Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Thomas26087  
#1 Posted : 15 October 2015 15:34:31(UTC)
Rank: New forum user
Thomas26087

I was asked yesterday if CDM 2015 applied to putting up a Christmas Tree, my first response was no but! Not an ordinary tree, this one is in a city centre area. Is it classed as construction work? It will have to be lifted in by crane, secured with a large block or / and bolted down or maybe put in a hole and will need an electrician to wire the electrics and man in manbasket to hang them. Is a tree classed as a structure? Is is construction work? The tasks do seems to describe construction work type activities? More than 1 contractor - yes Then CDM must apply and a PD and Pc need to be appointed. Any comments please ?
walker  
#2 Posted : 15 October 2015 15:37:19(UTC)
Rank: Super forum user
walker

Clearly the Christmas Decorations Management regulations apply
RayRapp  
#3 Posted : 15 October 2015 15:49:32(UTC)
Rank: Super forum user
RayRapp

Who is the PD - Santa or Rudolph? Seriously, given the scenario you have provided I would say it is applicable to CDM 2015. Perhaps it would be an interesting exercise to ask the HSE. I suspect whoever responds will have a redder face than Rudolph's nose!
chris42  
#4 Posted : 15 October 2015 15:57:53(UTC)
Rank: Super forum user
chris42

Wood is a construction material - though normally machined first. Is this serious ? Remember hierarchy Elimination = do you need a tree - a nice poster of what a real tree looks like would do Substitution = do you need such a big tree ...... You get the idea
Alfasev  
#5 Posted : 15 October 2015 15:58:19(UTC)
Rank: Super forum user
Alfasev

I have already written my construction phase plan for the office Christmas tree, all 120 pages. I am struggling to find a competent demolition contractor to take it down.
firesafety101  
#6 Posted : 15 October 2015 16:11:46(UTC)
Rank: Super forum user
firesafety101

Don't forget the Health and Safety File.
DaveBridle  
#7 Posted : 15 October 2015 16:21:35(UTC)
Rank: Forum user
DaveBridle

You may joke, but as some maybe aware I have been trying to ascertain if CDM 2015 is applicable to our undertaking. I eventually contacted the HSE for advice and guidance. The reason I asked was that whilst under previous CDM Regs - outfitting on board a vessel was not subject to CDM as it was exempt. Now under CDM 2015 the list of exemptions has disappeared and replaced with definitions. Definitions of construction includes outfitting, but definitions of a structure does not include a vessel. Now you ask what has this got to do with the original post ..... well the response from HSE was as follows: "Thank you for contacting HSE with your enquiry regarding CDM 2015 requirements. I have consulted one of our construction specialist inspectors and he has advised that if the work you describe is NOT mentioned in the new CDM 2015 guidance as excluded from the requirements of CDM 2015, then you should assume that it does fall under the new regs." All I can say is be careful what you wish for .....
graemecollard  
#8 Posted : 15 October 2015 16:22:22(UTC)
Rank: Forum user
graemecollard

walker Posted: 15 October 2015 15:37:19 Clearly the Christmas Decorations Management regulations apply Walker! Genius! I love it!
SP900308  
#9 Posted : 15 October 2015 16:24:22(UTC)
Rank: Super forum user
SP900308

Erect the tree at the weekend - health and safety doesn't apply then... or so it appears! Maybe the APS could add this question to their 2007/2015 conversion exam question base, if not to late? Finally, I can imagine the CDM Client's face when you tell them that additional £££s need to be spent to ensure compliance with CDM2015.
Thomas26087  
#10 Posted : 15 October 2015 17:05:07(UTC)
Rank: New forum user
Thomas26087

Yes this is a real scenario, quite frankly its embarrassing to have to explain this to clients. Just when I thought we were getting past the conkers bonkers scenarios. Maybe this is one for Judith Hackitt: The myths of elf 'n' safety and she says practitioners saddle business with bureaucracy!
RayRapp  
#11 Posted : 16 October 2015 08:41:05(UTC)
Rank: Super forum user
RayRapp

Thomas26087 wrote:
Yes this is a real scenario, quite frankly its embarrassing to have to explain this to clients. Just when I thought we were getting past the conkers bonkers scenarios. Maybe this is one for Judith Hackitt: The myths of elf 'n' safety and she says practitioners saddle business with bureaucracy!
It is another example of how riduclous the CDM regulations have become. Of course, those without an in depth knowledge of the regs would simply ignore them and no doubt get away with it all day long. Hence the only burden is to law abiding companies and citizens.
Colossians 1:14  
#12 Posted : 16 October 2015 09:04:41(UTC)
Rank: Forum user
Colossians 1:14

