Hi,

I would recommend that your friend reads the guidance on CDM here:

http://www.hse.gov.uk/construction/cdm/faq/index.htm

Georgia

I'm not entirely convinced that this would fall under the definition of 'construction work', see CDM reg 2.

Personally I feel that a suitable and sufficient risk asessment and appropriate risk control meansures would be enough. I can't see what value applying CDM would provide?

Edited by user 08 November 2017 11:41:41(UTC)  | Reason: Typo

Thanks for all the responses. I was thinking it wasn't really what CDM was about but wasn't 100% sure as it is not really my area. I understand the criteria for notifying but didn't think would fall under CDM.

The interaction I have had with the volunteers/charity sector is that H&S legislation does normally apply. I would refer you to http://www.hse.gov.uk/contact/faqs/charities.htm.

You will then have to decide if trail building is “construction work”. Digging out some earth by hand and placing some gravel is not “construction work” but as others have said that it depends on the scale of the works.  If you are using a small excavator or other plant then I would say it is “construction work”.

However if you decide CDM applies and all the work is being carried out by volunteers  I would say the umbrella charity is the sole contractor. So there is no need for a principal designer, principal contractor or H&SF.

The umbrella charity and/or the landowner would be the  Client but you could nominate the umbrella charity to act as Client.

It must be some trail to make it notifiable, however being notifiable does not trigger any more duties and is easy enough to do online.

The Construction Phase Plan can be a simple document base on the templates you can download from the HSE website combined with your risk assessment etc. already carried out. Just ensure everyone is inducted and signs the risk assessment.

I suspect welfare will be the issue and there will have to be welfare provision. If there is suitable welfare available a reasonable distance away , by vehicle or walking, you can use those and avoid the expense of hiring welfare. You can use a wipes system onsite and public toilets but investing in some like this  https://www.tealwash.com/shop/handeman-xtra-portable/ is advisable.

In reality for such a small project CDM does not place anymore duties on parties (they may have different names) than other H&S legislation so it is possible to comply with little additional expense. 

Originally Posted by: Alfasev

The interaction I have had with the volunteers/charity sector is that H&S legislation does normally apply. I would refer you to http://www.hse.gov.uk/contact/faqs/charities.htm.

You will then have to decide if trail building is “construction work”. Digging out some earth by hand and placing some gravel is not “construction work” but as others have said that it depends on the scale of the works.  If you are using a small excavator or other plant then I would say it is “construction work”.

However if you decide CDM applies and all the work is being carried out by volunteers  I would say the umbrella charity is the sole contractor. So there is no need for a principal designer, principal contractor or H&SF.

The umbrella charity and/or the landowner would be the  Client but you could nominate the umbrella charity to act as Client.

It must be some trail to make it notifiable, however being notifiable does not trigger any more duties and is easy enough to do online.

The Construction Phase Plan can be a simple document base on the templates you can download from the HSE website combined with your risk assessment etc. already carried out. Just ensure everyone is inducted and signs the risk assessment.

I suspect welfare will be the issue and there will have to be welfare provision. If there is suitable welfare available a reasonable distance away , by vehicle or walking, you can use those and avoid the expense of hiring welfare. You can use a wipes system onsite and public toilets but investing in some like this  https://www.tealwash.com/shop/handeman-xtra-portable/ is advisable.

In reality for such a small project CDM does not place anymore duties on parties (they may have different names) than other H&S legislation so it is possible to comply with little additional expense. 

Some very sound advice here from someone who understands and has read the regulations. Hence my original point to read the CDM guidance as to whether it would fall under 'construction works' as there is not much guidance on what is actually being undertaken in terms of works.

Originally Posted by: Ian Bell2

Once again we see the problem of writing generic/wooley legislation.

This task seems to be little more than glorified gardening.

No wonder many detest over zealous h&s people.

Then I would suggest their target is misguided. Remind me again, which legislature is responsible for law creation?