IOSH forums home
»
Our public forums
»
OSH discussion forum
»
CDM 2015 SI. 2015 No. 51 - They have been signed off!
Rank: Forum user
|
The CDM Regs 2015 will be in force from 6th April 2015
|
|
|
|
Rank: Super forum user
|
Could you post where you read this? Thanks
|
|
|
|
Rank: Super forum user
|
Yes and it is going to be interesting. I do not believe Clients and Designers have fully understood the implications.
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
Alfasev wrote:Yes and it is going to be interesting. I do not believe Clients and Designers have fully understood the implications.
Most still havnt with 2007.
|
|
|
|
Rank: Super forum user
|
In force on due date unless voted down in either of the Houses of Parliament.
|
|
|
|
Rank: Forum user
|
lets pray common sense prevails and it is not voted in . . .
|
|
|
|
Rank: Super forum user
|
Who is going to lobby the parliament to ask for CDM 2015 to be annulled when the key representative bodies (APS & RIBA) as such did not have significant objection to the new regs?
The only hot potato may be the domestic cleint duties.
One can argue, that even if it takes up to 2 years for RIBA members to become competent to fully undertake Principal Desgner duties, in the long run, that may be more effective than the CDM-C.
You need to read the detailed Explainatory Memorandum and the Impact Assessment and have the data/ key organisational bodies to robustly lobby parliament to annul it. Anecdotal examples will not do.
http://www.legislation.g...s/uksiem_20150051_en.pdf
http://www.legislation.g...dfs/ukia_20150042_en.pdf
|
|
|
|
Rank: New forum user
|
'Negative procedure' refers to a procedure that a statutory instrument can go through. A statutory instrument going through this procedure will automatically become law unless there is an objection from either House.
39 days from last Friday for either Houses of Parliament to object and throw this out. I wonder if anyone is trying.....!
|
|
|
|
Rank: Super forum user
|
Eddie1 wrote: I wonder if anyone is trying.....!
On what basis?
What, specifically, does anyone that's suggesting they shouldn't happen consider to be bad law that should result in the regulations being repealed?
|
|
|
|
Rank: New forum user
|
A grossly flawed impact assessment for starters. It underestimated the cost of training for designers as my current employer is finally waking up to. To have the necessary S,K,E & T to undertake the roll requires the construction expertise and an understanding of H&S legislation and design risk management. Employers will have to pay for the training or bring in the expertise to assist their designers. Less than i% of our current designers meet the requirements at the moment.
In addition in my view the New regulations do not comply with the EU directive and may not stop the fine which our government is facing. Read both and you can work out why yourself.
The application of the regulations to more than one contractor ie person brings in more construction and maintenance activities. A construction phase plan is required for just about every activity. Don't think the HSE talking about proportionate application will stop a prosecution if things do go wrong.
The cost to the industry will increase as clients pay for CDM consultants and Assistance to PD's who aren't up to the job or don't want it.
One of the biggest private sector employers in the country along with one of the biggest property developers are doing just that when the regulations become law. I could go on but its a done deal and the regulations will be law in April - flawed or otherwise.
|
|
|
|
Rank: Super forum user
|
Eddie1 wrote:
In addition in my view the New regulations do not comply with the EU directive and may not stop the fine which our government is facing. Read both and you can work out why yourself.
That's really helpful. Numerous legal experts have presumably also read both and advised the government that these regulations do comply with the directive. In what way do you think the new regs do not comply with the directive?
Most of the rest, I think you're just saying that the impact assessment under-estimated the costs. I don't see that as being sufficiently in error to repeal the regulations. Since the prime objection appears to be that the regs now apply to sites with two or more contractors, and that criterion is in TMCSD, don't you need to be campaigning for repeal of TMCSD, rather than repeal of CDM2015?
|
|
|
|
Rank: Super forum user
|
Achrn,
The legal experts got the last CDM wrong didn't they?
Also the Asbestos regs needed two versions before that was acceptable.
If UKIP were a little less dim they could make a brilliant case as to why this is another example of the EEC regs are costing Joe Public.
Not that I believe it is really the EEC, its another case of politics overriding common sense.
HSE has lost its way and is not fit for purpose.
|
|
|
|
Rank: Super forum user
|
Am I the only one to support the new CDM15 introduction? It did one thing that really needed to be done - getting rid of the notion of a professional CDMC being necessary to the safe performance of the project. Yes there are flaws notably around competency but even this has a benefit if the endless PQQ schemes come to an end, we can return to the sanity of clients being forced to make proper assessments of those they are choosing to do work.
When we bear in mind also the high number of independent self employed contractors on a site working for a single contractor organisation then the issue of application to two or more contractors is pretty soon met. Even local independent builders have to subcontract out some work, eg the electrician, the plumber, the gas fitter, the plasterer, the decorator etc etc. So what is the issue?
