January 2009

Following last month’s article on Health & Safety, the FMB Information Department now introduces the Construction Design and Management (CDM) Regulations 2007 which are intended to focus on planning and management of safety throughout construction projects (which includes electrical works), from design concept onwards.

The aim is for Health & Safety considerations to be treated as an essential and normal part of the project’s development. The 2007 Regulations completely replace the earlier 1994 CDM Regulations and the Construction (Health, Safety and Welfare) Regulations 1996.

CDM 2007 aims to:
 

• Encourage everyone on the construction project team to work together to make Health & Safety an integral part of the design, construction and management of the project
• Improve planning and management to identify hazards so that they can be eliminated or properly managed
• Encourage co-operation and co-ordination of Health & Safety issues on the project.

The CDM Regulations apply to all construction work (regardless of size, duration or client) but there are additional duties for projects where construction work has to be notified.

Notification is required if the construction project is not for a domestic client and is likely to:
 

• Last longer than 30 days, or
• Involve more than 500 person days of construction work.

Any day on which construction work is carried out (including holidays and weekends) should be counted, even if work on that day is of short duration (a person day is one individual carrying out construction work for one normal working shift).

Please note that a domestic client is someone who lives, or will live, in the premises where the work is carried out - the premises must not relate to any trade or business undertaking.

Also you do not need to appoint a CDM co-ordinator or principal contractor, draw up a written construction phase plan or keep a Health & Safety file for a domestic client.

CDM 2007 lists the following key personnel and their key roles:

The client should
 

• Check the competence and resources of all the appointees that they propose to engage for the work
• Ensure that managerial arrangements made by duty holders (including time and other resources) enable construction work to be undertaken without risk to health or safety for all stages of the work
• Ensure that these arrangements are maintained and reviewed throughout all stages of the project
• Provide pre-construction information to designers and contractors and tell them how much time they have for planning and preparing construction work before starting on site
• Ensure there are suitable management arrangements for welfare facilities.

Where projects are notifiable clients must also:

• Appoint a CDM co-ordinator and a principal contractor who will be in place until the end of the construction phase
• Make sure that the construction phase does not start unless a construction phase plan is in place and there are suitable welfare facilities available
• Provide information relating to the Health & Safety file to the CDM co-ordinator
• Retain and provide access to the health and safety file.

The CDM co-ordinator
A CDM co-ordinator is only required where the project is notifiable. They should:
 

• Advise and assist the client with their duties
• Notify the HSE of the project using an F10 form
• Co-ordinate Health & Safety aspects of design work and cooperate with others involved with the project
• Facilitate good communication between client, designers and contractors
• Liaise with the principal contractor regarding ongoing design
• Identify, collect and pass on pre-construction information
• Produce and update a Health & Safety file.
   

The designer

On all projects designers need to:

• Avoid risks to the health or safety of any person, eliminate hazards as far as is reasonably practicable and reduce risks from any remaining hazards during design
• Provide information about remaining risks.

Where projects are notifiable designers must also:

• Check that the client is aware of his duties and that a CDM co-ordinator has been appointed (designers are prohibited from doing anything more than initial design work before the CDM co-ordinator is in place)
• Provide any information needed for the Health & Safety file.

The principal contractor

A principal contractor is only required where the project is notifiable. They should:
 

• Plan, manage and monitor the construction phase so that it is carried out without risks to Health & Safety, as far as is reasonably practicable
• Prepare, develop and implement a written Health & Safety plan and site rules and give contractors relevant parts of the plan (the initial plan should be completed before the construction phase begins)
• Check the competence of all the appointees on the project
• Ensure all workers have site inductions and any further information and training needed to carry out the work safely and without risks to health
• Liaise with the CDM co-ordinator regarding ongoing design and consult with the workers
• Make sure suitable welfare facilities are provided from the start and maintained throughout the construction phase
• Secure the site.

Contractors - on all projects

On all projects contractors need to:

• Plan, manage and monitor their work and that of their workers to ensure that it is carried out without risks to Health & Safety
• Check the competence of all their appointees and workers
• Train their own employees and provide information to their workers
• Comply with any requirements listed in Part 4 of the CDM Regulations, relating to Health & Safety on construction sites
• Ensure that there are adequate welfare facilities for their workers.

Where projects are notifiable contractors must also:

• Check that the client is aware of his duties, that a CDM coordinator has been appointed and that the HSE has been notified before starting work
• Co-operate with the principal contractor in planning and managing work, including reasonable directions and site rules
• Provide details to the principal contractor of any contractor whom he engages in connection with carrying out work
• Provide any information needed for the Health & Safety file
• Inform the principal contractor of any problem with the Health & Safety plan
• Inform the principal contractor of reportable accidents, diseases and dangerous occurrences.

The workers on all projects

All employees or self-employed persons on construction sites should:

• Ensure that they only carry out construction work that they are competent to do
• Co-operate with others and co-ordinate work so as to ensure their own Health & Safety and that of others who may be affected by their work
• Report obvious risks
• Follow site health and safety rules and procedures.

For further help and guidance:
The HSE has a section on the CDM Regulations on their website at www.hse.gov.uk/construction/cdm.htm Detailed guidance aimed specifically at each of the duty holders can be downloaded from the ConstructionSkills website at

www.cskills.org/supportbusiness/healthsafety/cdmregs/guidance/index.aspx

Further help is also available from the FMB Health & Safety Helpline.

