Callsafe Services Limited help to explain the Health and Safety Executive’s interpretation of what is construction and the application of CDM2015…
As the transitional provisions of the Construction (Design and Management) Regulations 2015 (CDM2015) ended on 6th October 2015, ALL construction work must now fully comply with the duties and requirements of CDM2015.
Application of CDM2015
The normally understood definition of construction of new build and major refurbishment work also applies to ongoing maintenance and repair of buildings, building services, utilities and other fixed plant and systems.
The following extract from Q&A Briefings – Construction Division – Construction (Design and Management) Regulations 2015 further explains the Health and Safety Executive’s interpretation of what is construction.
Q1. Does CDM 2015 apply to all maintenance work?
The definition of maintenance work has not changed. If the task in hand looks like construction work, requires construction skills and uses construction materials, it is construction work. General maintenance of fixed plant which mainly involves mechanical adjustments, replacing parts or lubrication is unlikely to be construction work.
If the maintenance work is construction work, and there is only one contractor, no PC or PD appointment is required. If more contractors are brought in, then a PC and PD need to be appointed for that particular project.
All construction work under CDM2015 requires planning, but the plan for smaller jobs should be simple, short and proportionate to the risks.
Example: Changing a lamp in a light fitting would not be construction, but repairing or replacing the light fitting would be construction.
CDM2015 applies to any construction work performed for both commercial and domestic clients, and is not dependent on the time taken for the work or the number of persons performing the work.
Appointments and the health and safety file
The appointments of the principal designer (PD), replacement for the CDM coordinator, and the principal contractor (PC), and the requirements for a health and safety file, only apply where the project may involve more than one contractor for the delivery of the project. A contractor is any organisation performing construction work, including the client’s personnel performing construction work, main contractors, specialist contractors and sub-contractors.
Note that the appointments and the health and safety file requirements were linked to the notification of the project under the previous version of the regulations (CDM2007), and that this is no longer the case. Linking these requirements to ‘more than one contractor’ means that the appointments and health and safety file are required for much smaller projects.
Example: Replacing the light fitting by a client employee (maintenance technician), with an electrical contractor employed to perform the electrical isolations and the work, would be two contractors and would require the appointment of a principal designer and principal contractor and the production of a health and safety file.
Notifications
Notification of a construction project is now a stand-alone part of the regulations, and does not cause any other parts of the regulations to apply. These notifications are now required to be performed electronically, through the Health and Safety Executive (HSE) website by the client, or on the client’s behalf.
Fewer notifications will now be required than were required under CDM2007, as the notification criteria now is that the construction phase(s) include 30 working days, and at some point more than 20 persons working or involve over 500 person days/shifts. The 20 persons is the changed requirement, and will result in fewer projects being notified.
Example: If the project involves 100 working days with an average of 4 persons working and at no time more than 20 persons working, the project is not notifiable.
Construction phase plan
Under CDM2007 a construction phase plan was only required to be prepared and managed by the principal contractor on notifiable projects. CDM2015 requires all construction work to be performed under the control of a construction phase plan, not taking into account whether the project is notifiable or not, how long the project will take or how many people or contractors are involved or whether a principal contractor is appointed.
Example: Replacing the light fitting by a client employee (maintenance technician, electrically qualified), without any other contractors involved will still require a construction phase plan to be produced by the client, who is also the contractor for this project.
Additional client duties
CDM2015 places more significant duties on client than were placed on them under CDM2007. The client is now much more involved in the health and safety management of projects and must ensure that the appointed principal designer and principal contractor are complying with their duties. The client must also ensure that the health and safety file is compliant with the regulations.
These additional requirements on clients have been imposed by CDM2015 whilst at the same time the client’s advisor under CDM2007 (CDM coordinator) has been removed. The principal designer does not have any duties to advise and assist the client with the client duties, except with regards to the pre-construction information.
The HSE have stated that this advice and assistance could be provided by the client’s health and safety advisor, required by the Management of Health and Safety at Work Regulations 1999. The HSE have also stated that if that person or persons are not skilled, knowledgeable, experienced in construction health and safety management and CDM, or do not have the time and resources to provide this advice and assistance, the client could engage an external organisation to provide this service. These organisations are calling themselves CDM advisors or CDM consultants.
Advice, assistance and training
If you need external advice and assistance you should talk to Callsafe Services Limited, who provide these services, also being appointed as principal designer and CDM advisor by our clients. Additionally we offer both accredited and non-accredited training in the requirements of the CDM2015. Contact us for more details.
Callsafe Services Limited
Yardley House
11 Horsefair
Rugeley
Staffordshire
WS15 2EJ
Tel: 01889 577701
enquiries@callsafe-services.co.uk
