Rank: New forum user 
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I am challenged from time to time on the different point between the statutory instrument - CDM 2007 Regulations and the ACoP.
On this occassion the Regs state maintenance is construction work and indeed is cleaning if HP water jets or chemicals are used.
The ACoP states that maintenance is not construction unless it is a very large structure being maintained? One example is a power station and another is a large boiler.
In this case the plant being maintained is attached to the structure on the roof and they are 5 very large cooling towers. (I deem this maintenance construction work for the purpose of the Regs, planning organising etc).
I hope the new ACoP, if written will clarify this. I also note that fatalaties in construction work has risen 40% over the last year and mostly attributable to working at height and electricity.
Does anyone else have an opinion on the maintenance definition within the Regs and the ACoP?
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Rank: Super forum user
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The distinction largely exists to permit organisations to undertake routine, relatively minor works, on their own equipment such as say a production line. It is a very fine distinction BUT it makes clear that there is some point at which even routine maintenance is construction and has to invlove CDM 07. Not that the alternative of the Management Regs is any less arduous!!
I always felt the falls recently could easily be a glitch and this rise points to the possible truth of my view. Remember that falls from height have always been the major factor in fatality and electricity has always figured.
Bob
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Rank: Super forum user 
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Not an opinion on the definition but surely work at height should be looked at separately to CDM as the WAH Regs apply anyway, anyhow anywhere.
Same goes for electricity.
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Rank: Super forum user 
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tb697 wrote:
On this occassion the Regs state maintenance is construction work and indeed is cleaning if HP water jets or chemicals are used.
The ACoP states that maintenance is not construction unless it is a very large structure being maintained? One example is a power station and another is a large boiler.
In my copy of the ACoP it says that maintenance of fixed plant is not construction, but it does not say that maintenance is not construction in general. Conversely, my copy of the regs says that maintenance of a structure is construction but it does not say that maintenance is construction in general. I don't see the conflict you report.
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Rank: Super forum user
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Please be careful when looking at maintenace as the derogation is actually quite specific, the acop states at para 13 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;"
It is NOT about very large structures per se. On this definition the alteration of say a feed pipe to a large structure is construction work and not maintenance. The word "very" does not appear. The context is one of General Maintenance. If the maintenance involves other construction activities then the derogation does not apply.
Bob
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