Contact the FMB Information Department on 0870 162 0947 or your Regional Office for advice on how to access the Helpline.

October 2009

“I have worked on site on and off for most of my life. My back and knees seem to be complaining these days and I just wondered if there is anything I can do to make sure it doesn’t get any worse? I guess I have done the damage by just not thinking when I pick up heavy or awkward loads, but that’s life on a building site!”

Lifting - or manual handling - is a very common cause of back and joint pain. It is therefore very important not to lift more than you can easily handle, or work beyond your normal abilities and limits. Lifting heavy or bulky loads, carrying them awkwardly, pushing, pulling or dragging heavy loads, working when physically tired, stretching, twisting, reaching and prolonged periods in one position can all trigger or exacerbate back and joint problems.

If possible you should use manual handling equipment when this is available and make sure you use it correctly. When lifting heavy or bulky objects, bend your knees, keep your back straight and carry the objects close to your body, you should also make sure you have a stable base to stand on when doing this. Where possible, use two or more people for heavy or awkwardly shaped objects. Request that deliveries are made as close as possible to where you will be using them.

If you do hurt your back remember although you should take it easy, your back is designed for movement so the sooner you start doing your ordinary activities the better. A short course of manipulation can help relieve back pain for some, if done by a qualified professional.

As you improve, gradually increase your level of activity. Move about and take some walks, stretch regularly and build up your activity as you get stronger, but don’t do one thing for too long. Keep switching your activities so that you are changing position and moving around from time to time.

If you are employed, report your back pain to your employer and to your safety representative if there is one in your workplace, about how your normal work could be done in an improved way. Your employer may be able to put you in touch with occupational health support.

May 2009

For builders across the UK, the need to be compliant with all things relating to health and safety has never been more important.

Having a sound health and safety policy can bring new opportunities and is something that in the current economic downturn, should be seriously considered.

According to Anthony Botibol, Marketing Manager at HBXL, being health and safety compliant is something builders can do very easily, especially if they make use of IT and software that produces all the relevant paperwork for any job at the click of a button.

New Law

The new Health & Safety Offences Act 2008 came into force on 16 January 2009.

Brought in to increase penalties, it provides courts with greater sentencing powers for those who break health and safety law and has three main points:

1. The Act has raised the maximum fi ne which may be imposed in the lower courts to £20,000 for most health and safety offences

2. It makes imprisonment an option for more health and safety offences in both the lower and higher courts

3. It makes certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts.

So builders must now be even more vigilant in the way they run their sites and businesses.

Commenting on the new Act Anthony said: “The introduction of this new Act sends out an important message to those who push the boundaries. Those who cut corners, fail to comply with health and safety law or who put workers and the public at risk should be very worried.

“Good builders though have nothing to fear and being compliant with health and safety doesn’t mean they have to spend precious resources using specialists or investing their own time to make sure they’re on the right side of the law. Instead, investing in software such as Health & Safety Xpert makes the whole process easy.

“Its built-in knowledge base determines the likely tasks and risks involved in the project for you. It cuts down the time it would normally take and is much cheaper than employing a health and safety consultant.”

Lack of awareness

A survey carried out by HBXL showed that 47 percent of builders didn’t know whether the CDM (Construction Design Management) Regulations 2007 applied to them and highlights a huge lack of understanding.

Anthony said: “The introduction of the new CDM regulations meant that all building companies have to adhere to the new updated CDM laws.

“The revised scheme was brought in to help reduce the regulatory burden on the construction industry and improve the level of health and safety but it seems there is still confusion about its application.

“The key objective of CDM 2007 was to simplify and clarify the regulations. It is often very diffi cult for building businesses to know where to start on health and safety, but it’s important if they haven’t already put plans in place to do so immediately.

“Health & Safety Xpert has been designed specifi cally to help builders comply with all health and safety paperwork and interprets the ACOP (Approved Code of Practice) for CDM 2007, producing all the necessary paperwork.”

Opportunity to expand

Although the primary reason for having sound health and safety procedures is ensuring safety on site, Anthony believes it may also provide opportunities for builders to expand, and follows pressure by groups such as the FMB to fast track the planning process to release and designate land for social housing.

Should this happen, then, according to Anthony, the winners will be those who can submit the right health and safety paperwork during the tender process, and using Health & Safety Xpert will place them at the front of the queue when contracts are awarded.

He said: “The current financial climate could see the return of a lot more social housing as the Government plans to enable local authorities to build more affordable homes. This in turn should help both the construction industry and the economy.

“The FMB warned the Government not to forget the small builders, the ‘backbone of the economy’, when it comes to dealing out these new jobs.

“If you are one of those small builders it is also down to you to make sure that you are in a position to win the work by being able to submit health and safety paper work with your quote.”

Exclusive offers for all FMB Members

Health & Safety Xpert costs £649 (ex VAT)

Buy Health & Safety Xpert and you can:
 

• Save £100 ex VAT
• Get a FREE place at CDM 2007 training course worth £149 ex VAT 

For further information on Health & Safety Xpert or any other HBXL product call 0870 850 2444 or visit www.hbxl.co.uk

Health & Safety Xpert costs £649 (ex VAT)

FMB members can also benefit from a discount by quoting their FMB membership number.