Posted By CFT
Yes for compliance but not for notifiable, so you are essentially correct. They now owe you an extra pint!

CFT

Posted By Andrew Brown
The other point worth clarifying here is the definition of project.

I am assuming you are suggesting a scenario of splitting up a big project into lots of little projects to avoid CDM application for notification, appointment of a Prin Con and then hopefully also the old Construction regs (Now CDM 2007 part 4)?

CFT is right you cannot avoid CDM 2007 part 4 as it applies to all construction work.

But even if you decide to split the project up into lots of small ones with separate contractors for each bit it is still one project (assuming the bits run consecutively without big time gaps and are all associated with the same finished structure).

If the construction phase of the 'sub projects' lasts more than 6 weeks the whole lot is notifiable start to finish and each sub project will have to have a Principal contractor and CDM-C.

CDM 2007 Reg 2
"project" means a project which includes or is intended to include construction work and includes all planning, design, management or other work involved in a project until the end of the construction phase;

So the client would need to notify the whole project and cannot escape notification by splitting up the job into short bits. Also you cannot say the only notifiable part is the construction phase of the job.

I am involved in a major civils project due to build 2009, we are currently tendering the design and have carried out boreholes. We have notified the project to HSE, appointed a CDM-C and made the borehole contractor Prin Con for his work. The fact that he was only on site for 4 weeks is a red herring the whole project is notifiable so a PC is needed for any construction work.

The APS has printed information on this in their most recent newsletter, titled 'Ground Rules' where a member sought clarification from HSE on this issue. Unfortunately you have to be a member to access so i can't provide the link

Hope this wins next weeks bet in the pub

Posted By Granville Jenkins
Hi I feel that this is a good opportunity to add a bit more meat to the plate (apologies to all veggies!)

CDM 2007 brought in a new requirement for the 'client' to appoint and liaise directly with a CDM Co-ordinator for all notifiable project i.e. projects lasting more than 30 working days or more than 500 person days. It is no longer permissible for the client to delegate these duties to the Principal Contractor.

One further requirement (as mentioned in a earlier response) is that CDM now applies to all construction projects not just those that are notifiable.

Its interesting to note the wide scope which the HSE give to construction work, I have taken a section out of the CDM 2007 Regs as I feel it may be useful to other readers:-

"Construction work means the carrying out of any building, civil engineering or engineering work and includes . . . Section 2(1e)the installation, commissioning, maintenance, repair of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to the structure"

Regards
Granville

Posted By Crim
I would add to the above that construction work for a domestic client is also included, however domestic clients do not have client duties under CDM 2007. (No CDM C or notification), but designers and contractors have their normal duties.