achrn, CDM applies to all construction work in GB. CDM applies!

I agree this is a difficult issue and the ACOP to the 2007 regs doesn't really clarify - however the issue to me is the spirit of the regulations - they are primarily for the management of the construction of a long-term structure. Just how long does it take for the tent to be erected? certainly not more than 30 days!!! Plus how long is the structure to be in place? Now this is just my opinion but I don't believe CDM applies - however, the general requirements of CDM that applies to all 'construction' projects are those which are sound health and safety anyway - ie designing out possible risks, undertaking appropriate risk assessments, ensuring appropriate communication between all parties is in place.... this should be in place whatever you are erecting.... If you are still in doubt - seek the advice of the HSE - the only definitive view on whether CDM applies to your 'project'!!!

achrn, Constructing a go-cart doesn't exactly slot into the interpretation (Reg 2)! extract from the Regs: Construction work includes - (c) the assembly on site of prefabricated elements to form a structure or the disassembly on site of prefabricated elements which, immediately before such disassembly, formed a structure. Structure means - (a) any building, timber, masonry, metal or reinforced concrete structure, railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line, cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure or structure designed to preserve or alter any natural feature, fixed plant and any structure similar to the foregoing. Looking at your attached links, it seems clear to me.

I don't think it's right to say that the regs are primarily for the management of the construction of a long-term structure - after all, 'structure' also means "b) any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work". It's probably permanent structures that get most effort, but the regs explicitly cover temporary structures too. However, the approach that both ron hunter and HPhillips have suggested / implied is the way I'm heading at the moment anyway - namely, who cares whether CDM actually applies, because there's still a need to meet safety requirements, under stuff ranging from the Public Health Acts Amendment Act 1890 ("whenever large numbers of persons are likely to assemble on the occasion of any show, entertainment, public procession, open air meeting, or other like occasion, ... every platform, balcony, or other structure or part thereof let or used or intended to be let or used for the purpose of affording sitting or standing accommodation for a number of persons, shall be safely constructed or secured to the satisfaction of the surveyor of the urban authority") through HASAWA and beyond. It does need to meet various fire requirements, it generally doesn't need to meet building regs (on account of temporary nature - it's an exemption under schedule something-or-other). Depending on where it's sited, it might need to meet other regs too. So in practice, there won't actually be significantly more or less design effort or significant paperwork whether it does or not. However, 'they' want to know if CDM applies, largely just to put a statement one way or the other in some paperwork somewhere, and I get asked the question. I think CDM ought to apply, and if it doesn't apply, it's an oversight / loophole, but it would be nice to have some evidence or something to cite, and from my digging to date, the only evidence I can cite (the IStructE guide) contradicts my view.

The accident detailed below (temporary buildings) resulted in prosecutions under CDM. http://www.bbc.co.uk/new...orthern-ireland-15136017

When you ask does CDM apply, remember that CDM 2007 covers all construction work, not just notifiable projects. This is a common mistake and misunderstanding that occurs. Even if it's just one day's work it is likely that Regulations 26-44 will apply.

We've been through this - no, it does not. It does not apply to construction operations to or on vessels such as ships and mobile offshore installations, or to fabrication of elements which will form parts of offshore installations. More relevantly to this case, it does not apply to operations utilising lightweight movable partitions, such as those used to divide open-plan offices or to create exhibition stands and displays. It does not apply to domestic work designed and executed by a domestic client (ie, DIY) - since all the duty-holders are explicitly defined as those who do stuff "in the course or furtherance of a business". If my wife wants a raised bed in the garden and I build it, CDM does not apply. [Arguably technically, CDM applies but doesn't apply to anyone involved - no duty holders.] Further, saying 'it applies to all construction work', even if it were true, does not help if construction work is not rigorously and exhaustively defined (which it is not).

Apologies for the spelling mistakes, its been a hard week already!!!!!!

Achrn - I think we can both safely say that we have both made assumptions here, your right it may not defininately be notifiable (hold my hands up there and I should not have made such a bold statement, consider me told), but nor are you right in saying that it is definately not notifiable! In your own ommisions it may be a CDM project therefore, if the project goes over the 30 days mark or 500 man hours it may very wekll be notifiable. I have worked on projects similar to this type where our structure has been in place for between 8 and 10 weeks. Have a good day

I suspect that the HSE guidance which contains reference to demountable partitions and exhibition stands was intended to provide scope for excluding very simple structures from the requirements of the CDM Regulations. The taller, multi-deck types of structures, which may variously include staircases, staging and lighting rigs and with which achrn is concerned, are more complex from a number of perspectives and I would therefore expect their erection and dismantling to fall within the requirements of the CDM2007 for non-notifiable projects. Additionally, given the potential consequences of collapse, when compared to smaller and more simple display stands, it would be of no surprise if exhibition organizers required some form of design statement from a structural engineer to verify the stability and load-bearing capacity of these larger exhibition stands.

Using a structure is not construction work, and it's the duration of the construction work that determines whether it's notifiable, not the duration of use of the structure between periods of construction work (see ACOP para 16 for example - days on which construction work does not take place don't count). Even if you count both erection and dismantling as one project, it won't be notifiable. Besides which, the structure is not going to be used for 30 days in any one location so even if using the structure did count as construction work, it wouldn't be notifiable.