Part 2: CDM (2007) - a brief overview

One of the first things to understand about the CDM Regulations is what is meant by "construction work".

According to the Regulations this means the carrying out of any building, civil engineering or engineering construction work. As well as "construction", this could include the alteration, conversion, fitting out, renovation, repair, upkeep, redecoration or other maintenance, de-commissioning, demolition or dismantling of a structure.

In addition, the Regulations apply to preparation work, such as site clearance, excavation or the laying of foundations, as well as the assembly (or disassembly) of prefabricated elements of a structure.

Importantly, the definition of "construction work" also includes the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure.

The key aim of CDM (2007) is to integrate health and safety into any "construction" project, with a particular emphasis on identifying hazards early on so that they can be eliminated or reduced at the design stage.

Client duties

Clients must check the competence of those involved in the project, and pre-construction information must be provided to designers and contractors. Clients must also allow sufficient time and resources for projects.

The Regulations outline the general management duties of all parties, such as designers, contractors and clients. It is worth noting at this stage that the extent of any duty under CDM (2007) "is in proportion to the degree of control which the individual or organisation has over the work in question."

For example, a contractor would normally be responsible for health and safety during excavation work, as you would expect them to control the way this type of work is carried out. As a result the contractor would need to comply with the requirements of Regulation 31 of CDM (2007) - which covers excavation work.

However, if the client specifies that excavation work must be carried out in a particular way, then the client will also have to ensure that their instructions comply with Regulation 31.

The CDM Regulations specify when the Health and Safety Executive (HSE) must be told about construction projects - known as 'notifiable projects'.

A notifiable project is one that lasts more than 30 working days OR which involves more than 500 person days - for example 50 people working for over 10 days.

Clients have additional duties when it comes to notifiable projects - in particular they must appoint a "CDM co-ordinator" and a "principal contractor".

Client duties, including those under notifiable projects, are looked at in more detail in the remaining sections of this feature...