Rank: Super forum user
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Apologies if this has been asked already.
I am trying to clarify the requirement under CDM 2015 re the Notification in respect of domestic clients.
Can somebody provide the simple answer lease?
Many thanks.
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Rank: Super forum user
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Notification has to be made regardless of who the client is, as set out in regulation 6. What changes for domestic clients is that the principal Contractor or (by agreement in writing) the Principal Designer submit notification.
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Rank: Super forum user
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Rank: Super forum user
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I have looked at the draft guidance and am confused. Can you point to to the section that states Domestic projects are notifiable in Regulation 6 or 7?
What should a domestic client do?
54. A domestic client is not required to carry out the duties placed on commercial clients in regulations 4 (client duties for managing projects), 6 (Notification) and 8 (General duties) - see also paragraph 23. Where the project involves:
a) only one contractor, the client duties must instead be carried out by the contractor. The contractor must then carry out the client duties as well as the duties they already have as contractor for the project (see paragraphs 147–179). In practice, this should involve doing little more to manage the work to ensure health and safety;
b) more than one contractor, the client duties must instead be carried out by the principal contractor as well as the duties they already have as principal contractor (see paragraphs 110–146). If the domestic client has not appointed a principal contractor then the duties of the client will be carried out by the contractor in control of the construction work.
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Rank: Super forum user
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Decimomal wrote:I have looked at the draft guidance and am confused. Can you point to to the section that states Domestic projects are notifiable in Regulation 6 or 7?
Why refer to the guidance? The regs are quite clear:
6(2) Where a project is notifiable, the client must give notice in writing to the Executive as
soon as is practicable before the construction phase begins.
7(1) here the client is a domestic client the duties in regulations 4(1) to (7) and 6 must be
carried out by—
(a) the contractor for a project where there is only one contractor;
(b) the principal contractor for a project where there is more than one contractor; or
(c) the principal designer where there is a written agreement that the principal designer will
fulfil those duties.
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Rank: Super forum user
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Thanks for that.
I had read it more than one but missed it. (It has been a long week)!!
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Rank: Super forum user
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Please consider this scenario.
A domestic client is having a conservatory built attached to his house, commencing 20th April 2015.
Duration 4 weeks.
Architect has drawn up the plans.
There will be the conservatory company on site and a contractor has been appointed to oversee the works, and carry out everything the conservatory company don’t do.
IMO:
The contractor will become PC and take the client’s duties,
A CPP is required,
A H&S File is required,
A PD is required and this can be the Architect who drew the plans,
The project is not notifiable (not >30 days and not >20 workers on site simultaneously),
The above would apply in accordance with CDM 2005 however as the work has already started, i.e. plans drawn and contractors appointed, this can be CDM 2007.
Am I right but will Pre Construction Information be required?
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Rank: Super forum user
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yes your right but will Pre Construction Information is required
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Rank: Super forum user
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Thanks Alf, are you saying it will be or just asking the same question?
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adequate pre construction info will always be required even if for nothing else but for the pricing of the job & remember that MHSW always applies in any case so an adequate management system will again always be required
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I've been reading through some of the HSE information on the new regs and they mention in one place that they will provide a simple template for a Construction Phase Plan for simple projects. I've had a good look around the HSE site but cant't see it. Has anyone found it yet?
Regarding notification etc. I think that's clear that the project must be thirty days and twenty workers simultaneously. However the criteria set for appointment of a Principal designer and Principal contractor is any project where there is more than one contractor.
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Good discussion!
To citizen smith and others, ive found the CDM Wizard produced by the CITB. I downloaded it onto my smartphone and was a little dubious at first but upon completing the on screen prompts for a made up redecorating contract was very impressed. After around only 5 minutes I was sent a pdf CDM Action Plan with all the specific contact details dates, hazards and control measures included. Well worth a look and includes all SME types of construction activity.
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Rank: Forum user
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Rank: Forum user
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ah Ha it appears they go active automatically.
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Downloaded onto my iPad and see it seems to do the trick.
Thanks for the link Citizen.
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If people continue to use such ready made things then they are having no real ownership of their plans etc. so there is no real care and management and they are falling back on others when this should not be the case as such plans etc. should be owned by the company concerned and whilst there is probably nothing wrong with such things as a starter / example; people will miss things if they do not do things properly and reliance on others will not entice them to do things properly
And what is all the fuss about in any case and it is old hat as all companies should already have in place their template management plans which should only need tweaking for each job to make them bespoke so we do not need yet more examples!!!!!
NB: What happens when a person does not have a smartphone?
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Quite agree to a point bob but these are aimed at small builders that may not have really been involved with CDM before (even if they should have been). They give people a starting point and something to build on. Smartphones and tablets are becoming an integrated part of life these days and we do so much on them but I guess if you don't have one you won't have the App to start with so it's not a problem.
