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Kate  
#1 Posted : 04 August 2015 13:24:27(UTC)
Rank: Super forum user
Kate

Making a hole in a building wall to fit ventilation services.

Does anyone think this is not 'construction' as defined in CDM? If so - on what grounds?
Ian Bell  
#2 Posted : 04 August 2015 13:43:24(UTC)
Rank: Super forum user
Ian Bell

How big is the hole?

Type of wall?

Does the hole possibly affect the structural integrity of the whole wall?

May help drive your decision.

If its a local factory modification - I'm sure most minor jobs are done by the in house maintenance team.... who just get on with it.
RayRapp  
#3 Posted : 04 August 2015 14:13:47(UTC)
Rank: Super forum user
RayRapp

Kate

After all the recent debates about what is construction, maintenance and so on, I think there may be a reluctance for anyone to commit for fear of being shot down in flames.

Not one to sit on the fence - given the brevity of information I believe it is construction work and falls under either 2.-1(a) or (e) of the definition of construction work.

Getting prepared to be shot.

Ray
IanDakin  
#4 Posted : 04 August 2015 14:31:57(UTC)
Rank: Super forum user
IanDakin

Kate
Click on my name and then the last 10 posts from me will appear. Go to the thread about CDM and maintenance. Plenty of discussion there.

The HSE have said they will issue an ACOP on the new Regs, but don't hold your breath - they were very late on the new L117.

Best treat it as maintenance, but if you have good control of maintenance and contractor then you will probably be OK for making a hole in a wall.

Ian
IanDakin  
#5 Posted : 04 August 2015 14:32:38(UTC)
Rank: Super forum user
IanDakin

Kate  
#6 Posted : 04 August 2015 14:48:08(UTC)
Rank: Super forum user
Kate

This isn't maintenance - no existing building or plant is having work done on it to keep it in good order (which is what I understand by 'maintenance'), a new LEV system is being installed and its ducting fitted through an external wall by, among other things, making a hole in said wall.

I think it's construction. And there's no problem with doing the work. I've raised this here because someone else has previously advised that it's not CDM and this baffles me. So I want to check my understanding.

Yes, I did see the other thread ...
chris42  
#7 Posted : 04 August 2015 15:06:30(UTC)
Rank: Super forum user
chris42

Yes I think it is construction as described by CDM, provided this is work not being done in house.

It is not just the hole in the wall, the whole thing ( LEV) is construction. IMHO

Chris
bob youel  
#8 Posted : 04 August 2015 15:14:54(UTC)
Rank: Super forum user
bob youel

Ray is correct; and irrespective the management regs & all other appropriate laws apply so a suitable and sufficient management system that is based on the risk etc. present is still required

I just do not see what all the fuss is about with regards to the 2015 regs as its no different to the 1960's e.g. we are required to manage construction activities???
FORRESJO  
#9 Posted : 06 August 2015 11:14:46(UTC)
Rank: New forum user
FORRESJO

Well after reading the replies, is it so hard to say yea or nea to 'is it under CDM?' without thinking about it. I hope Kate has an answer because I'd be saying yea but planned and potentially non-complex element of the overall job which may be anything but non-complex.

Please excuse the newbie answer here.
Invictus  
#10 Posted : 06 August 2015 11:36:32(UTC)
Rank: Super forum user
Invictus

What happened to the 500 man hours etc.
DHM  
#11 Posted : 06 August 2015 12:03:13(UTC)
Rank: Forum user
DHM

If it involves more than 1 sub contractor at any one point in the project then it is CDM 2015.
Scotttallis1980  
#12 Posted : 06 August 2015 12:18:38(UTC)
Rank: New forum user
Scotttallis1980

I worked on the tools and I now am a H&S CDM Advisor, construction works are all jobs that were construction tools to complete the job. Fitting a ventilation system is part of the building and if put in at the start of the build it would fall under construction work, if put in after the build (2 or 3 years later) it still would fall under construction and maybe maintenance / upkeep of the building.

It could also fall under reg 2.1 (e)
the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
Jimothy999  
#13 Posted : 06 August 2015 12:19:13(UTC)
Rank: Forum user
Jimothy999

FORRESJO wrote:
Well after reading the replies, is it so hard to say yea or nea to 'is it under CDM?' without thinking about it. I hope Kate has an answer because I'd be saying yea but planned and potentially non-complex element of the overall job which may be anything but non-complex.

Please excuse the newbie answer here.


