Hi
At what point does ordinary maintenance become a construction project under CDM 2015?

On a course I attended a month or two back the instructor had contacted the HSE to discuss this point and was told the following. The HSE are taking a 'if it quacks like a duck' approach to determining when maintenance work should be covered by CDM.

Essentially, if the maintenance work is on fixed equipment, involves the use of construction materials and techniques then it is likely to be covered by CDM. So changing the oil on a fixed generator is not CDM, but removing the ceiling in order to lift out a major component by crane for inspection and repair will be.

Hope this helps.

As an aside, we had a similar in-work discussion the other day on the subject of grave digging.

Applying "quack like a duck", CDM would appear to apply: mini 360 excavator used, shoring, deep(ish) excavation, risk of entrapment, bio hazards, HAVS (jackhammer if we hit rock), Work at Height, protecting the public etc.

Do we intend to apply CDM, CPP, Project rules etc. to digging graves?

NO!

Next crazy step would be guard rails around the internment during the service.......

SENSIBLE. PROPORTIONATE. PLEASE!

Ron

I am only quoting (not quacking) from the regulations not on hearsay. I don't know anything about these ducks as they have not been included in the regs or HSE guidance.

Point well made Ron, however the duck quote was in respect to CDM applying to maintenance, not the regs in general.

In response to Ron's comment about grave digging, (and out of interest), why is grave digging exempt from CDM? If I was to excavate a piece of ground for a storage tank I would apply CDM in full. Does the HSE exempt grave digging?

I'd apply the principles of CDM - principles already enshrined in other Legislation.

I'm not building or maintaining a structure, this isn't a 'project', there is no "design" and it would be extremely bad taste to hand over a Health and Safety File.

;-)

Grave digging aside, the maintenance aspect of CDM 2015 is as clear as can be. In the definition section 2.-1 of the regulations it mentions 'maintenance' several times, whether fixed to a structure or not.

Furthermore, section (a) states...commissioning, renovation, repair, upkeep, redecoration or other maintenance... How much clearer can that be?

Whether general repairs and maintenance is in keeping with the spirit of CDM is a moot point. In my opinion it should not have been included. The HSE can huff, bluff and quack all they like, that fact is they have included activities which go far beyond the remit of TMCSD and they know it.

At the end of May 2015 in their construction e bulletin the Hse did issue a clarification of maintenance and reverted to their reference to fixed plant included in the 2007 acop but removed, mistakenly in my view, from the guidance on the 2015 regulations.

Ok the old L144, does exclude ( see below) general maintenance, and seems appropriate to me. However when you read the wording in the latest Legal document or the regulations themselves, there is no qualification. I guess you can argue that through lack of information the old definition applies. However as noted above the 2015 regulations replaced not amended the 2007 version. So nothing concrete (pun intended).

So when replacing the headstock bearing in a lathe bolted to the floor, using two contractors ( one to electrically isolate and one to change the bearing) it does not fall under CDM.

Maintenance of something like an escalator ( in a shopping centre etc) could be argued is an integral part of the building, so does apply. Not sure about having a new boiler installed as we did ( before the regs changed).

Tried searching for e bulletin and other releases from HSE, but alas nothing.

There was reference that the HSE had feedback during the consultation period that an ACOP would be useful, so are considering creating such. You never know they may not adopt the "ladybird" style of writing and so may be useful.

Chris


From L144
Construction work

13 Construction work is defined in the Regulations. The following are not construction work as defined:

(a) putting up and taking down marquees and similar tents designed to be
re-erected at various locations;

(b) general maintenance of fixed plant, except when this is done as part of other construction work, or it involves substantial dismantling or alteration of fixed plant which is large enough to be a structure in its own right, for example
structural alteration of a large silo; complex chemical plant; power station generator or large boiler;

PPS - Not sure where I stand with the grave digging scenario : Reg 22 states
(c) no person is buried or trapped in an excavation ( sorry my poor black sense of humour)

Maybe...but it's interesting from Chris' post and extract from L144 (ACoP CDM 2007) where (a) has been excluded in the definition of construction work, it's my understanding that temporary demountable structures (TDS) which includes marquees, etc, are now included in CDM 2015.

So it begs the question - what, if any relevance has CDM 2007 to CDM 2015?

Thanks Jay

The other Question on that link is more for our issue and is dated 28/05/2015 :-

Q. Does CDM 2015 apply to all maintenance work?

A. The definition of maintenance work has not changed. If the task in hand looks like construction work, requires construction skills and uses construction materials, it is construction work. General maintenance of fixed plant which mainly involves mechanical adjustments, replacing parts or lubrication is unlikely to be construction work.

# 21
So it begs the question - what, if any relevance has CDM 2007 to CDM 2015?

None - see Reg 38. The 2007 Regulations are revoked.

I know case law, etc., etc., will carry over, but in effect CDM 2015 is a new animal.

Well, HSE did suggest they might issue an ACoP................. but I'm not holding my breath.

The chance of the OP query ever being tested legally seem remote. My concern is more about the Industry knee-jerking to over-interpretation and customer demands and creating additional paperwork where the overarching 'proportionate' principle suggests none is required.

p.s. don't be kidded into thinking the UK have finally (at third time of asking) transposed the parent TMCSD verbatim. There are significant differences in the duty holder arrangements.

I'm going to stick with what HSE said for 2007 must hold true for 2015 =

'General maintenance of fixed plant not considered to be construction work' (from #12)

The definition of construction work (other than an archaeological qualification at Reg 2(1)(b)) remains materially unaltered - it's otherwise verbatim. The interpretation and opinion of the regulator is surely similarly unaltered. Seems a decent argument to me.

In summary, the maintenance aspect of CDM 2015 is as clear as mud. Ron seems to be of the opinion what was good for the 2007 iteration is also good for 2015 - I don't agree. CDM 2007 is dead.

Furthermore, to say that the definition of construction work has not materially changed is also not correct. As pointed out in my earlier post, temporary demountable structures are now included in CDM 2015.

Oh well, interesting debate.

Ron, I agree debate is good. I have no issues with differing opinions, nor do you it would appear, by correcting me at post #4.

The post at #19 provided by Chris illustrates the ACoP 2007 L144 where the definition of what is NOT construction work differs with CDM 2015 as follows:

From L144
Construction work

13 Construction work is defined in the Regulations. The following are not construction work as defined:

(a) putting up and taking down marquees and similar tents designed to be
re-erected at various locations;

we work along the lines that if it look and feels s like a constuction project then it's probablly A CDM project