Personally I think that anything that helps small companies manage health and safety and keep their people safe is a good thing.
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I don't usually disagree with you Bob but this time I'm with Citizen.
I assist some small builders with H&S and they are all horrified at having to draw up CPPs for every project. They all need help and although I have set up a template for them, (one pager) this is something they can do themselves.
I do agree with your comment re smartphones. there are many many people out there who do not use internet, more than people think.
One thing I have advised is they need to have something in place for when their competence checkers come calling for their annual review. (CHAS safecontrcator scheme etc. I will bet my bottom dollar they will be asking for evidence of CDM 2015 compliance and training.
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This thread is synonymous with what's wrong with CDM 2015 - lots of fairly useless documents floating about in the guise of managing safety. CDM 2007 was never properly enforced and many clients, PCs, designers ignored the regulations. There is little hope that those working on domestic projects will be any better, indeed many working on commercial projects will by-pass the regulations when it suits. Is this supposed to be progress?
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When a domestic client recruits a designer for the purposes of drawing up plans for an extension to his private dwelling, then the contractor comes along with his estimate of costs for carrying out the work, then the work starts and a second contractor is recruited and the first contractor becomes the PC and the designer becomes PD who needs to carry out extra work i.e. Pre construction plan, surely the domestic client has to foot the bill for the extra work?
Am I right and is this a fair extra expense placed on the domestic client.
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FireSafety101 wrote:When a domestic client recruits a designer for the purposes of drawing up plans for an extension to his private dwelling, then the contractor comes along with his estimate of costs for carrying out the work, then the work starts and a second contractor is recruited and the first contractor becomes the PC and the designer becomes PD who needs to carry out extra work i.e. Pre construction plan, surely the domestic client has to foot the bill for the extra work?
Am I right and is this a fair extra expense placed on the domestic client.
Are you asking is it fair that the domestic client has to pay for something that a European Directive says all clients have to pay for?
Or are you asking is it fair that the client pays for adequate planning and management that works be carried out safely?
The first is a case of that depends whether you think directives are a price worth paying for the benefits of the EC. The real problem here, I think, is an absence of visibility in what the directives require - for the last 20 years or so society in the UK has been blindly oblivious of the fact that the EC is passing laws that do actually have an impact. However, having passed those laws, yes I think it is fair that people comply with the laws that have been passed, even when it costs money. For example, I think it's fair that car-owners have to pay for new tyres when their tyres wear down to a level deemed by law to be unacceptable.
The second case is more straightforward. Yes, I think that construction project clients should provide adequate resources (including money) to enable construction projects to be completed reasonably safely. This includes the resources to provide suitable planning and management. I don't quite understand the basis of any argument that it's more OK to risk killing builders who are working for a domestic client than for a commercial client.
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achrn, all I am asking: is it fair to require the domestic client to fork out extra money simply because the guy who drew the plans has to now become a P D because a second contractor is required?
I haven't a clue how much difference the cost may add, I don't even know if an Architect who specialises in small projects would be competent to take on the duties/responsibilities of a PD?
Perhaps a new PD will be employed and that will most likely much up the costs even further?
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FireSafety101 wrote:achrn, all I am asking: is it fair to require the domestic client to fork out extra money simply because the guy who drew the plans has to now become a P D because a second contractor is required?
I haven't a clue how much difference the cost may add, I don't even know if an Architect who specialises in small projects would be competent to take on the duties/responsibilities of a PD?
Perhaps a new PD will be employed and that will most likely much up the costs even further?
If I have read your question correctly, the 'extra' cost should be negligible for small domestic projects. For instance, it should have been foreseen that there would be more than contractor from the inception of the project, hence the main contractor would become the PC and the architect would become the PD.
Whether these architects and 'Bob the builders' are aware of the changes to CDM 2015 is another matter. The domestic client will not be aware for sure. This is the problem with where we are at this point and it depends to what extent the HSE will enforce the new regulations for the future.
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FireSafety101 wrote:achrn, all I am asking: is it fair to require the domestic client to fork out extra money simply because the guy who drew the plans has to now become a P D because a second contractor is required?
And all I am saying is yes, I think that construction project clients should provide adequate resources (including money) to enable construction projects to be completed reasonably safely. This includes the resources to provide suitable planning and management. I don't quite understand the basis of any argument that it's more OK to risk killing builders who are working for a domestic client than for a commercial client.
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Rank: Super forum user
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FireSafety101 wrote:achrn, all I am asking: is it fair to require the domestic client to fork out extra money simply because the guy who drew the plans has to now become a P D because a second contractor is required?
