Posted By Lwood Scenario: There are a number of dikes/land drains to be cleared and a further number(unspecified)to be excavated using a Medium Tracked Excavator. The work will take 2 men an expected 8 weeks worth of work (no this is not a GCSE question). Aside from the time taken to do the work, is the task in its own right a CDM task? What I am asking revolves round the issue of farm work, is it outside CDM? I have my own thoughts, but am seeking comments from the floor please.

Posted By Dave Daniel Lwood: I don't think this work falls within CDM. To do so, you have to be excavating to build a "structure". You are just engaged in agricultural work by the sounds of it. I know a "structure" can include "earthworks" and "drainage works" but I would argue that you could technically argue that banking up your spuds could be an "earthwork", and I can recall digging "drainage works" on the beach with my bucket and spade very many years ago! In my view you should sensibly argue that CDM is supposed to apply where you employ builders and engage in major drainage work, rather than agricultural contractors. Remember we live in a time of sensible realism not pedantry.

Posted By Ron Hunter IMHO this would seem to fit the CDM definition of "construction work". In reality though is this going to add a burden or complexity?

Posted By clairel From my experience of farmers, you tell a farmer clearing ditches is reportable and they will mutter and it will just get done when no one's looking anyway. I'm more interested in getting them to do the job safely TBH. As to whether it 'technically' applies. Well IMO the definition of construction work seems to apply to just about everything nowadays and I don't think it was really supposed to do that.

Posted By Lwood I did say that I had my own thoughts on the subject and having had comments from the above (many thanks all)I think I will set out my own thinking: Firstly, I did read the regulations along with the guidance and whilst they did indicate that it could be construction, I suspect that the HSE would not be too troubled if we did not report it. I thought of other industries that move materials using plant such as scrap yards, sugar refineries, waste tips and green composting sites. My thinking was that they move materials as part of the work and the primary aim is not construction and in this case the primary aim is to maintain the land and not construct. After all, a ditch is a waste of land to a farmer if the land could be drained without a ditch they would be very happy! Secondly, would the reporting of the task in any way improve the hazard and risk management, to my mind no. However, We do have very good RA's our record is very good for H&S management, its taken seriously hence the discussion and not simply shaking the head. Lastly and possibly the most telling, the HSE do separate farming and construction in its action teams, its reporting and in its guidance notes. Therefore, whilst they and we consider farming to be a risky operation they do treat it separately from construction. Ergo et sum, I will probably not report it as CDM unless one of our HSE enforcement officers uses this forum to advise me otherwise! L

Posted By Phil Rose Yes I think L's approach is pretty sound, and Dave - I like your analogy!

Posted By Ron Hunter Also, given the numerous accidents in Agriculture involving plant & vehicles, that the standard of the machines and the competency of those operating them should be a primary consideration, these issues being overarching & not limited to any CDM context.

Posted By Richard Altoft original question mentions new drains as well as maintenance of existing ones - that tips the balance for me away from "ordinary agricultural work" and strengthens my opinion CDM applies. R