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Does anyone have a snapshot interpretation of this guidance, or viewpoint on the changes please?
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Birchall31628 wrote:Does anyone have a snapshot interpretation of this guidance, or viewpoint on the changes please? Just have a surf through the last few weeks of the forum. plenty of differing viewpoints.
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Rank: Super forum user
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Extension of application of client duties to domestic clients but with a "deeming" approach which puts the onus on supply chain, unless householder deems otherwise in writing.
Every single project including one man on site for one day requires a construction phase plan.
Replacing CDM Co-ordinator with a Principal Designer. Not clear from guidance as to whether the PD must be a designer (as defined in CDM). The draft CITB/CONIAC guide for PDs has contradictory statements.
Requirement for PD and Principal Contractor on any project that is likely to have more than one contractor. Note that a self-employed person falls within the definition of contractor.
Removal of two-way competence requirements for designers and contractors, including PD and PC. Replaced with two-way requirements for necessary skills, knowledge (and in Northern Ireland consultative document, 12/2014, training) and experience, and if an organisation, the "organisational capability" - i.e. either four or five elements of competence. Guidance pushes PAS 91, but unlike CDM 2007 ACOP, not included. You have to go and get another document from BSI. Guidance also pushes SSIP.
Client required to provide pre contruction information (as present) + ensure that a construction phase plan is prepared. No explicit duty to check its adequacy before allowing construction to proceed.
Designer required to provide information about residual risks to other duty holders. No qualification in draft regs as to what risks, so likely to see lots of information about the obvious.
Very onerous, including strict liability duties on PD.
New duty on contractors to comply with directions from PD. No qualification of these directions from PD or PC - existing regs refer to "reasonable directions".
No requirement for health and safety file if only one contractor.
Threshold for notification extended to >30 days AND >20 workers on site simultaneously OR >500 person days. This aligns with parent directive, but throws away a threshold for notification of relatively small projects (where the accident rates are stated by HSE to be higher) that has been in place since at least 1937 - HSE say they think they have enough intelligence to pick up smaller projects (despite all the cuts in their staffing!).
Most of the rest is similar to current.
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Thanks Peter, an excellent summary, which I shall probably plagiarise. peter gotch wrote: Replacing CDM Co-ordinator with a Principal Designer. Not clear from guidance as to whether the PD must be a designer (as defined in CDM). The draft CITB/CONIAC guide for PDs has contradictory statements.
The regs themselves define PD as "the designer appointed under regulation 5(1)(a) to perform specified duties in regulations 11 and 12;", ie the principal designer is one of the designers by definition. I'm aware if the CITB statement "The principal designer must be a designer on the project", but haven't spotted the contradiction of that - where is it?
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peter gotch wrote:Every single project including one man on site for one day requires a construction phase plan.
Are you sure? I though it was for more then one contractor on site.
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acrcn
"If you are ALSO acting as a designer, refer......" - implication is that you don't have to be a designer.
"You can combine your role as principal designer with other roles such as the project manager" - PM need not be a designer.
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peter gotch wrote:acrcn
"If you are ALSO acting as a designer, refer......" - implication is that you don't have to be a designer.
"You can combine your role as principal designer with other roles such as the project manager" - PM need not be a designer. Hmm not sure you are reading something more into this than was intended. In order to fulfil the role of PD you need to have the 'skills, knowledge and experience' for that role. So whilst this does not dictate a PM cannot be the PD, he can't just simply be a PM, he would need to be a bonifide designer in order to satisfy the aforementioned CDM criteria.
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zodiacmindwarp wrote:peter gotch wrote:Every single project including one man on site for one day requires a construction phase plan.
Are you sure? I though it was for more then one contractor on site. Yes, quite sure. Pretty much every thread on CDM15 has this in it, so I guess this one needs it too: From the regs: "A client must ensure that before the construction phase begins, a construction phase plan is drawn up by the contractor if there is only one contractor, or by the principal contractor;" "If there is only one contractor working on the project, the contractor must draw up a construction phase plan, or make arrangements for a construction phase plan to be drawn up, as soon as is practicable prior to setting up a construction site. " From the L-series (ie draft ACOP): "161. For single contractor projects, the contractor must ensure a construction phase plan is drawn up as soon as practicable before the construction site is set up (regulation 15(5))."
