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#1 Posted : 12 December 2005 15:17:00(UTC)
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Posted By Jonathan Sandler The HSE have just published this: On 6 December the Health and Safety Commission (HSC) decided that HSE should produce a 'shortish' Approved Code of Practice (ACoP), but that guidance should be produced by industry and, possibly, endorsed by HSC/E. (An ACoP contains practical guidance on how to comply with Regulations, it would not include interpretation, best practice or the 'sales pitch' that you find in the draft guidance that was included with the Consultative Document.) Work on the analysis of the responses, etc. has been delayed as the result of an enquiry from the European Commission about the way we implement aspects of the European Directive that underpins much of our existing and proposed construction regulations. Preparing this reply is quite time consuming, but the exercise is useful in helping us to make sure that we properly implement the Directive. It is impossible to predict the outcome or extent of the delay at present, but most of the possible changes are minor. The paper that HSC considered at their meeting on 6 December is available at http://www.hse.gov.uk/ab...ngs/2005/061205/c123.pdf and provides further information about these issues. We will publish the anonymised responses that we received to the Consultative Document as soon as we are able, probably in late January or early February. It seems big brother is watching us! Regards Jonathan Sandler
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#2 Posted : 12 December 2005 15:33:00(UTC)
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Posted By Robert K Lewis Good job it will be 2007 before it happens perhaps!
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#3 Posted : 12 December 2005 15:49:00(UTC)
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Posted By Jonathan Sandler Robert, that early!!!!!
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#4 Posted : 12 December 2005 15:57:00(UTC)
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Posted By Robert K Lewis No thats just the earliest
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#5 Posted : 12 December 2005 16:00:00(UTC)
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Posted By Jonathan Sandler Gossip on the streets is, and still waiting for conformation, MCG said NO to HSC, re new CDM regs, as I said still waiting conformation.
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#6 Posted : 12 December 2005 16:03:00(UTC)
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Posted By Richie Resisting a rant.... I would be very interested in knowing the underlying basis for such an enquiry:[by the European Commission about the way we implement aspects of the European Directive that underpins much of our existing and proposed construction regulations]. Sorry, rant on.... What aspects? Are'nt they at least 10 years too late? We may gold plate the directivs, but at least the UK attempts to enforce them. Rant off.... Richie
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#7 Posted : 12 December 2005 16:21:00(UTC)
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Posted By Jonathan Sandler Richie, Not to spread to much of IT about, but as long as we work to the letter of the law and not to spirit of the law, what chance do we have? do we want to change that approach? Do we set the standard for the rest to follow? should we be looking to legislation all the time, ref schuled 3 HASAWA 74, or should we be approaching the person at work and trying to eradicate 'I got away with it today' approach? Is our legislation to grey? should it be simplified and direct, MUST and SHOULD replaced with WILL, or are companies to scared to reduce profit by 1-3% for the cost of a human life. RANT me never. To much red tape, to much paper chaseing, not enough KISS. People want to work, but they do not need to work. Just a thought
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#8 Posted : 12 December 2005 17:24:00(UTC)
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Posted By Richie Jonathan, If industry does not wish to abide by any particular legislation (except, of course, in spirit…) then they should have the balls to make amendments to proposed legislation through to the HSE at the consultation stage. If the wheels of industry are threatened then such views are legitimate and should be represented. I can only assume that this process has been followed regarding the legislation with which you seem so vexed. With a view to the European dimension... It is my view that we do not set the standard for the rest to follow. In my estimation the Scandinavians do. We are in the upper quadrant but not the best. Re: Reg 3. This is is fundamental. I cannot see how deviating from the requirements can improve safety to non-employees. What would you change? Of course safety culture should always be championed, but we should not throw out the baby with the bathwater… Our legislation is about right to get employers to think about the safest way of doing things. Any more prescriptive and employers would use literal interpretation to the advantage of profit and safety would suffer. RE; your closing comments: Sory, I don’t know what you are on about there. Richie
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#9 Posted : 12 December 2005 17:39:00(UTC)
