CALLSAFE SERVICES LIMITED
OVER 25 YEARS PROVIDING EFFECTIVE AND EFFICIENT HEALTH AND SAFETY ADVICE AND TRAINING TO THE CONSTRUCTION INDUSTRY AND OTHERS
Callsafe Services Ltd
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SERVICES PROVIDED Callsafe Services Limited has been providing health and safety advice, assistance and training to our clients, and our clients’ projects, since 1987. Our clients have included many central and local government organisations, as well as private industry clients, designers and contractors. Consultancy
Our consultants consistently ensure effective communications on projects and within health and safety management systems, with the minimum amount of paperwork produced, continuously questioning why a document is required and whether it is any use in effective management.
Training
The training provided by Callsafe Services Limited includes a focus on effective communication and management, rather than just the production of documentation. Training provided is made as appropriate and relevant to our trainees, incorporating client procedures and processes where possible. Accredited training is also available. Callsafe Services Limited provides courses accredited by: • Institute of Occupational Safety and Health (IOSH) • Chartered Institute of Environmental Health (CIEH) • Association for Project Safety (APS) • Safety Pass Alliance (SPA)
CDM Co-ordinator (CDMC)
Callsafe Services Limited are a Registered CDM Co-ordinator Practice with the Association for Project Safety (APS), so can demonstrate our commitment to continuous improvement of our, our clients’ and our projects’ processes. Our consultants/trainers are all practicing health and safety professionals working within the construction industry, and have extensive experience as health and safety advisors/officer/ managers for client, designer and contractor organisations. If you need an organisation that understands the requirements of CDM, projects, other health and safety requirements, and how these requirements can be achieved in a cost-effective way, to act as your CDMC, provide health and safety advice and assistance and/ or provide effective training; please contact Callsafe Services Limited to discuss your requirements.
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CDM201X? CONSULTATION Will the revised regulations be effective and cheaper? The gun has been fired, and we are now all in the race to see if we can get the Health and Safety Executive (HSE) to address the concerns of construction health and safety professionals, and our clients, regarding the proposed changes to the Construction (Design and Management) Regulations (CDM). The consultation is quickly passing, with the final date of responses being 6 June 2014. It would be pertinent to question the HSE as to why it took them 2 years to produce the consultative document, but they are only allowing the industry 10 weeks to understand their proposals and respond with reasonable concerns.
Only 10 weeks for the consultation process? The following article attempts to highlight the proposed changes and provides the Callsafe conclusions as to their advisability.
The Client with no CDM Coordinator
One of the most significant proposals for the new regulations is the replacement of the CDM Coordinator (CDMC) with the Principal Designer (PD). CDMCs currently have two fundamental elements to their duties: • To advise and assist the client; and • To ensure that the design and the Designers are compliant It is proposed that the PD will perform the second of these duties, but has no duty to advise and assist the client in the performance of the client’s duties, except for the identification of Pre-Construction Information, that the Client still will be required to provide. The Client is proposed to have an enhanced duty regarding effective health and safety management of the project. CDM2007 requires the client to ensure that ‘arrangements were made’, whereas the proposals
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require the client to ‘make arrangement’, as below:
Client duties for managing projects
5(1) A client must make arrangements for managing a project (including the allocation of sufficient time and other resources) that are suitable for persons with a duty under these regulations to ensure that— (a) construction work is carried out so far as is reasonably practicable without risk to the health and safety of any person; and 5(3) A client must take reasonable steps to ensure that the arrangements referred to in paragraph (1) are maintained and reviewed throughout the project. and 5(4) A client must ensure that— (a) the principal designer complies with the duties in regulation 9; (b) the principal contractor complies with the duties in regulations 12 and 13; (c) before the construction phase begins— (i) if there is more than one contractor, the principal contractor, or (ii) if there is only one contractor, the contractor draws up a construction phase plan; This should be of major concern to Clients, particularly those who are not experienced in construction, as they will have CDM2007 enhanced duties, but without any legally designated advice and assistance.
