Posted By clifton jack I have a suspicion that CDM is over applied, particularly in respect of office refurbishment. Offices are enforced by the relevant local authority under the Health & Safety (Enforcing Authority) Regulations 1989 and normally CDM does not apply to local authority enforced premises regardless of the normal requirement of notification,five or more on site 30 days or 500 person days on site. CDM will only apply to this type of work if the activities fall within the definition of construction under Para 4 of Schedule 2 of the above Regs which includes (inter alia)exterior work and electrical work outside the consumers demise. This would then make HSE the enforcing agency and CDM could be relevant. It may well be good practice to operate CDM for the typical office refurb, but not required by law. I know this is all about to change but am I right in my interpretation of CDM currently and does anyone have any experience of this over application?

Posted By Ron Hunter You are out of date with your issue of HSEAR, and your interpretation is slightly "off" with paragraphs 32 to 34 of the current CDM ACoP. Are your issues with the application of CDM general principles (a good idea, whether or not the project falls within the scope of CDM, and also bearing in mind that there will usually be some design work (Reg 13) involved) or with overzealous charging by consultants/contractors for all the 'extra work' involved?

Posted By Danny O'Donnell It is my understanding of the legislation that non-notifiable construction work, which is entirely internal to the building and which is not separated off from the normal operations of the premises will fall to LAs where they are the enforcing authorities for that class of premises. Where a construction project is notifiable under Regulation 2(4) of the CDM Regs or ‘separation’ of the construction activities is required, the HSE is the enforcing authority. Danny

Posted By Adrian Watson Dear all, Under Schedule 2 of Health and Safety (Enforcing Authority) Regulations I998 where the local authority is the enforcing authority for the work normally carried out, HSE becomes the enforcing authority for construction work if: - the work is notifiable under CDM; - all or part of the work being undertaken by a contractor is to the exterior of the building or structure; or - the work is carried out in a physically segregated area of the premises, where the activities normally carried out have been stopped to enable construction to take place, and the contractor has the authority to exclude people not carrying out construction. This does not include the maintenance (including removal) of insulation on pipes, boilers or other parts of heating or water systems. Regards Adrian Watson