The Construction (Design & Management) Regulations 2007
There is a greater emphasis on the client under the CDM 2007 Regulations, which came into force on 6 April 2007, whereby the client can no longer transfer their responsibilities to a third party.
One of the major amendments in CDM 2007 is the change of planning supervisor to the new role of "CDM co-ordinator", to assist clients in discharging their duties, to create an empowered and key advisor, providing advice and support to the client, as a pivotal figure in the project team.
pcm's co-ordinator services are designed to ensure not only legislative compliance but added value. Value is imparted via our specialisms in design, occupational safety; construction safety, assessment of risk and end user documentation.
No person shall appoint or engage any CDM co-ordinator, designer, principal contractor or contractor unless they have taken reasonable steps to ensure their competence, for which there are detailed guidelines. Also no person shall accept such an appointment unless they are competent.
In future, on notifiable projects, the CDM Co-ordinator must be appointed (in writing) by the client and a notice must be given to the Executive (HSE) as soon as practical after initial design work or other preparation for construction work has begun.
The client shall be deemed to have appointed himself as CDM co-ordinator and principal contractor, if no other person has been appointed and shall be subject to their competence requirements and duties.
The client also has to ensure suitable welfare facilities are provided before construction work commences and any structure for use as a workplace is designed to take account of the Workplace (Health, Safety and Welfare) Regulations 1992.
A CDM co-ordinator should be in a position to advise clients regarding the competence of designers and contractors. Designers will not be allowed to commence work on notifiable projects (other than initial design work) unless a CDM co-ordinator has been appointed.
The pre-construction health and safety plan will be replaced by similar documentation called the "pre-construction information".
The application of CDM has changed, with the more than 4 persons on a site rule being removed. In future, construction work under 30 days / 500 person days will not be notifiable and there will be no requirement for a CDM co-ordinator, principal contractor and construction phase health and safety plan. However, a written health and safety plan will still be required if there are significant hazards and for demolition.
For non notifiable projects where the risks are high, pcm offer clients the 'CDM health and safety advisor' service to assist the client to comply with their duties.
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