Will anyone provide the Client with independent advice and assistance? Other Client’s duties are contained within the proposed regulations, but are not included here as they are considered to be generally reasonable for the Client to perform without any
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specific advice and assistance or are included in the duties of the proposed Principal Designer. If a Client organisation has its own in-house expertise on construction health and safety management and standards, they should have the necessary competence to perform the duties of a client without any external assistance, but this is not the case with the majority of construction Clients. Some questions that could be relevant to any Client considering the commissioning of a construction project and the performance of the Client’s duties without professional advice and assistance; are as follows: • Would the Client understand whether the Designers, and the Principal Designer, are properly coordinating their designs to avoid design clashes and interface issues, particularly if a number of different design organisations are involved and possibly not contractually related? • Does the Client have the ability to question the Designers, and the Principal Designer, as to whether they have applied the ‘General principles of prevention’ in their designs? Are the designs incorporating current standards, materials, equipment and processes to eliminate and reduce risks by their design decisions, or have the decisions based purely on previous projects, and therefore outdated knowledge? • Will the Client be knowledgeable in discussions with the Principal Designer on what should be provided as part of the PreConstruction Information? • Does the Client have persons within their organisation who can assess the effectiveness of the management arrangements and systems of work to be employed by the Principal Contractor and Contractors? • Would the Client recognise an effective and efficient Construction Phase Plan? It is noted that the Client is only required to make sure that there is a Construction Phase Plan prior to construction commencement, but it should contain the health and safety management arrangements for the construction site.
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• Will the Client be willing, and able, to specify, or review the proposals of the Principal Designer, for the content, format, copies and delivery of the Health and Safety File? If any of the above questions result in a negative response, the Client should seriously consider engaging someone to assist them with the performance of the Client’s duties. This assistance is currently supplied by the CDMC. Effective CDMCs are seen as the ‘client’s best friend’, providing independent advice on competence, pre-construction information, time, resources, the effectiveness of the management arrangements, reviewing the construction phase plan prior to advising the client of its sufficiency to commence construction and compiling a health and safety file that is appropriate to the Client’s needs.
Will the client be more likely to be prosecuted? Without professional advice and assistance in the performance of the Client’s duties, it is probable that the number of Client prosecutions will increase.
Will Principal Designers be an effective replacement for the CDM Coordinator?
There also appears to be some reluctance of architects and consultants to take on this duty, due to a reasonable concern that this will involve them in accepting additional criminal liability. Some have also stated that they are concerned about their competence and resources to perform these duties. Due to this, it is likely that if this proposal becomes law, the architects and consultants will subcontract the performance of these duties to another organisation, probably ones that are currently providing the services of CDMCs. Another concern of the architects and consultants is that their clients may expect them to perform the duties of the PD, in addition to the designers’ duties, without any additional fees to remunerate them for the work and the liability. The client is proposed to be assisted by the PD in the preparation of the pre-construction information and provide it to all designers and any contractors directly engaged by the client. This is just a straight transfer of duties from the CDMC. The PD must also prepare the health and safety file, currently performed by the CDMC, and pass it to the client at the end of the project.
The PD is proposed to ensure Definitions that the design complies with the There are also some concerns requirements of the regulations, regarding the definitions provided and that the designers cooperate within the proposed regulation 2, and coordinate their designs. as follows: • The definition of ‘fixed plant’ as Lead designers may be in a good position to ensure that the design is a ‘structure’ and ‘maintenance’ coordinated for the designers who as ‘construction’, as per the are either part of their organisation existing regulations, will still or a sub-consultant, but what cause confusion as to whether about other designers either maintenance routines on fixed directly engaged by the Client, or plant would be construction and by Contractors who have design therefore have to comply with the responsibilities? requirements of CDM. The current ACoP states in para. 13 that If the lead designer is the PD, unless the maintenance of will they properly ensure design fixed plant involves significant compliance and coordination? It is dismantling or large plant, that possible that if a design requires CDM would apply. This has never changing due to an interface been clear and the HSE should issue, the PD will be reluctant have clarified the requirements in to be the designer who effects the proposed regulations. • The definition of ‘domestic client’ these changes, due to costs and inconvenience to them, even if this could be construed as including may be the better option for the charities, etc, who previously have project and health and safety. been considered to be a ‘client’.
