where safety is enforced by the HSE
• All building and maintenance work which is notifiable to the local HSE (i.e. lasts more than 30 days) or which involves 5 or more workers
• But not work on domestic premises or minor work in occupied offices, shops or similar premises.

There are some complicated borderline cases and if in doubt you should check the full guidance.

What employers must do

The Client

The client is the firm or individual for whom a project is carried out, and must

• Appoint a planning supervisor and a principal contractor and ensure that they are competent and have sufficient resources to carry out their health and safety responsibilities
• Ensure that construction work does not start until a suitable health and safety plan has been prepared by the principal contractor

Ensure the health and safety file is available for inspection after construction

(Regulations 4-12)

The Planning Supervisor

The Planning Supervisor has to co-ordinate the health and safety aspects of the project design and initial planning and must

• Ensure a pre-tender safety plan is prepared
• Ensure a safety file is prepared and delivered to client on completion of the work
• Ensure that designers comply with health and safety duties, are competent and co-operate with each other

The Designer

The designer must

• Ensure that structures are designed to avoid risks to health and safety or reduce risks at source if they cannot be avoided altogether
• Provide adequate information on health and safety and ensure this is passed to the planning supervisor for inclusion in the health and safety plan

The Principal Contractor

The principal contractor must

• Take over the health and safety plan and ensure it is developed and implemented
• Ensure that contractors are competent and that they co-operate and comply with health and safety duties
• Ensure that contractors are provided with information
• Ensure that employees are properly consulted, informed and trained
• Pass information for the health and safety file to the planning supervisor

The Health and Safety Plan

There should be a pre-tender plan which describes the work and risks to workers. Then a full health and safety plan must be developed for the construction phase. This should include

• A description of the project
• Arrangements for managing the project and monitoring compliance with health and safety requirements
• The risks to health and safety
• Arrangements for the welfare of people working on the project

Guidance to the regulations sets out in detail the range of information which should be included in the plan.

The Health and Safety File

A health and safety file must be prepared providing the end user with information about the risks which have to be managed during maintenance, repair, renovation or demolition. This must be made available to anyone doing any future work on the structure. Guidance to the regulations recommends that the file include

• Drawings and plans
• The design criteria
• The construction methods and materials used
• Maintenance procedures for the structure
• Specialist operating and maintenance manuals
• Location and nature of all utilities and services including emergency and fire-fighting systems

Rights of employees and self-employed workers

You have rights:

• to health and safety information and training related to the construction work
• to express your views to the principal contractor about any health and safety matters related to the construction work
• The principal contractor is responsible for making arrangements for both of these.

Before you start work, your employer must give you:

• the name of the planning supervisor and principal contractor
• the health and safety plan or relevant parts of it

Other legislation still applies

There are several existing regulations which deal with specific processes and facilities. CDM replaces only the general management obligations of these. So in following CDM, employers must comply with:

• The Construction (General Provisions) Regulations 1961
• The Construction (Lifting Operations) Regulations 1961
• The Construction (Working Places) Regulations 1966
• The Construction (Health and Welfare) Regulations 1966

Action to take

Before starting work make sure that your employer or the contractor you are working for provides you with health and safety information and training and make sure that you know who the principal contractor is (not necessarily the biggest on site).

If you are not satisfied use your right to speak to the principal contractor about health and safety matters that concern you.

If you carry out any repair, maintenance or demolition on buildings in the future ask to see the health and safety file for the building first.

If the building work is not covered by CDM ask for health and safety information that meets the same standards.

If you are a safety representative, use CDM to secure safe conditions for all construction work and work on buildings. Use your additional consultation, information and inspection rights under the Safety Representatives and Safety Committees Regulations 1977 to

• ensure you are consulted and involved from the start
• check the health and safety plan
• check the name of the planning supervisor and principal contractor
• check that members have been given health and safety information and training
• check the health and safety file

If management are not complying with CDM it may be worth tipping off the HSE. They have been talking tough on enforcing CDM, for what that is worth, and at the time of writing two prosecutions had been brought.

Resources

Managing Construction for Health and Safety - Construction (Design and Management) Regulations 1994 - Approved Code of Practice
£7.95 from HSE Books 01787 881165. Free leaflets and Construction Information Sheets also available from HSE local area offices.

LHC Members