RayRapp wrote:
Thomas26087 wrote:
Yes this is a real scenario, quite frankly its embarrassing to have to explain this to clients. Just when I thought we were getting past the conkers bonkers scenarios. Maybe this is one for Judith Hackitt: The myths of elf 'n' safety and she says practitioners saddle business with bureaucracy!
It is another example of how riduclous the CDM regulations have become. Of course, those without an in depth knowledge of the regs would simply ignore them and no doubt get away with it all day long. Hence the only burden is to law abiding companies and citizens.
I went to a presentation given to a Local Authority by a safety group that was peddling their wares under the disguise of a free presentation on CDM 2015. This group was telling us 'trades' that a CPP was needed for every property that we enter, daily. When I questioned the person giving the presentation about what he was saying creating bureaucracy, in contradiction to what the HSE actually state they are about, he played the equivalent of the 'race' card by saying that his organisation takes H&S very seriously implying that by me asking the question, I didn't! It actually turns out that this person actually sent all 'trades' the generic CPP on the HSE website for small builders.......the LA or associated trades are not small builders! The CPP given to us states; "If the job will last longer than 500 person days or 30 working days (with more than 20 people working at the same time) it will need to be notified to HSE and it is likely to be too complex for this simple plan format."
RayRapp  
#13 Posted : 16 October 2015 09:30:36(UTC)
Rank: Super forum user
RayRapp

I went to a so-called legal seminar provided by an insurance company based on 'Corporate Manslaughter' and other h&s related law. My boss suggested it would be good for my CPD. It was sooooo embarrassing, the speaker was basically scaremongering and did not have a clue about health and safety or the law! The audience was typically local government, schools and other publicly funded bodies - vulnerable or what. I introduced myself to the presenter during the break and basically said he was talking a load of tosh. In fairness he did say the original presenter was unable to attend and he was a stand in with limited knowledge on the subject. The coffee and biscuits were nice.
Colossians 1:14  
#14 Posted : 16 October 2015 09:39:19(UTC)
Rank: Forum user
Colossians 1:14

RayRapp wrote:
I went to a so-called legal seminar provided by an insurance company based on 'Corporate Manslaughter' and other h&s related law. My boss suggested it would be good for my CPD. It was sooooo embarrassing, the speaker was basically scaremongering and did not have a clue about health and safety or the law! The audience was typically local government, schools and other publicly funded bodies - vulnerable or what. I introduced myself to the presenter during the break and basically said he was talking a load of tosh. In fairness he did say the original presenter was unable to attend and he was a stand in with limited knowledge on the subject. The coffee and biscuits were nice.
The frightening thing is how much public money is wasted on the mis-application of H&S requirements. I've seen this with asbestos. If the LA actually had somebody that knew the regs they would save a fortune on needless surveys!
Xavier123  
#15 Posted : 16 October 2015 10:51:49(UTC)
Rank: Super forum user
Xavier123

Coming from someone who will admit to having only a passing knowledge of the new CDM Regs and certainly doesn't work in that Industry, could someone highlight to me why the removal of the exclusions is actually a big deal in practice? I note from the forums there has been some consternation over noting that many activities now appear to fall under the definitions. In the very broadest of terms (especially 'lower risk' works i.e. not a typical construction 'site') doesn't CDM just describe appropriate h&s management arrangements with room for proportionality built in? i.e. all people involved get together in advance of work to discuss the plan, discuss the risks, agree control measures and responsibilities etc. Even the additional Regs in Part 4 etc. are generally broad and goal setting in line with other existing Regs. For smaller, minor jobs meeting the definition of construction is the title of PD or PC really that relevant when you're all sat around a table? Particularly in light of the fact that the client can take on those roles - on the assumption that the job is of sufficiently low complexity to enable them to do so - taking advice from employer contractors/designers as necessary. I'm just curious as to why 'CDM applies = £££'s more for compliance' automatically. That's the essence of my general thought process above - proportionality. I could and may well be totally wrong but am ready to be schooled on why! Hoping I'm not about to lose IOSH Brownie points along the way.... I personally would be significantly concerned about the oh so very real risk of pine allergy. And since you can't control access by members of the public, particularly the children, would have to question the sanity of the whole enterprise. The whole town is doomed.
Ron Hunter  
#16 Posted : 16 October 2015 11:32:58(UTC)
Rank: Super forum user
Ron Hunter

Xavier123, you beat me to it - finally a bit of sanity! For me, the only unfortunate CDM requirement for a Client to make written appointments - it is this that tends to kick off potential for bureaucracy and a disproportionate approach. Bottom line: Erection (inc. take-down and disposal) of a large tree in the Town Square. Something goes badly wrong and HSE intervene. Of all the Regulations available to HSE to act on, CDM would be highly unlikely to enter their thinking.
SP900308  
#17 Posted : 16 October 2015 13:20:40(UTC)
Rank: Super forum user
SP900308

Ok agreed, minimal additional cost in this case but, additional duties = £ (time/resource etc.). Roll on Christmas!
Users browsing this topic
Guest
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.