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#1 Posted : 31 March 2006 12:13:00(UTC)
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Posted By David Whaley I have just been advised by my racking supplier that dismantling pallet racking comes under CDM Regulation. He has recently attended a presentation by a manufacturer. When I think of the number of times racking is partially dismantled for repair or dismantled and moved to a new location, I wonder how this could be enforced? Has anyone come across this before? David
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#2 Posted : 31 March 2006 12:52:00(UTC)
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Posted By Salus David, your work will not come under the CDM Regs because racking is not a structural element,highly unlikely it will take 30 days or more and no more than 4 persons to do the job. Hope this helps
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#3 Posted : 31 March 2006 13:15:00(UTC)
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Posted By Mal Shiels David Quite a difficult one this, not as straight forward as the last respondent stated. It will come down to a subjective view of the word 'structure'. It could be argued that racking is a structure which provides support, this would then bring it under the guise of CDM. My advice would be to ask the HSE, they are usually helpful when i ring them for clarification. Even if in the end you feel the work will not come under CDM, just adopt the ethos and manage the work in a co-ordinating manner. Regards, Mal
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#4 Posted : 31 March 2006 13:16:00(UTC)
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Posted By peter gotch Hi David. CDM applies to "construction work" which includes the dismantling of a "structure" "Structure" includes the dismantling of fixed plant where such work involves risk of a person falling more than 2m. So CDM likely to apply subject to comments below [see Reg 3(3) though unlikely to be notifiable] If your operations are subject to local authority enforcement of HSW legislation, then CDM disapplied by Reg 3(4) As currently drafted, CDM 2007 may have less application to short duration/low workforce numbers demolition and dismantling operations than the current Regs [a source of concern to the demolition industry. Regards, Peter
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#5 Posted : 31 March 2006 13:26:00(UTC)
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Posted By Salus Mal, it is not as straight forward as you think only when you do not know the answer, you have not given any answer but use words like "subjective" and "argued" which leads to confusion. Why not ask the HSE yourself at least then you will know the answer to Davids Question
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#6 Posted : 31 March 2006 14:16:00(UTC)
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Posted By Joel Frorath Salus thank god somebody talks sense, I agree this is not a job for CDM. (But only for those who do enjoy a bit of red tape!)
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#7 Posted : 31 March 2006 16:46:00(UTC)
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Posted By Mal Shiels Not quite sure how to take the last two respondents, i thought the point of these forums was to give anyone interested in health and safety or who works in health and safety an opportunity to present a query, question or problem and for individuals to then post a reply if they feel it would be useful. My advice to David to contact the HSE for their view seems perfectly reasonable to me. As for the use of the word subjective, due to the nature of modern day legislation and guidance then the issue of sujectivity will always raise it's head. If David finally takes the view that CDM will not apply, then by following the ethos of CDM he will be concentrating on whats significant and managing the work accordingly. Red tape - where? Regards, Mal
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#8 Posted : 31 March 2006 17:21:00(UTC)
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Posted By peter gotch Hi Salus. What does David need to do if he applies CDM that he doesn't need to do to comply with HSWA and Management Regulations? R v Associated Octel implications. Regards, Peter
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#9 Posted : 31 March 2006 20:49:00(UTC)
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Posted By David Whaley Thanks everyone for the info. I contacted HSE Info. It seems it COULD be subject to CDM regs. As usual no commitment. This was never an issue of whether or not to apply SSOW. But if it it happend to be a bigish job should it be reported to the HSE under CDM. I had not thought of the possibility of the work coming under CDM. You live and learn, hopefully. Thanks David
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#10 Posted : 31 March 2006 21:01:00(UTC)
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Posted By Brett Day Had similar job and the HSE take on it at the time was that CDM is good practice so why not work it as a CDM job. Maybe not helpful, just my two pennth.
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#11 Posted : 03 April 2006 09:55:00(UTC)
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Posted By Peter MacDonald All demolition work comes under CDM. Could the supplier be saying that the dimantling of the racking is demolition?
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#12 Posted : 03 April 2006 14:00:00(UTC)
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Posted By Mike Draper In the context of the original question, this comes down to a series of fairly simple questions. Does the work involve construction? Construction is the act of erecting or modifying a structure, fitting out a structure with fixed plant and equipment where there is a risk of falling 2m or the demolition/dismantling of the same. If YES then CDM may apply. If CDM may apply then will the work involve 5 or more persons, and/or does the work involve demolition/dismantling? If YES then CDM applies. This means that you should appoint duty holder and prepare plans. You can appoint yourself if you consider this work to be within your competence. Will the work take longer than 30 days or involve more than 500 person days of work? If YES then you need to notify the HSE using form F10. There are however a number of get-outs. Is the work a normal maintenance activity? If yes then CDM probably doesn't apply. Are the LA your enforcing body? If yes then again CDM probably doesn't apply unless it is notifiable. And even if you come to the conclusion that CDM does apply, what's the problem? Is your supplier competent to do the work i.e have you made reasonable enquiries about their track record and do you monitor their work while they are on site? Have you planned the work, i.e. reviewed and approved a method statement for the work that gives sufficient attention to the identification and evaluation of the risks, and puts in place appropriate measures to control the significant risks? Are there suitable drawings and documentation for the work showing the existing arrangement/new arrangement with consideration for structural details, underground/overhead services, etc? Have you also provided the contractor with enough information about the risks from your continuing operations and how you plan to manage their work? Do you have induction plans and records for the workers? Will you issue a permit-to-work or other authorisation before work commences and review the work regularly while it is carried out? Do you have access to adequate welfare facilities for the workers? Will you have suitable information about the new racking (if any), i.e. drawings, calculations etc? The point is that what this all boils down to whether you are sufficiently well organised to do the job irrespective of whether or not CDM applies. If you aren't then you may need to think a bit more about what the work actually is. Whereas, if you can comfortably answer the 8 or 9 questions above then you are pretty close to having everything you need and can probably make out the F10 and submit it anyway.
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