Maybe this could be the start of a new era of responnsibility
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
Whilst I can appreciate what you are saying I think it`s worth noting that all "lead designers/designers" have had duties with regards to health and safety under the current and previous iterations of the CDM Regs and whilst some have dealt with it effectively a lot havnt. I cant see this changing just because you give them a new title and new responsibilities. They chose to ignore a lot of the old ones !
Whilst RIBA have said they will be bringing a degree of risk management and health and safety into their future sylabus for architects this will only be to minimal level and will probably take years before it filters into the industry(if it ever does).
There is a lot of CDMC bashing on here, some justified and some not IMO. The reality of these regs is they are putting the initial project health and safety responsibilty into the hands of a group of people who, mostly, are ill prepared, under experienced, unwilling and not qualified to deal with it.
|
|
|
|
Rank: Forum user
|
#Quote- Yes there are flaws notably around competency but even this has a benefit if the endless PQQ schemes come to an end, we can return to the sanity of clients being forced to make proper assessments of those they are choosing to do work.
Whist I support your view it has to be said that SC'S / SSC's will still need to qualify for tender, how do you propose removing PQQ's?
|
|
|
|
Rank: Super forum user
|
paulw71 wrote:
There is a lot of CDMC bashing on here, some justified and some not IMO. The reality of these regs is they are putting the initial project health and safety responsibilty into the hands of a group of people who, mostly, are ill prepared, under experienced, unwilling and not qualified to deal with it.
From my point of view, the reality of these regs is that they put control of health and safety in design into the hands of people that can actually do it and are actually doing it - designers.
Can't do? Co-ordinate.
|
|
|
|
Rank: Super forum user
|
achrn wrote:paulw71 wrote:
There is a lot of CDMC bashing on here, some justified and some not IMO. The reality of these regs is they are putting the initial project health and safety responsibilty into the hands of a group of people who, mostly, are ill prepared, under experienced, unwilling and not qualified to deal with it.
From my point of view, the reality of these regs is that they put control of health and safety in design into the hands of people that can actually do it and are actually doing it - designers.
Can't do? Co-ordinate.
Do they really ? All of them ? A majority ? Not from my experience in over 15 years on hundreds of projects. Still, I suppose you entitled to your opinion.
|
|
|
|
Rank: Super forum user
|
paulw71 wrote:achrn wrote:
From my point of view, the reality of these regs is that they put control of health and safety in design into the hands of people that can actually do it and are actually doing it - designers.
Can't do? Co-ordinate.
Do they really ? All of them ? A majority ? Not from my experience in over 15 years on hundreds of projects. Still, I suppose you entitled to your opinion.
How many of the CDM-C's on those projects were capable of designing those projects?
How often do you take the word of someone that can't actually do it about what the best way to do it is (whatever 'it' might be)?
It's a recurrent theme on this forum that when producing method statements, or risk assessments, or procedures, you should consult and pay attention to the people doing the work. When it comes to incorporating safety into the design process, however, all of a sudden the people actually doing the work - designers, the people designing - are untrained incapable morons and not to be trusted. They aren'ty interested in safety. They aren't capable of considering safety. Only the magnificent CDM-C, out of whom the sun doth shine, is capable of managing safety during design.
Why does the principle of listening to the people that are actually doing (and actually capable of doing) the work apply to the factory floor, but not to the design office?
|
|
|
|
Rank: Super forum user
|
achrn wrote:paulw71 wrote:achrn wrote:
From my point of view, the reality of these regs is that they put control of health and safety in design into the hands of people that can actually do it and are actually doing it - designers.
Can't do? Co-ordinate.
Do they really ? All of them ? A majority ? Not from my experience in over 15 years on hundreds of projects. Still, I suppose you entitled to your opinion.
How many of the CDM-C's on those projects were capable of designing those projects?
How often do you take the word of someone that can't actually do it about what the best way to do it is (whatever 'it' might be)?
It's a recurrent theme on this forum that when producing method statements, or risk assessments, or procedures, you should consult and pay attention to the people doing the work. When it comes to incorporating safety into the design process, however, all of a sudden the people actually doing the work - designers, the people designing - are untrained incapable morons and not to be trusted. They aren'ty interested in safety. They aren't capable of considering safety. Only the magnificent CDM-C, out of whom the sun doth shine, is capable of managing safety during design.
Why does the principle of listening to the people that are actually doing (and actually capable of doing) the work apply to the factory floor, but not to the design office?
By that rationale we might as well do away with all H&S roles and just leave it to the people who are doing the work then. "They do the work ergo they they are the most competent" falls down on so many levels. No one is saying "the cdmc is magnificent etc". (Incidentally. sarcasm doesnt help make your point).
Day after day I see issues with designs, risk assessments etc and information produced by "competent" architects that makes me despair when I read them. And now these same architects will be planning manageing and monitoring h&S in PCP of projects. Just because they are competent in design issues does not make them competent in H&S issues.