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Ray
Even HSE admit that many projects are going to appoint a PD who is NOT a designer.
From the final Impact Assessment.....
87………….However, our consultation with stakeholders revealed a widespread understanding that some projects would continue to contract out the co-ordination role to an external party, especially at first. The reasons given for this included lack of confidence or lack of interest of some designers in fulfilling the principal designer role.
88 Projects which continue to hire an EXTERNAL party to carry out the coordination role would not experience the savings calculated above. We have therefore reflected the feedback received by making assumptions about, for each year, what proportions of compliant projects would have the co-ordination function discharged by someone already in the team, and then applying those proportions to the savings figures. Based on our discussions with stakeholders, we have assumed that this proportion would be 60% for the first year, 70% for the second, and 80% after that. Part of the increase is expected to happen as designers become more comfortable with the new role, .......60% of projects in year 1, especially new projects, probably not 60% of turnover, particularly on existing projects. We've got at least one client who intends to transfer CDMC appointments to PD appointments on projects with 20 years to run, where we may also be a designer, but we are certainly NOT the lead designer.
We've got other projects where we act as Owner's Engineer and CDMC - NO design responsibility where the probability is that we will continue as PD.
We've had term commissions where the clients have specifically wanted a CDMC who is independent of the design team (including to facilitate a consistent approach to delivery). Such clients are likely to decide that this method of procurement is for them.
The challenge will be ensuring sufficient contractual clout to fulfill some very onerous duties.
Paragraph 88 of the IA concludes
.....but also as HSE works with the industry in the next years to help them transition to the new regime and deliver the co-ordination function as was intended by this proposal.
Is HSE expecting a reversal of the slashing of its staffing? Construction Division business plan has continually envisaged targeting Government and major projects since mid 2000s. I'm still booking to a Planning Supervisor workstage on one Government major project that has received zero contact from the regulator. Doubt this lack of contact will change any time soon.
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I thought IOSH was non political
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Just to get this right now, are we saying that for example a double glazing contractor who is the sole contractor doing a job for a domestic client, typical replace windows, and the work will take a day or less, a CPP will be required?
Is there any allowance for a window cleaner who attends many many domestic addresses in a day ?
Is window cleaning a construction process?
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FireSafety101 wrote:Just to get this right now, are we saying that for example a double glazing contractor who is the sole contractor doing a job for a domestic client, typical replace windows, and the work will take a day or less, a CPP will be required?
Is there any allowance for a window cleaner who attends many many domestic addresses in a day ?
Is window cleaning a construction process? I will ask my window cleaner next time he comes round if I can have a CPP and se what he says...Lol.
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Peter
'Even HSE admit that many projects are going to appoint a PD who is NOT a designer.'
Well just makes a farce of the whole process if that is the case. Many people are just going to ignore the new regulations because they are either unworkable or too onerous. To be honest, I could not blame them either.
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RayRapp wrote:FireSafety101 wrote:Just to get this right now, are we saying that for example a double glazing contractor who is the sole contractor doing a job for a domestic client, typical replace windows, and the work will take a day or less, a CPP will be required?
Is there any allowance for a window cleaner who attends many many domestic addresses in a day ?
Is window cleaning a construction process? I will ask my window cleaner next time he comes round if I can have a CPP and se what he says...Lol. Don't ask him until April though :-)
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FireSafety101 wrote:RayRapp wrote:FireSafety101 wrote:Just to get this right now, are we saying that for example a double glazing contractor who is the sole contractor doing a job for a domestic client, typical replace windows, and the work will take a day or less, a CPP will be required?
Is there any allowance for a window cleaner who attends many many domestic addresses in a day ?
Is window cleaning a construction process? I will ask my window cleaner next time he comes round if I can have a CPP and se what he says...Lol. Don't ask him until April though :-) Good point.
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FireSafety101 wrote: Is window cleaning a construction process?
No, I don't think so. "...including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances" implies that cleaning that does not use high pressure or corrosive or toxic substances is not construction work.
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No, but the painter who paints the window frames will be in scope.
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Window Cleaner may come under Schedule 3 item 1 falls from height? Work involving particular risks? Still reading through the draft. What was wrong with the term Competent? Seems some one has been using a theasuraus so not to use the word!
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I had a chat with a glazing contractor this morning, they can do 7 or 8 small jobs in a day so CPP will be unworkable for them.
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