I think Jo is bang on there. Yes it is construction as you are affecting the fabric of the building and so CDM will apply. How exactly you apply it is a whole other question...
Invictus  
#14 Posted : 06 August 2015 12:43:01(UTC)
Rank: Super forum user
Invictus

The criteria in 6.1 of the regs would still apply regarding notification wouldn't it?
Kate  
#15 Posted : 06 August 2015 12:54:27(UTC)
Rank: Super forum user
Kate

The question isn't whether it is notifiable or whether the CDM 2015 appointments (PD & PC) need to be made.

It is perfectly possible to have a CDM project that is of short duration and with only one contractor to which neither of these things is therefore applicable - that doesn't stop the other requirements of CDM applying.

I am surprised by the lack of consensus.

Incidentally why would in-house construction work not be CDM? In this case isn't it just that the client and the contractor are the same entity?
DaveDaniel  
#16 Posted : 06 August 2015 14:12:41(UTC)
Rank: Forum user
DaveDaniel

Kate: Agreed.
CDM2015 sets no bottom limit for application. In theory you seem to need a "safety plan" and Principal Contractor to wallpaper a wall or change a light switch and if it takes x2 contractors (e.g plumbing and tiling a bathroom) you need a Principal Designer too. The only issue is whether you are working on a "structure" - i.e whether CDM applies at all - (e.g when you dig a garden pond is it construction work? and is digging a hole to plant a flower an "excavation"???).

The other issue is whether this work takes place somewhere "not set aside for construction work" whatever that is, in which case again CDM does not apply. Without any caselaw this can mean anything, depending on whether you want to charge FFI or not.

Scotttallis1980  
#17 Posted : 06 August 2015 14:26:35(UTC)
Rank: New forum user
Scotttallis1980

Kate is correct with in-house construction works.

I work for a housing assassination and our repairs team complete construction work on our properties by themselves as well as using contractor (scaffolders etc.). We have a PD, PC, contractors all in place to manage the CDM 2015.
chris42  
#18 Posted : 06 August 2015 14:55:28(UTC)
Rank: Super forum user
chris42

Kate if you are referring to my comment. What I was thinking was that if it is say your own maintenance department building a wall (or hitting a bit down), you don't need the CPP. You jus need the normal RA & SWP as for any other task you do. If they are your own people you would have all welfare etc sorted anyway. My understanding you only need CPP if you use a contractor. Obviously if you hit the higher levels of work and is reportable then even using your own people you have to report etc.

So my comment was about the CPP really.

Chris
RayRapp  
#19 Posted : 06 August 2015 15:04:36(UTC)
Rank: Super forum user
RayRapp

Scotttallis1980 wrote:
Kate is correct with in-house construction works.

I work for a housing assassination and our repairs team complete construction work on our properties by themselves as well as using contractor (scaffolders etc.). We have a PD, PC, contractors all in place to manage the CDM 2015.


...housing assassination - sounds like a dangerous role.
Invictus  
#20 Posted : 06 August 2015 15:06:51(UTC)
Rank: Super forum user
Invictus

Ray,

there was no need to 'blow him up'
Invictus  
#21 Posted : 06 August 2015 15:07:51(UTC)
Rank: Super forum user
Invictus

But that was dynamite
David Thomas  
#22 Posted : 08 August 2015 07:51:08(UTC)
Rank: Forum user
David Thomas

Wrong question....Does CDM apply?

Turn it around and ask 'What parts of CDM must we follow'?

David
Griffiths40405  
#23 Posted : 08 August 2015 10:17:08(UTC)
Rank: New forum user
Griffiths40405

Yes of course CDM would apply, isn't putting the hole in the wall part of a bigger project to install a new ventilation system?
In any case even if as a job on its own I would state CDM applies, albeit likely to be in the simplest of forms. Isn't the word 'proportionality' one of the key words being banded around at the moment for CDM...
David Thomas  
#24 Posted : 08 August 2015 10:37:42(UTC)
Rank: Forum user
David Thomas

Try and make CDM work for you..... I know a number of people involved in a number of consultations and working groups
DavidBrede  
#25 Posted : 13 August 2015 20:01:55(UTC)
Rank: Forum user
DavidBrede

The regs stat that Construction work is...

(a)
the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
(b)
the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion;
(c)
the assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure;
(d)
the removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure;
(e)
the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

So almost everything you do with a building or structure apart from use it!
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