IOSH forums home
»
Our public forums
»
OSH discussion forum
»
CDM Guidance - Workplace (Health, Safety and Welfare) Regulations 1992
Rank: Guest 
|
Posted By Chris Simpson
Hi there,
I am seeking some guidance on the new relationship between the CDM Regs 2007 and WHSW Regs 1992. I recently read in the CITB's GE700 series "Construction Site Safety", with regards to WHSW Regs 92, that these regs didn't previously apply to construction sites, but with the coming into orce of CDM 2007:
* Regulations 18 and 25A now apply to all construction sites.
* Regulations 7(1A0, 12, 14, 15, 16, 18, 19 and 26(1) now apply to construction work being carried out indoors.
I am happy with the fact that some WHSW Regs 92 apply to construction work, but can anyone give a definition of what is meant by "indoor" work. Is it construction work that is under cover, i.e. installing electrical circuits or piping in an unfinished building, or construction work being carried out indoors in a completed structure that is occupied, or something else.
Please excuse my ignorance but I haven't been able to find any good advice on this.
|
|
|
|
|
|
Rank: Guest
|
Posted By Richard Altoft
Chris, my understanding is that CDM2007 requires projects that are or which contain workplaces to be designed to comply with the WP Regs so that once taken over by the client and put into use as workplace the WP Regs are satisfied when the project is used as intended (CDM 2007 reg 9 and 11 refer) but that construction sites are NOT required to comply with WP Regs as they have their own regulations about construction workplaces contained in CDM2007 which replaces the previous CHSW Regs. Hence CDM 2007 Regs 25 to 44 apply to all construction sites but WP 1992 Regs do not.
Anyone else concur ???????????
R
|
|
|
|
|
|
Rank: Guest
|
Posted By David G C
Agreed, Construction sites in site offices are excluded from WP Regulations. Where construction work is in progress within aworkplace, it can betrewated as a construction site and so excluded from the WP regulations, it is fenced off; otherwise the WP regulations apply.
|
|
|
|
|
|
Rank: Guest
|
Posted By David G C
should read including site offices
|
|
|
|
|
|
Rank: Guest
|
Posted By Chris Simpson
That was always my understanding before CDM 2007, but it would seem that this is not the case now, if what the GE700 Construction Site Safety book states is true;
* Regulations 18 and 25A now apply to all construction sites.
* Regulations 7(1A0, 12, 14, 15, 16, 18, 19 and 26(1) now apply to construction work being carried out indoors.
This is taken from section A6 page 13 which gives guidance on the WHSW Regs.
Am I just confusing myself with all this? Has anyone else read this in the GE700 and has a view?
|
|
|
|
|
|
Rank: Guest
|
Posted By Richard Altoft
Unless I have got an old version of WP regs then there is some nonsense in what is being quoted.
There is no Reg 25A and I cannot see what 1A0 means (typo ??)Reg 26 (1) is pretty meaningless as well.
If construction workplaces are not construction sites such as with remote offices or a canteen or a workshop then WP regs do apply but I am pretty certain they do NOT apply to construction sites.
R
|
|
|
|
|
|
Rank: Guest
|
Posted By Chris Simpson
Richard,
The WHSW regs were amended by the Health and safety (Miscellaneous Amendments) Regulations 2002. This is where regulation 26A came from. There are other additions and deletions as well.
You are correct, there is a typo, it should read 7(1A).
Aside from the GE700, does anyone know anywhere else where it is written that WHSW regs now apply (in part) to Construction sites?
|
|
|
|
|
|
Rank: Guest
|
Posted By Richard Altoft
Chris, doing something else today I reread Schedule 5 to CDM2007 (replicated on page 99 of the ACOP) -- that seems to say that WP Regs do apply in exactly the same wording as you gave originally. I still don't know where reg 26(1) come from as that is not in origin regs or in Misc Provisions (typo for 25(1) perhaps. AS for your original query I am not sure what "indoors" means either except I think it relates to doors and walls not simply roofs being provided. Dictionary defines "indoors" as relating to something which is provided inside a building, hence until the building itself actually exists nothing can be "indoors" which perhaps means new build is far less likely to have "indoor" workplaces but a refurb job would almost certainly be "indoor". This is not as clear as it could be.
R
|
|
|
|
|
|
Rank: Guest
|
Posted By Diane Thomason
Now I'm very confused. the explanatory note to CDM 2007 says:
"These Regulations revoke and replace the Construction (Design and Management) Regulations 1994 (S.I. 1994/3140) (Parts 2 and 3) and revoke and re-enact, with modifications, the Construction (Health, Safety and Welfare) Regulations 1996 (S.I. 1996/1592) (Part 4). "
So, do we now have safety and welfare provisions from modified CHSW, WHSW and CDM2007 all applying?
What exactly does "revoke and re-enact" mean? Does it mean that CHSW is still in force "as amended 2007"?
Diane
|
|
|
|
|
|
Rank: Guest
|
Posted By Richard Altoft
Revoke means cancel so anything revoked has gone. Replace means just that -- here is something new, do this and forget about the old way
Re - enact means here is something in a new form but it enacts again what the old version enacted.
In CDM 2007 terms it means that CHSW has gone but most of it has been re-established by regulations 25 to 44 of CDM2007. Some of CHSW of course went sometime ago as it was in the main used to write the WAH Regs
|
|
|
|
|
|
Rank: Guest
|
Posted By Diane Thomason
OK, got it I think - i.e. there is no CHSW any more, the provisions of it being incorporated in CDM2007 and elsewhere.
Phew.
D
|
|
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
CDM Guidance - Workplace (Health, Safety and Welfare) Regulations 1992
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.