The answer to the exclusion in CDM is no. There are certain situations like the one you have described which CDM is not very clear on.

However, the essence of the regulations and the aim of being proportionate can be worked with to ensure compliance even in sitautions like this.

Whilst different to your works we also have emergency situations which we have a legal obligation to respond to. The very nature of our works means it is construction as defined by CDM and hence the regulations apply.

As with yours, the majority of our works and associated risks are forseeable (with some exceptions). How we have worked with this is to develop an emergency PCI and worked with our contractors to develop emergency CPP and RAMS which cover the majority of risks we would need to managed and controlled. There are blank spaces to allow ourselves and the emergency teams to fill in the details which are unknown when they reach site, for example specific locational risks etc. This works like a dynamic risk assessment would.

The vast majority of works are covered and controlled. However, if a situation arises where we cannot control initially then we may fence off and prevent further access until such time we can make the necessary adjustments and implement the appropriate control measures.

I hope that helps.

Edited by user 09 January 2019 12:31:50(UTC)  | Reason: Typo