• The definition of ‘principal designer’, PD, states that the PD can only be a designer, although the definition of ‘designer’ opens the definition out to anybody that makes a design decision or instructs others to do so. There is the assumption that this means that a PD must be a professional design organisation, so excluding clients, project managers, construction H&S consultancies, and maybe contractors, from performing these duties. • The definition of ‘construction’ excludes ‘pre-construction archaeological investigations’ from the definition. This then means that the specific requirements for excavation safety contained within Part 4 of the regulations are not required to be applied to archaeological digs. Part 4 of CDM is the only legal requirements that are specific to excavation supports and inspections.
Domestic clients with duties
It is accepted that the Government and the HSE have no choice but to remove the exclusion of domestic client duties from the regulations, as this is non-compliant with the Temporary or Mobile Construction Sites Directive. The proposals for the designer or contractor working for the domestic client to perform the client’s duties on their behalf is probably a reasonable compromise; but will it work? It is questionable as to whether the designers and contractors who normally work for domestic clients will have any knowledge about these requirements, so there is likely to be no change in the way that this type of work is performed. It is noted that domestic client will be required to appoint the PD and the Principal Contractor (PC) if more than one contractor is, or is likely to be, involved in the work. If the designers and/or contractors who are working for the domestic client are unaware of the requirements, who will inform the client that they must do this? The proposed regulations do not make it clear as to whether the domestic client must make these appointments or whether the contractor would do this as part of
their duty to perform the client’s duties. This lack of clarity is also true for the client’s duty to notify the project if it is notifiable. Another issue that is relevant is; will the HSE have the resources to enforce these requirements? As the HSE struggle to enforce these regulations on commercial clients, it is unlikely that they will enforce the domestic client requirements of the proposed regulation 4.
No Approved Code of Practice (ACoP)
It is proposed to withdraw the CDM 2007 ACoP and replace it with a tailored suite of sectorspecific guidance. The industry generally does not take much notice of ‘guidance’, as it does not have the same legal status as an ACoP. It has been stated that the HSE is planning to produce an ‘L’ series guidance to replace the ACoP, but it is understood that this is unlikely to be any shorter than the current ACoP, so why not just make it an ACoP? We have again been promised ‘sector-specific’ guidance, but this will not happen, as CONIAC are producing ‘duty-holder specific’ guidance. A missed opportunity to make things clearer. Sectorspecific guidance, containing all of the requirements and duties for a particular type of project would be much more useful, and more likely to be referred to, than duty-holder specific guidance.
Competence
The proposed regulations do not explicitly require clients to check the competence of organisations, before they are appointed to carry out construction work. However, this requirement is implicit in the duty in regulation 5 for clients to ensure adequate management arrangements. The HSE believes that this will be clearer to those reading the regulations. The HSE’s belief that clients’ management arrangements requirements will cause the clients to automatically consider competence checks is naive at best, and will not be better understood.
At least under the current requirements, the CDMC advises the client and can assist in this process; but there will be no one to assist the clients under the new provisions. The competence requirement should remain as a specific regulation, and not just for clients; as designers, PCs and contractors all engage other duty holders, who should also be verified as competent.
