Hope it does and we will see the end of CDMCs claiming to be the arbiters of construction safety. That said they do play a useful role independent of the designer, challenging the cosy concerns of many designers. The imprecision re H&S management of the project has created most issues however.

I would like any new acop to look at the whole matter of competency assessment from a fresh perspective as the current information relies heavily on questionnaires, even though this is not explicitly stated. We need guidance that helps companies and individuals demonstrate their competence and competence management. It should also help clients to understand what they need to look for without reliance on questions as the prime choice.

Bob

As a consultant I occasionally answer a builder's plea for help with H&S on his smallish (but notifiable) building site, and I try my best to take on the dual role of CDM-C and safety consultant.

It's never easy because a small site client who also must become the PC on site has difficulty grasping the needs of CDM and how the roles are to be defined.

Explaining CDM to a barely competent client often results in blank looks, and they will often soon start ignoring my advice on scaffolding issues and other Work at Height issues.

An example. The client decides he wants to do the scaffold inspections to save money. It soon becomes clear to me that he is not competent to continue doing these inspections because he ignores the absence of edge protection either in the scaffolding or in half-built floor areas.

So I tell him we need to appoint a better inspector, and he is offended by that, indeed angry. I say we should also not rely on the scaffold contractor, and we need also to assess also how safely brickies are working on the scaffold, so I say that I have enough knowledge and experience with smallish sites that I can do the written scaffold inspection reports for him. He doesn't want to pay me 2hrs a week to do the inspections .....

How do I enforce CDM in these situations?

Sometimes I just walk away, go on line, and take my name off the F10.


JohnW

Because of the wider scope of stakeholders driving these changes on this occasion, I am taking somewhat of a pragmatic view on their impact construction safety management, however these are my thoughts.

Co-ordinator obsolete? No, because the role of ‘The coordinator(s) for safety and health matters during the project preparation stage’, is enshrined in the Temporary or Mobile Construction Sites Directive, however we may see the CDM-C title taken away.

Change? Yes, because the new regulations are likely to be an almost direct “copy out” of the TMCS Directive.

Who will undertake ‘The coordinator(s) for safety and health matters during the project preparation stage’? Back in August the HSE appeared to promoting the concept of the lead designer undertaking this role; however the APS are also seeking a wider role for the CDM-C.

Domestic Clients? Interesting one, I think politically the HSE will simply identify the Lead Designer undertaking the coordinator’s role, unless the Client specifies otherwise.

ACOP? I suspect that this will not happen as there will be a dash to get these Regulations published due to pressure from the EU, drive to reduce red tape and a certain political event in 2015. There may be a simple guidance document published.

I would hope that common sense will prevail in the Irish consultation just as it has (so far) in the UK.
Application of CDM to private domestic homeowners is disproportionate and burdensome.
HSC were quite open about this when CDM was drafted (as they were with rejecting the "two contractors or more" notification threshold), and I would hope that the UK (and Ireland) would continue to constructively challenge the EU on those aspects.

Ron, I am somewhat ambivalent about domestic and commercial construction activities being totally separate. Many of those working in construction related activities hide behind the domestic veil, when in fact it is a commercial activity, such as designers, project management companies, agents, etc. We do in effect have two standards which are applied and I don't see why employers on domestic work should be exempt from all CDM regs.

Ray

Ray et al, please understand that I refer to the (IMHO) disproportionate approach of bringing householders into the ambit of health and safety law and placing particularly onerous responsibilities on them as a CDM "Client". Full implementation of the Directive would bring every improvement project involving 2 or more contractors within the full impact of CDM/TMS - surely a crazy situation.
See also para 7.12 of:

http://regulations.compl...%20THE%20CONSTRUCTION%20(DESIGN%20AND%20MANAGEMENT)%20REGULATIONS.pdf


To be clear - H&S law and CDM duties apply to designers and contractors irrespective of the nature of the client or location of the construction project.

I'm reading that judgement as by an Italian Tribunal Peter. I think it proper that Member States continue to challenge this application to domestic clients.

John,

Horse and water quickly come to mind in your situation.

Unfortunately construction is an industry of two halves (arguably with the diverse safety standards we have it is two industries).

If anyone told me that they did not know what the Construction, Design and Management Regulations were, that would indicate that they had never worked for a large contractor, they had not worked very long in the industry, never obtained a CSCS card or they simply did not want to know!

I have been in that situation before, and I quickly assess the situation by asking the question, ‘is it worth putting our PI insurance at risk’, if it is not, then I would simply walk away from the project.

When domestic client’s projects become notifiable, I can see the situation where the level of co-ordinator fees offered are never going to be proportionate to the actual risk.

Ron, exactly, and of course any suggestion that the project should not start is often ignored. While I'm still waiting for copies of contractors' skills certs or liability insurance certs the diggers might have already moved in ......

I do, though, feel like I'm 'working in the community', all my customers are within 15 mile radius, I genuinely want to help them work/build safely. I try and keep my own backside covered with timely advice/warnings appropriately dated etc. But if the CDM-C has to ensure arrangements are in place for ..... and because of an evasive or clueless client/PC I haven't been able to ensure ..... then is it time to walk away. Sometimes I wonder can I walk away having not ..... ?

The project I walked away from also included an asbestos survey which I had significant doubts about!