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We are about to release our new website for Construction Work, based on the new CDM Regulations that came into force on the 6th April 2007. You can access it at http://www.edp-uk.com/construction/.

This month’s main article introduces the new regulations; what they are about, who is affected and why it is in your interest to know about them before you start thinking about having any building work done.

It needn't be so. By working together we can dramatically improve the industry's reputation.

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New Construction Regulations and You

The new CDM 2007 Regulations are now in force and will impact all construction projects in one way or another.

If you think you are not in the Construction industry and therefore they don’t affect you, you are probably wrong. For example, if you have responsibility for any property that needs occasional maintenance work then, as the Client, you have to comply with some very specific duties.

The "Construction (Design and Management) Regulations 2007" replace two previous sets of regulations:

• The Construction (Design and Management) Regulations 1994
• The Construction (Health, Safety and Welfare) Regulations 1996

The aim is to build health and safety into every stage of construction projects. That means everyone involved with a project must take account of health and safety – starting with the Client and including Designers, Principle Contractors, Contractors and Workers.

The new regulations are also aimed at discouraging unnecessary bureaucracy, eliminating hazards at the earliest stages of design and focussing effort where it will be most effective

Why New Regulations?

The Approved Code of Practice that accompanies the Regulations states the philosophy behind them in terms of:

If risks are eliminated or minimised, as well as paying dividends in terms of enhanced health and safety, it will also result in ". . .reductions in the overall cost of ownership because the structure is designed for safe and easy maintenance and cleaning work and because key information is available in the health and safety file."
(ACoP Page 1, Para 5)

This philosophy translates into a number of practical aims, including:

• Make safety an integral part of managing construction projects
• Identify risks as early in the design stage as possible
• Encourage cooperative working between all parties
• Improve project planning
• Reduce bureaucracy

Where Are the Benefits?

Any legislation to do with Health and Safety has as its primary benefit the welfare of people – meaning the workers and anyone else affected by the work.

However, when handled correctly, the combination of legislation and looking after health and safety delivers other tangible benefits for companies, for example:

• Productivity increases as lost time from accidents and incidents is reduced
• Reputation is enhanced without the need to employ expensive PR consultants
• Morale and Loyalty improves as employees see that their welfare matters
• Vital Skills are retained and safeguarded
• Penalty Payments from enforcement agencies are no longer a threat
• Insurance Premiums can be negotiated down on the basis of good accident records

Whilst these benefits clearly apply to construction firms and those in related professions, many of them also impact directly on clients who either do their own building and maintenance work or contract it out to others.

For the best professional advice, give us a call on 01744 766000 or complete the Enquiry Form on our website.

Specific Duties

So what is at the core of the changes? In the past a Planning Supervisor was appointed for all notifiable projects.

("notifiable" means notifying the HSE about a project if the construction phase is likely to involve more than 30 working days or 500 person-days of construction work for the client)

Under the new regulations, the Planning Supervisor is replaced by the CDM Coordinator, who should be appointed as early in the project as possible to assist the client in complying with Health and Safety requirements.

Other roles also have defined duties under the new regulations, for example:

• Designers, which includes anyone responsible for any part of the design work and could therefore include Architects, Project Managers, Quantity Surveyors, Engineers, Interior Designers or anyone else who is traditionally employed as a "contractor".
• Principal Contractor, who is the key duty holder responsible for including health and safety compliance in the overall planning, effective management and coordination of the construction phase.
• Contractor, covers any person who, as part of their business activities, carries out or manages construction work.

The regulations lay down very specific duties for these roles, along with the Client and the CDM Coordinator.

Sources of Information

You can read about the duties for each role on our website

We also provide other useful reference information that you may need when you are considering a construction project, including:

• Glossary of Terms most commonly encountered in relation to construction work.
• Legal Acts and Regulations affecting construction work.
• Useful Web Links to additional construction information.

You can find this, and much more information on our Construction Website at
http://www.edp-uk.com/construction/

For a no-obligation appointment you can complete the short enquiry form or give us a call on 01744 766000.

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It's Good to Talk

Some of the issues that the new regulations are intended to address were illustrated by a recent case on a building site in Cambridge.

The accident involved a workman who was seriously injured due to falling from height. It occurred when the man fell 5 metres into an open stairwell. The risk had been identified but the communication and cooperation between the three contractors on the site was so poor that nothing was done to address the risk.

All three contractors were found liable and between them they paid more than £33,000 in fines and court costs. In addition to the fines, and the human cost for the workman, the companies also suffered from loss of production, the negative impact on other workmen and the bad publicity surrounding the case.

The comments of the HSE Inspector sum up the needless loss in this case:

"Falling from height is a significant cause of death and serious injury on construction sites. The precautions required are not difficult or costly. A great number of the incidents investigated by HSE show that where multiple contractors are involved it is a failure to properly manage and coordinate their actions, which underpin them. Good communications between the Principal Contractor and Specialists contractors is the key to success"

Under the new regulations, a CDM Coordinator must be appointed for all construction projects that are notifiable to the HSE. Amongst other duties, the CDM Coordinator is the client's primary advisor on all health and safety matters, so you need to appoint someone you can trust who has all the right credentials. Why not give us a call on 01744 766000.

As inferred above, the case was publicised in various places, though full details are available from the HSE's own website

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We have been busy revising our legal pages to make them as comprehensive as possible and easier to navigate. Acts and Regulations are now listed under topical headings, bringing related items together.

Each of the major health and safety Acts and Regulations are listed, along with the year of publication and the Statutory Instrument series number. Where we have identified subsequent amendments, we have listed them in the sequence they were published.

The aim is to provide easy access to the full legal texts that are most relevant to the majority of our readers.

You can view the result at http://www.edp-uk.com/law_regulations.htm

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