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Posted By Brett Day Am of the opinion that fiddling with the edges will make little real difference. The HSE needs to actively target clients, as said in another post I have conducted a fair chunk of CDM work for supermarket chains, little regard was paid to CDM, typically I got the call thursday afternoon "Can we have the plan F10 and review the contractors plan, by the way we start monday". Whilst clients may not have construction as part of thier core business, when they are of a certain size and standing, they have Legal departments, H&S departments who are able to/Should be advising them. In reality one client I worked for was using a produce buyer to procure CDM services. We repeatedly recieved the 'red letter' from the HSE re late notification, which we forwarded to the client. They had not been sent a copy. Now when a large household name company can get away with breaching the most basic of duties under CDM on a regular basis, what hope is there of trying to ensure that the more technical aspects are dealt with?? If the HSE had prosecuted two or three big names (not necessarily construction companies but household names who are neglecting thier client's duties) the message will start to get around. After all in the commercial world fines (and the resulting rise in insurance premiums) are a real incentive to buck ideas up. As an after thought, having spoken to many Architects, there seems to be little, if any real eduction on H&S/CDM within the Architects syllabus. One Architect told me "I design things that look pretty and win awards, I leave health and safety to you guys". He is not only Architect to have displyed that approach, but then if they are not trained then what do you expect??
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#10 Posted : 12 December 2005 18:50:00(UTC)
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Posted By Jonathan Sandler Richie and Brett, Brett I am positive our paths have crossed. Richie, I like your argument, legislation in Denmark and Holland has just been through the simplification route, hopefully it might happen over hear. The main reason for the delay to CDM is the big boys do not like the change. We have had so far amendments to CDM, WAH, HSG 224, COSHH, Asbestos etc.. these have all happended within the last 2 years. The cost to industry in implimentaion of all these changes is getting higher ever time, no wonder SME's do not want to play ball. Brett maybe the architec should re read reg 13 cdm, what do you think? Regards
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#11 Posted : 12 December 2005 21:28:00(UTC)
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Posted By Brett Day Jonathan, I'm with you on Reg 13, that page of my ACOP is so well thumbed from showing it to architects that the ink is rubbing off !! 'Forgive them, for they know what they do.'
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#12 Posted : 12 December 2005 21:34:00(UTC)
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Posted By Brett Day PS In defence of architects (in a backhanded way) I did have a set of designer's risk assessments that was vast and generic) I queried this and the architect replied that they had designed out thier hazards (and they could prove it) so only the generic was left, no-one had told them that if that was the case then a simple statment or outline of what they had done would suffice!! Also why are Designer's Risk Assessment so often 'never mind the quality feel the width'?
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#13 Posted : 12 December 2005 23:40:00(UTC)
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Posted By Brett Day Oops it should be 'Forgive them for they know not what they do'.
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#14 Posted : 13 December 2005 07:52:00(UTC)
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Posted By IT Come on fellas, You know the move is toward self regulation rather than prescriptive legislation changing words to will can only infer that once the organisation has complied it does not have to do anything else and therefore it would be even harder to prosecute. I thought the New CDM regs were enacted and enforceable from October 2006; perhaps some of our Inspectors could elaborate on this? I am going to defend the HSE here also, think about your industry sector and the numbers of business associated with it and then remember how many inspectors are out there, my former employer used the very tactic stated in this post of identifying high profile organisations and went to town on them which forced change back in the 90's. It worked
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#15 Posted : 13 December 2005 08:23:00(UTC)
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Posted By Jonathan Sandler We have to wait till 07 to say goodbye to the Planning Supervisor!!!!! At the moment I am a TO EHO for an LA, so as a jack of all trades and master of .... I shall keep taking the pills, (nearly miss splet that)
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#16 Posted : 13 December 2005 12:00:00(UTC)
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Posted By Ken Taylor Just imagine what it would be like if Europe were writing the laws and supporting guidance and not just the directives.
