To what extent does the following excerpt apply? Definitions Construction work 13 Construction work is defined in the Regulations. The following are not construction work as defined: (a) (b) putting up and taking down marquees and similar tents designed to be re-erected at various locations; 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; We carry out general maintenanice activity to M&E equipment such as servicing boilers, perhaps runninget new cables, changing belts, water treatment. I understand these are all maintenance activities, but feel it's an extreme description to name this type of work construction work, but obviously want to work to the letter of the law.

Does it really matter if it is CDM or it is not CDM as U need an adequate management system in all cases?

Yes it does matter otherwise I would not have asked the question.

Jarsmith, It appears that you have copied the text of the CDM ACoP on page 8, i.e. where it clarifies from the definition in the text of the regulations what does NOT constitute construction work. However, the Management Regulations & PUWER will apply Therefore general maintanance as described by you is unlikely to be construction work. Paragraph 13-Definitions-Construction work Construction work is defined in the Regulations. The following are not construction work as defined: (a) putting up and taking down marquees and similar tents designed to be re-erected at various locations; (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; c) tree planting and general horticultural work; (d) positioning and removal of lightweight movable partitions, such as those used to divide open-plan offices or to create exhibition stands and displays; (e) surveying – this includes taking levels, making measurements and examining a structure for faults; (f) work to or on vessels such as ships and mobile offshore installations; (g) off-site manufacture of items for later use in construction work (for example roof trusses, pre-cast concrete panels, bathroom pods and similar prefabricated elements and components); (h) fabrication of elements which will form parts of offshore installations; (i) the construction of fixed offshore oil and gas installations at the place where they will be used. Paragraph 14 Some construction projects include operations, such as those described in the previous paragraph, which are not themselves construction work. Where this is the case, the overlap between the construction and non-construction work should be addressed in the management arrangements and the construction phase plan.

Wow Paul, personally I think you need to consider the perception you are giving off when speaking to others.... I made a small typo which I think Jarsmith realised and I do apologise for that mistake. I think you would do well to remember that we are all on the same side here and your response to my mistake was less than helpful. Just some feedback which you might like to think on....maybe.

He was not clear in his posting that the information, i.e what he said was from the ACoP.

Errm, I wouldn't want to intrude into this happy exchange, but he didn't get hours and weeks mixed up, did he. Will you be lambasting yourself for the grievous error of getting days and weeks mixed up now?

Nothing coming from me, Paul. As I said, we all make mistakes....

Accepted, and likewise I apologise to you if I got your back up.

...and all lived happily ever after - LOL.

God bless us. Everyone. Back on topic, the mention of maintenance within both what IS and what IS NOT construction work is a little confusing. Never given it that much thought till now. First thoughts on reading through the ACoP and the Regs are thus: The key difference appears to be that which is being maintained. Structures and 'services' being maintained seem likely to fall under construction work. Fixed plant does not except in certain circumstances. The services bit seems vague since it includes mechanical, electrical, gas, etc. which makes me wonder what elements of 'fixed plant' they were trying to exclude within the ACoP...? I suspect the services bit thus relates to pipes, cabling etc. Am I getting that right? If so, following that logic might suggest that some of the tasks you've described in the OP might well be classified as construction, but equally some might not!