Is this a ‘cowboys’ charter? It is not necessary to assess the organisation’s competence, but the specific proposals for the project should be assessed. This would include the verification of allocation of competent and resourced personnel, provision of enough time and other resources, and the specific management proposals from whoever is being assessed. This should be carried out by whoever is engaging a duty holder, not just the client! The current duty on anyone who is engaged or appointed to also be competent should be retained in the regulations. Removing this requirement just returns us to CDM1994. The proposed regulation 8(1), requiring those arranging for or instructing workers to carry out construction work should ensure they have received sufficient information, instruction and training and have adequate supervision, only refers to contractors. There is no specific requirement for the designers, PD or PC to be assessed for their information, instruction and training, or be appropriately supervised. This apparently means that the designers, PD and PC do not require this! Competence of individuals is key to achieving a safe design, a safe site and safe construction and maintenance activities. Removing the explicit requirements for competence and expecting employers to adhere to other regulations not specific to this industry is ill-conceived and will result in a reduction in training and competence and “cheapest wins” scenarios occurring far more frequently.
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Notification
The proposals change the notification threshold to projects with the construction phase: • lasting more than 30 working days and having more than 20 workers working simultaneously at any point in the projects; or • exceeding 500 person days. Compared to the current requirement of: • lasting more than 30 working days; or • exceeding 500 person days. This will reduce the number of projects that need to be notified, but will require notification of domestic clients’ projects that exceed this threshold. It is appreciated that the proposed regulation 7 states that the notification should be submitted as soon as practicable before construction work begins, and that could be at commencement of design, it is highly likely that projects will not be notified until just before construction commencement. All of this will cause the HSE to have significantly less intelligence on what is going on in the industry. It is also noted that it will be the client’s responsibility to notify the project.
Construction Phase Plan
It is proposed the construction phase plan is required on all projects, where, under the current regulations, a Construction Phase Plan is only required on notifiable projects. This is welcomed, as it should ensure better management of health and safety on the smaller projects. However, there is no requirement to verify the suitability or adequacy of the construction phase plan. Under the current regulations, the client must not allow construction work to commence until a sufficiently developed construction phase plan is developed by the PC, with its sufficiency checked by the CDMC; none of these requirements have been included within the proposed regulations.
Where is the checking on the sufficiency of the construction phase plan?
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The HSE have stated that templates for the Construction Phase Plan for the smaller, less complex, projects will be provided, but these have yet to be published.
Transitional Provisions
The proposed regulations have no transition provisions, so the new regulations will come into force, in their entirety; on the date they become law, even for projects that are currently underway. So, if the proposed regulations become law on the 6th April 2015, as planned by the HSE, the client will need to suspend the appointment of the CDMC, appoint a PD and notify the project all on that date, as well as complying with all of the other changes made by these proposals. If this happens, it is suggested that the construction industry should cease on-site work for at least a week to allow for the paperwork to be done!!!
The Cost-Benefit Analysis
Within the consultative document, CD261, the HSE have stated that the costs to projects with an overall value in excess of £20K, will be reduced by an estimated £30M per annum by removing the CDMC. Is this a balanced view?
Will the project costs be reduced? If the Client is going to engage a construction health and safety advisor to assist them with the Client’s duties there will be an obvious cost associated with this. The HSE have stated that the cost reduction will be due to the PD performing the duties as part of their designers’ duties; which the author would dispute. The costs associated with PD’s duties, which are assessed as being ludicrously low, will be significantly higher. No organisation will take on these duties without being reimbursed for the work and the criminal liability attached to the duty. Also, no costs associated with additional insurance premiums have been taken into account.
It is possible, or even likely, that the costs may increase as a result of the deletion of the CDMC’s duties. There has been no evaluation of costs associated with the probable engagement of a H&S advisor by the client to advise and assist the client with the client duties, which is currently performed by the CDMC. Assuming that the requirements for domestic client work are complied with, the additional costs of having a construction phase plan and using designers and contractors who have been trained are ridiculously low. Any designer or contractor currently working in the domestic client sector would reasonably require some training to perform these duties, as they generally are untrained and unknowledgeable regarding CDM. The training that will result from these changes has been significantly underestimated. As with CDM1994 and CDM2007, these changes will cause all persons involved to be re-trained. The costs associated with changes necessary to contract models, project contracts and framework agreements has not been assessed at all. The proposals for the amended regulations have caused grave concerns for the effective management of health and safety on construction projects, so potentially allowing more deaths, injuries and ill-health than would have been the case without these changes. The consultative document, CD261, Consultation on replacement of the Construction (Design and Management) Regulations 2007, and the Online Questionnaire and the Reply Form, can be found at: www.hse.gov.uk/consult/ condocs/cd261.htm. Please respond to this consultation, or we will definitely get what has been proposed!