Finally if your assumption is so correct it appears to fly in the face of what the bulk of the industry is saying with regards to designers needing years to get up to speed with the requirements of the PD role and sub-contracting the duties to experienced third parties. But hey. You know best.
|
|
|
|
Rank: Super forum user
|
paulw71 wrote:(Incidentally. sarcasm doesnt help make your point).
paulw71 wrote:But hey. You know best.
|
|
|
|
Rank: New forum user
|
And a further problem is now looming - in that if you are intending to be a "Principal Designer", you have to check with your Professional Indemnity insurers to see if they will cover you for the more onerous role...
|
|
|
|
Rank: IOSH member
|
An interesting thread, with a wide range of opinions! There is a suggestion above that organisations such as APS have not been lobbying Parliament over these proposed changes. This is totally wrong, as APS members who have followed the articles in Digest magazine and numerous member e-bulletins will know. APS has been heavily involved in lobbying activities with both main parties throughout this whole process but there has been little doubt throughout that CDM2007 would definitely be replaced with CDM2015, whatever lobbying takes place. Therefore, the APS emphasis has more recently been in discussing with HSE and others, during the lengthy consultation process, how the original draft Regulations might be improved - in this respect many changes have been achieved (e.g. introduction of a transitional period, reworking of the Impact Assessment, reintroduction of a smaller ACoP etc).
APS is currently running a series of 17 regional CPD events for its members giving detailed information and advice on the new Regulations and the accompanying L-series Guidance. These seminars have been completely sold out and this week we will be following these up with a second series of CPD sessions (again 17, held regionally), free to APS members, outlining in some detail how APS is responding to the changes and how they will remain as our members' partner for the future.
Rob Strange OBE
CEO
The Association for Project Safety
|
|
|
|
Rank: Super forum user
|
The problem Rob is that members have been looking for the APS to safeguard their future employment and businesses. With all due respect the APS should not have charged member £85 for a seminar that is crucial for their futures, it should have been free.
I have not actually been to a seminar but I have been told not to bother. Apparently the seminars are useful to someone who has not actually read the new regulations but fails to answer a lot questions experience professional have.
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
Not really for many (or some?) of them:-
Extract from the RIBA article in my previous posting #15:-
Removal of the CDM-C role :-
These regulations generated the planning supervisor and then the construction design and management co-ordinator. The role of the CDM-C has taken on its own persona: a lot of good work has been done but the overall judgment has been negative. In short it is seen by most as adding very little. Along the way we seem to have forgotten that this was to have been a role not a person. Like all consultants, in future they will need to pitch for their work based on the full range of commercial pressures. They will be appointed on skill, expertise, and a fee bid not named in regulations. As with other consultants the strong and talented will survive, those not up to the job will not. There is a need for the construction health and safety professional adviser, but one appointed on need, merit and demand. The HSE was very clear in the consultation in its criticism of the wasteful distracting practices that have grown alongside CDM
http://www.ribaj.com/int...d-management-regulations
|
|
|
|
Rank: Super forum user
|
Jay wrote:
Extract from the RIBA article in my previous posting #15:-
Removal of the CDM-C role :-
.....There is a need for the construction health and safety professional adviser.....
So, a designer who is not skilled in H&S has a duty to appoint an H&S consultant at the design stage.
Simples.
But does CDM2015 say that?
|
|
|
|
Rank: Super forum user
|
Designers always had duties in CDM 2007 and it continues with CDM 2015. What has changed is the new "lead designer" role. We appear to be making the same assumption for CDM 2015 that was made for CDM 2007, i.e , "..........Along the way we seem to have forgotten that this was to have been a role not a person, in the same manner for Lead Designers etc.
We appear to be making this more conplicated than need be. For large complex projects, it has been & will be a team of cometenet H & S persons and not any individual as an individual is unlikely to have ALL the competencies.
|
|
|
|
Rank: Super forum user
|
I guess it's all water under the bridge now...but the CDM-C role could have stayed as an independent person removed from both the Client and PC for impartiality. In many large organisations who adopted the role of the CDM-C an absolute numpty was appointed as the CDM-C - making it a pathetic joke.
2015 here we come...
|
|
|
|
Rank: Super forum user
|
Slight highjack:
Rob (Strange),
Your details (to the left of your post) describe you as "Rank: IOSH Senior Management Team".
Is this correct?
|
|
|
|
Rank: Super forum user
|
walker wrote:Slight highjack:
Rob (Strange),
Your details (to the left of your post) describe you as "Rank: IOSH Senior Management Team".
Is this correct?
Walker,
I raised it yesterday with the Web-team. I suspect it is a hang-over from his previous role.
Good to see you Rob.
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
CDM 2015 SI. 2015 No. 51 - They have been signed off!
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.