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#17 Posted : 13 December 2005 15:14:00(UTC)
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Posted By Jonathan Sandler CMIOSH Oh Ken, what ever do you mean, letter not spirit.
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#18 Posted : 08 February 2006 13:36:00(UTC)
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Posted By Arran Linton - Smith Jonathan, If you now look at http://www.hse.gov.uk/ab...regulations/1october.htm the Construction Design and Management Regulations (Revision) are now due to be published on 1st October 06 I cannot any reference to the role of co-ordinator!
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#19 Posted : 08 February 2006 13:44:00(UTC)
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Posted By peter gotch but Arran you missed the small print in HSE's January announcement.... Should any EC concerns be identified, which significantly impact on the proposal, the revision timetable will be subject to change. Given that HSE have just commissioned BOMEL to carry out further research on the impact of CDM, I think my money is on delay beyond October 06. Regards, Peter
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#20 Posted : 08 February 2006 14:44:00(UTC)
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Posted By Robert K Lewis Does anyone want a long odds bet beyond 2007? It seems that even relatively modest changes to legislation can get caught up in the quagmire of EC questions and bodies seeking to re-run previous battles lost. Bob
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#21 Posted : 08 February 2006 15:30:00(UTC)
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Posted By Jonathan Sandler CMIOSH Aaran L-S thanks for the info, but I have been involved in the CDM Chat Forum for the last few weeks. But thanks for brining this thread back to life.FYI there has been a lot of comments from egineers, designers, and the like all basicly not happy about the coordinator, and a few other minor issues but not a lot of input from H&S persons, why! Regards
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#22 Posted : 08 February 2006 17:47:00(UTC)
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Posted By Brett Day Not sure, have contributed previously but if it is like the current norm the HSE don't enforce what difference will the changes make ??? Personally I'm betting that it wil be 2008 before it happens.
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#23 Posted : 08 February 2006 17:56:00(UTC)
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Posted By Brett Day Also as an aside, what do people think of the discussion forum on the HSE website ?? Personal opinion is where did they getthe software from ?? I don't find it easy to read or navigate have started reading one thread and ended up on another.
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#24 Posted : 08 February 2006 17:56:00(UTC)
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Posted By Jonathan Sandler CMIOSH As far as enforcement is concerned there are plans to use EHO to enforce as well, I belive it is called a fexiable warrant. At least I think that is the proposal, not sure how far that will go, or how far it has gone so far. Regards
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#25 Posted : 08 February 2006 19:05:00(UTC)
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Posted By Paul1 I gather the EU front has two aspects: 1. EU have taken UK to European Court in respect of the 'as far as reasonably practicable' part of our legislation. Apparently the directive governing H & S at Work was updated in the late 80's can't lay my hands on the exact directive, so that the employers duty was absolute, not qualified, thus the disparity. 2. EU lawyers are reviewing how the UK implemented the temp construction sites directive which led to CDM to ensure compliance. All spells a long delay in my eyes! Never mind, it will give all the present PS's a chance to work up to John Carpenters recommended Competence levels!
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#26 Posted : 03 March 2006 11:52:00(UTC)
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Posted By Arran Linton - Smith If you now look at http://www.hse.gov.uk/press/2006/e06021.htm the implementation date has now been moved to Spring 2007, however the ACOP will be published three months in advance of this date.
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#27 Posted : 03 March 2006 12:31:00(UTC)
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Posted By Martin Mulholland Arran, I expect, as is unfortunately the case all too often, that the ACoP will be published some time after the Regs..
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#28 Posted : 03 March 2006 14:29:00(UTC)
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Posted By Jonathan Sandler CMIOSH Dear all. Thanlk you for your replies. I did post a thread on monday with the update re CDM and its enforcement date of spring 2007. Regards
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