The consultation closes on 6 June 2014.
INSTITUTION OF OCCUPATIONAL SAFETY AND HEALTH MANAGING SAFELY IN CONSTRUCTION - 5 DAY COURSE This is the Institution of Occupational Safety and Health (IOSH) Managing Safely course, amended to make the subjects and content more specific to the construction industry, and separately accredited by IOSH. It is highly interactive and is presented by qualified and experienced construction health and safety professionals, who also are appointed to projects as CDM coordinator.
Intended for:
Anyone who supervises or manages designers or contractors in the construction and allied industries. Also relevant for client representatives and CDM coordinators.
Course Aims:
To ensure that managers/ supervisors: • Understand their responsibilities for health and safety as an integral part of their construction and other management/supervision roles; • Are able to recognise a sound health and safety management system, including effective construction risk management; • Are able to recognise the key risks in the construction industry and understand the precautions to be taken.
Course Content:
Day 1 • Introduction and Setting Course Objectives • Principles of Good Safety Management • Legal Foundation for Health and Safety • Corporate Manslaughter and Corporate Homicide • Safety Management on Construction Projects
Day 2 • Understanding the Legal Framework for Safety and Health at Work • Accident Causation and Accident Prevention • Applying Management Principles to Health and Safety Day 3 Key Legislation, Commonly Occurring Hazards and Their Controls: • The Workplace (Health, Safety and Welfare) Regulations 1992 • Working time • First aid • Reporting of accidents • Fire • Safety signs and signals • Electricity • Display screen equipment • Manual handling • Chemicals/Hazardous substances • Personal protective equipment • Work equipment and Machinery • Traffic management
• Effective Communication • Control of Contractors • Training • Course Assessment (A 30 minute test paper, similar in format to mock assessments performed during the course) • Course Discussion and Completion (Including the introduction to the Course Project, which is an inspection and risk assessment performed by the delegates of their workplace. This is performed subsequent to the course and submitted to the course tutor for marking)
Maximum number of course delegates: 16 Public Courses
This course is offered as a public course, for individuals to book and attend. Course Cost: £800.00 per delegate, plus VAT (Discounts for multiple bookings)
Day 4 Construction Related Legislation, Commonly Occurring Hazards Currently programmed public and Their Controls: courses are: • 23, 24, 25 September and 1 & 2 • Construction (Design and Management) Regulations 2007, October 2014 (Staffordshire) Part 4 In-house Courses • Lifting operations and equipment This course is also offered as • Noise an in-house course, where an • Vibration organisation can book the tutor • Lead for the 2 days and the course is • Asbestos presented within the organisation’s • Confined spaces own premises, This option can • Pressure systems reduce the course cost and the • Radiation travel/accommodation costs where • Elevated working places the organisation has a number of • Safety in earthworks their staff requiring this training. • Flammable liquids and gases • The construction working environment A lump sum price can be provided for in-house courses. Day 5 • Human Behaviour in Accident and Ill-Health Prevention
Further details of this, and other, courses can be found at www.callsafe-services.co.uk, or by contacting Gemma Esprey at gemma.esprey@callsafe-services.co.uk or by phone on 01889 577701
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ASSOCIATION FOR PROJECT SAFETY (APS) CDM2007 DESIGN RISK MANAGEMENT COURSE The Construction (Design and Management) Regulations 2007 (CDM2007) require a cultural change in the management of health and safety by the construction project team, but particular emphasis is placed on the requirements for competence of designers, design co-ordination and communication of design information. The designer is a fundamental member of the project team and has a significant input throughout the lifecycle of the project, from feasibility design through to construction. CDM2007 makes specific demands on the designer to consider health and safety risks associated with the construction, commissioning, use, maintenance, repair, testing, cleaning, decommissioning and demolition of their designs and attempt to eliminate or reduce those risks by their design decisions. The Association for Project Safety (APS) and Callsafe Services Limited (Callsafe) believe that the full benefit of CDM2007 can only be achieved by meeting the philosophy implied within CDM2007 that requires that Designers are proactive and fully integrated members of the project team. This two-day course is designed to provide Designers and Design Risk Managers with the necessary knowledge and confidence in the performance of the task to ensure compliance with the designers’ duties under CDM2007. The course is highly interactive and includes presentations, notes, syndicated exercises, delegate discussions; and an examination to ensure learning outcomes.
