The CDM Regulations 2007 came into force on 6 April 2007. However, a small number of MP's lodged a request for an Early Day Motion to rescind the new Regulations. A parliamentary debate took place on 10th May 2007. The MP's who requested the session failed to win the day.
Richard Jones, IOSH's director of technical affairs, attended the debate and said that he was "pleased" with the outcome:
"Seeking an annulment was wholly inappropriate and sent out entirely the wrong message to business. This type of knee-jerk reaction to health and safety improvements must never be repeated. We hope that those in positions to make decisions and influence public opinion act in a more responsible and considered way in future."
"CDM 2007 is about designing-in safety and taking a planned, risk-based approach. It's a win-win situation: workers and public will be protected and the client will avoid delays and unscheduled costs. It's about practical problem solving - getting the job done well and safely."
Our ToolKit CS™ Release 12 at the end of March included all the updates required for the management of the new CDM 2007 regulations. The extensive redevelopment of the software included many amendments to the management routines, conversion utilities for existing customers to ease the conversion of old 1994 style information into the new 2007 formats and much more besides. This was a huge release.
Customers requiring familiarisation or training in the new software routines should call us to arrange training sessions. Those who have taken training in the past have gained most benefit from the new features, quickly leading to a better understanding on how the software, and in particular the management reports, can help in their day to day business.
The new CDM 2007 Regulations ask construction Clients of notifiable projects to declare certain pre construction information to the HSE. This includes what has become known as the mobilisation period.
The Form 10 askes:
Regulation 15, partly reproduced below, gives the instruction behind the requirement.
The ACoP paragraphs 44-46 (below) give more information.
44 Co-operation between parties and co-ordination of the work are key to the successful management of construction health and safety. Co-operation and co-ordination can only be meaningful if the relevant members of the project team have been appointed early enough to allow them to contribute to risk reduction. This is particularly important during the design stage when both clients and contractors should contribute to discussions on buildability, usability and maintainability of the finished structure. Clients should seek to appoint those who can assist with design considerations at the earliest opportunity so that they can make a full contribution to risk reduction during the planning stages.
45 Unrealistic deadlines and a failure to allocate sufficient funds are two of the largest contributors to poor control of risk on site. When engaging designers and contractors, and for notifiable projects appointing CDM co-ordinators and principal contractors, clients have to consider the resources (for example staff, equipment and, particularly, time) needed to plan and do the work properly. Any contractors who are being considered for appointment should be informed of the minimum time period allowed to them for planning and preparation before construction work begins on site. Contractors should be given sufficient time after their appointment to allow them to plan the work and mobilise the necessary equipment (for example welfare facilities) and staff to allow the work to proceed safely and without risk to health. This is particularly important where the project involves demolition work - contractors must be given sufficient time for the planning and safe execution of any demolition activities.
46 Clients should consult with appointees (including the principal contractor) to find out how much time they will need for planning and preparation before work
Our ToolKit CS™ product now contains routines for collating this information following the extensive redevelopment work carried out on the product over the past months. In addition, we have recently completed an enhancement to the process for those users requiring it. If you have any issues with the logging of the mobilisation period, please contact us.
Our Awareness Seminars are available for those organisations interested in promoting the changes in the new regulations to their staff. If you are interested in receiving one of these seminars, please contact us to discuss our availability and pricing.
Not every breach of Health & Safety Regulations leads to prosecution. The HSE prosecutes only when it is justified and is in the public interest. But it is ready to prosecute when appropriate.
Three companies, a designer and a planning supervisor were recently prosecuted under the CDM regulations when their failure to communicate and co-operate contributed to a serious accident. Preston Crown Court imposed fines and costs of £108,400.
Further details are available in the monthly analysis of health & safety matters issued by our partners Callsafe Services.
The Institute of Employment Studies has recently carried out a comprehensive review for the HSE entitled "Taking risks with asbestos - What influences the behaviour of maintenance workers?"
The report (HSE Research Report RR558) gives extensive information about attitudes to asbestos, unveiling many misconceptions and fears, both warranted and unwarranted. It highlights actions that employers can take to support their staff and themselves.
The legal duty to manage asbestos goes well beyond carrying out a periodic survey. Controllers of non-domestic premises must take reasonable steps to determine the location and condition of materials likely to contain asbestos, presuming that they do unless there is strong evidence to the contrary. They must keep detailed records, assess how likely it is that anyone might be exposed to asbestos fibres and plan how to manage the risks. They must implement and monitor the plan. They need to inform anyone who may work on or disturb the materials of their location and condition.ToolKit CS™ is ideally suited to manage and, in particular, communicate all the information necessary to comply with the regulations. Call us for more information.
We welcome Rebecca Franks to the team this month in support of the work that the development and sales teams are engaged in.
Rebecca joins us at a time when we have more and more commitments to training and pre-sales support. We are sure she will become a very important part of our team.
A cautionary tale of woe.
If you are planning to purchase an electronic copy of the ACoP any time soon; take care. The new supporting services for HSE Books are less than swift and leave much to be desired. Hopefully ours was a one off experience of what we believe is a contracted out service by HSE Books. We have included a calming photograph for you to gaze at in case you experience a similar trauma.
We regularly receive updates from our customers and contacts about changes to legislation, the latest rumours and so on. We try to be selective with what we pass on and acknowledge our sources as appropriate. If you have information of general interest in the Health & Safety, and particularly, CDM and Asbestos Management arena, then please let us know by e-mail if possible.