CDM Regulations

CONSTRUCTION (Design and Management) Regulations) 1995

The Regulations came into force on 31st March 1995 and are a Legal Requirement. The purpose of CDM is to ensure that Health and Safety is co-ordinated and managed throughout all stages of a construction project in order help reduce accidents, ill health and costs.

Where CDM applies a CLIENT has legal duties to discharge which are enforceable in a court of law.

What is Construction work?

- Site clearance and investigation, excavation and foundation work;

- New build and commissioning;

- Conversion, alteration or fitting out;

- Renovation and repair;

- Dismantling and demolition;

- Upkeep and maintenance;

- Work on railway lines, tunnels, bridges, roads, waterworks, pipelines, sewers, drainage, pylons, underground tanks and similar structures.

- Assembly of prefabricated elements to form a structure or disassembly of the same;

- Cleaning work where this involves high pressure systems or corrosive or toxic substances, or involves cleaning windows or translucent walls or roofs where there is a danger of falling more than 2 metres;

- Installation, maintenance and removal of mechanical and electrical, telecommunications or computer equipment which is normally fixed to a structure; the installation of compressed air or other gases;

- The installation, commissioning or demolition of manufacturing plant where there is a possibility of falling 2 meters.

What work is excluded?

- Off site fabrication, apart from the design requirements which will still apply;

- The exploration for or extraction of mineral resources or related activities;

- Small works – where they are not expected to last more than 30 days and there will not be more than 500 person days worth of work involved and the largest number of people working on the construction at any one time will not be more than 4. The design requirements will still apply, but most of the other regulations will not.

- Projects carried out for someone as a domestic client, unless the dwelling is used partly for business purposes. Again, the design requirements will still apply and the project must still be notified to the Health and Safety (HSE) by the contractor.

What are my duties as a Client?

As a client you will have to:

- Appoint a planning supervisor (either an individual or a company). The appointment should be made in sufficient time to allow the planning supervisor to develop a suitable pre-tender health and safety plan before arrangements are made for construction works.

- A planning supervisor has responsibility for co-ordinating the health and safety aspects of design and for ensuring a pre-tender health and safety plan is prepared. Chris Froggatt.com will be able to advise you on this appointment.

- Ensure that the planning supervisor is provided with health and safety information about the premises or site where construction work is to be carried out.

- Appoint a principal contractor. Do this in sufficient time to allow the principal contractor to develop a suitable construction phase health and safety plan before construction begins. A principal contractor has responsibility for co-ordinating health and safety aspects during the construction phase.

- Ensure so far as is reasonably practical, that a suitable construction-phase health and safety plan has been prepared by the principal contractor before construction begins.

- Take reasonable steps to ensure that the health and safety file you will be given at the end of the project is kept available for inspection by those considering future construction work.

Note: Domestic clients DO NOT have duties. (A domestic client is someone who lives in the premises where the work is carried out. The premises must not relate to any trade, business or other undertaking).

Where can I obtain further information?

If you have any doubts whether CDM applies, contact Chris Froggatt direct, alternatively contact the HSE’s Infoline on 08701 545500, or write to HSE’s Information Centre, Broad Lane, Sheffield. S3 7HQ