table on the APS website) towards meeting Full Membership of APS.
• be familiar and confident in the supply of information and production of evidence.
An individual who meets the above criteria will also be exempt from Course Content: sitting the Examination for admission • Design Risk Management and to the APS Register of Designers Project Risk Management for a period of three months from • Construction Related Health and the date on which APS issues a Safety Legislation certificate confirming successful • Personal Safety & Professional completion of an accredited course. Responsibility • Role of the Designer in Construction This course is also recognised by • Design Risk Management Services RIBA as CPD for architects. & Systems • Advising the Client Intended For • Demonstrating and Assessing This course is aimed at design Competence and Resources team members and managers who • Hazard Identification and Working wish to ensure effective design risk within the Team management and compliance with • Contractor Related Issues and the CDM2007 designers’ duties to Design During Construction a professional and benchmarked • Designer Input into Information standard as set by APS. The course (PCI, CPP & HSF) will also benefit other construction and • Examination health and safety professionals with an interest in the values and philosophies Maximum number of of risk reduction by design. course delegates: 16
Entry Requirements
Delegates should have a basic understanding of CDM2007, associated construction related legislation and the ways in which construction projects are procured and managed.
The Tutors
The Callsafe tutors are widely experienced in the understanding and practical application of the regulations and are practicing CDM Co-ordinators. They also have extensive experience working for and on behalf of clients, designers, and principal contractors and contractors. All of the tutors are Registered CDM Co-ordinator Members or Fellows of the APS, RFaPS or RMaPS.
Course Objectives:
On completion of the course, An individual who successfully delegates should: completes the accredited course in • understand the designers’ duties CDM2007 Design Risk Management under the CDM regulations 2007; may claim 3 points (as detailed in • know how to effectively reduce risk the Qualifications and Experience by design; and
Public Courses
This course is offered as a public course, for individuals to book and attend. Course Cost: £600.00 per • delegate, plus VAT (Discounts for multiple bookings) Currently programmed public courses are: Wednesday & Thursday, 8 & 9 October 2014 (Staffordshire)
In-house Courses
This course is also offered as an in-house course, where an organisation can book the tutor for the 2 days and the course is presented within the organisation’s own premises, This option can reduce the course cost and the travel/accommodation costs where the organisation has a number of their staff requiring this training. A lump sum price can be provided for in-house courses.
Further details of this, and other, courses can be found at www.callsafe-services.co.uk, or by contacting Gemma Esprey at gemma.esprey@callsafe-services.co.uk or by phone on 01889 577701
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Callsafe Services Ltd
Are you sure that you understand the duties and requirements of CDM2007 and/or other health and safety requirements? Have you amended your policies and procedures to reflect the current legislation and practice? Are your employees competent to perform their duties? Do you select competent organisations to work with you? Do you manage your organisation and projects without copious amounts of paper? If the answer to any of the above questions is no, you need to consider training and advice to achieve legal compliance and develop best practices.
Contact the experts
David Carr, PgD, FIIRSM, DipSM, RFaPS Managing Director Callsafe Services Limited Yardley House 11 Horsefair Rugeley Staffordshire WS15 2EJ Tel: 01889 577701 Email: enquiries@callsafe-services.co.uk Web: www.callsafe-services.co.uk