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#1 Posted : 12 March 2007 13:36:00(UTC)
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Posted By HarryJ Having read my ACOP for the CDM2007 regs, I still have a question which CDM 2004 didn't really cater for. Our company designs and installs materials handling equipment e.g fixed conveyors, mobile hoppers, cranes. If a contract was only for designing and installing mobile plant, e.g mounted on wheels, is it classed a 'structure' and is CDM applicable? The plant could weigh 100 Te and be 20m tall so we are not talking of small items of machinery.
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#2 Posted : 12 March 2007 17:43:00(UTC)
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Posted By Dave Daniel My view only: CDM1994 clearly sought to include "fixed plant" where a fall more than 2m was possible. What this equated to remains a mystery. I did query this with the HSE CDM drafter at the time who thought that all you did with factory plant was push it into position and bolt it to the floor! Longbridge Rover Group extracted a very peculiar HSE letter at the time which suggested that no machinery erection fell within CDM1994 and they guarded this very carefully! CDM2007 merely makes passing reference to "fixed plant" without definition. Bad drafting again. If you were to take a literal interpretation then even oiling a pedestal drill could be construction work! This makes no sense at all, so I tend to think that general machinery erection should not be considered part of CDM and certainly the HSE have made no moves to press this. The new "fixed plant" definition would then be reserved for plant associated with other "structures" such as pipelines etc. etc. i.e sites where you might employ "Builders" as well as "Millwrights" You are right to query this and it will only be clarified by a legal judgement, which will probably never happen. Proceed with caution. I doubt you will get any sense from the HSE.
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#3 Posted : 13 March 2007 09:32:00(UTC)
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Posted By Robert K Lewis Harry Presuming that these pieces of plant will not run on rails or similar specific item that has to be installed prior to their use then CDM is not applicable. However all that CDM effectively does is to re-iterate,in a construction context, the various requirements that exist in other legislation including such as PUWER, LOLER, MHSWR, HASWA74 sect 2, 3, 6 etc. These must be conformed to in any operation. You will also need to consider the context of the installation. If it is to take place in the context a construction project then you will need to comply with CDM or undertake the work post contract completion. Bob
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