I haven't a clue how much difference the cost may add, I don't even know if an Architect who specialises in small projects would be competent to take on the duties/responsibilities of a PD?
Perhaps a new PD will be employed and that will most likely much up the costs even further?
Yes, but look at all the millions that the construction industry will save by not having to fork out for CDMCs anymore.
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However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties.
See paragraphs 53-56 for more guidance.
Domestic clients do not have to appoint a PD, if they don't the duties pass to the PC.
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Johnb wrote:However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties.
See paragraphs 53-56 for more guidance.
Domestic clients do not have to appoint a PD, if they don't the duties pass to the PC.
The domestic client will not be aware of the provision to appoint a PD. Therefore by default Reg 7.-(2) will apply - PD and...PC.
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So if the duties are now the PCs does the PC appoint the PD and pay the extra fees?
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The PC becomes the PD and takes on the duties. Domestic client does not need to appoint the PD. They can come to an arrangement. How the domestic client will know this? Will the PC and PD know this.
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Im my opinion the Citb App is largely a glorified basic set of risk control measures. Its content, whilst assisting very small contractors to be seen to be moving towards compliance, is not sufficient in my opinion as a compliant Construction Phase Plan. The HSE L153 guidance (still at draft stage) expects specific items to be addressed, these are, with comments about the CITB CPP are;
A description of the project such as key dates and details of key members of the project team -addressed adequately through the initial data gathering
The health and safety aims for the project - no mention of the aims.
The site rules - no mention of site rules.
Arrangements to ensure cooperation between project team members and coordination of their work e.g. regular site meetings - no mention of arrangements between the project team or coordination etc.
Arrangements for involving workers - no mention of arrangements for involving workers.
Site induction - no mention of induction.
Welfare facilities - asks about the location of welfare facilities and does prompt about hot water etc.
Fire and emergency procedures - no mention of fire and emergency arrangements
The control of any of the specific site risks listed in Schedule 3 where they are relevant to the work involved – does drag out specific risks based on the activities. One item the L153 rages about is avoiding RAMS etc in the CPP, yet that is exactly what the App has produced.
Then there is the large list of caveats and exclusions at the bottom of it.
It certainly looks good, but I feel it does not go much way to being a CPP as required by CDM2015.
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Many small builders are not even aware of CDM let alone new regs and duties. We have a commercial department as well as domestic; whilst CPP has never been required on our domestic sites we already have a lot in place. Pre construction information is already included in our site survey. Site specific hazards are noted on fitters surveys. General risk assessments and method statements are already in place ( most of the risks don't change from site to site - and when they do they are noted).
My plan is to alter the fitters worksheet to include compliant details and the rest will be in the form of a pack held at the office. Proportionate to the work - one hopes.
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With all due respect to all parties; We are required to adequately manage irrespective of what we are doing e.g. construction, washing up in a kitchen or managing a bus via common law, HSWA, MHSW, COSHH etc.etc.etc. so why all the fuss over CDM in particular! And anybody who has not already got in place a management plan [CPP in construction] via MHSW at least for doing what they do is leaving themselves wide open in my view as it is without any new CDM areas so I advise all parties to have in place suitable and sufficient management plans irrespective
Very small builders have very good tax, national insurance, accountancy and similar business related plans in place no matter how small their business is so why are they special with regards to H&S? Or are they special because they know that there is not much chance of the HSE turning up in anyway unless there is a death so they take the risk anyway *My last 4 bad accidents are good examples of where the enforcers did not do anything
regards all
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Bob
In theory I agree with you...but what happened to sensible and proportionate health and safety?
Requiring a CPP & H&S File for every project is nonsense. Many small builders think health and safety has gorn mad as it is, God knows what they will make of these new requirements. Will having a generically orientated CPP make the job safer - of course not. We all know that there is poor enforcement of CDM, most domestic projects will fall under the HSE radar and guess what, duty holders will either pay lip service or not comply with the regulations at all - it will be a farce.
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RayRapp wrote:Bob
In theory I agree with you...but what happened to sensible and proportionate health and safety?
Requiring a CPP & H&S File for every project is nonsense. Many small builders think health and safety has gorn mad as it is, God knows what they will make of these new requirements. Will having a generically orientated CPP make the job safer - of course not. We all know that there is poor enforcement of CDM, most domestic projects will fall under the HSE radar and guess what, duty holders will either pay lip service or not comply with the regulations at all - it will be a farce.
I agree. The smaller end of the construction industry already sees many H&S requirements as overly bureaucratic, burdensome and a drain on profits. The requirements of CDM 2015 will only serve to re-enforce this opinion.
From an H&S image perspective this is going to do more harm than good when your trying to engage with people and get them to take H&S seriously.
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