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For those that are interested.
The CITB website says the dutyholder guidance docs for CDM 2015 will be available for download from their website from today (except at the moment they arent).
Regards
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Paul,
thanks for this heads up. I will pay a visit to the CITB site to-morrow for (hopefully) the guidance docs.
PH2
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paulw71 wrote:For those that are interested.
The CITB website says the dutyholder guidance docs for CDM 2015 will be available for download from their website from today (except at the moment they arent).
Regards
Could you send link please
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Rank: Super forum user
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Rank: Super forum user
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last sentence on the page still states available to download on the 7th.
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That link isnt working now.
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Cheers. got it now.
About par for the course really.
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What are the odds that nothing will happen 9 January? The HSE/DWP will not publish the draft legislation and the CITB therefore will not issue their guidance document.
I think because of the potential politically explosive element of the inclusion of domestic clients Iain Duncan Smith MP, Secretary of State for Work and Pensions and a conservative heavy weight is gently siting on it to ensure it is delayed to miss the general election.
I know someone who has worked for a mineral department (not the DWP) and they say ministers constantly play a tactical game to survive. Waiting months for sign off was not usually.
They did ask if there was any statement regarding the new regulations with Iain Duncan Smith name to it, I know of none. The point they made is without it there is no commitment by the government to get the regulations implemented by April and he will be quite willing hang-out the HSE to dry if it suits his political purposes.
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I love my spell checker- mineral department!! Ministerial.
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Thanks for the update and link; that sorts out the week end reading!
PH2
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2007 CDM ACOP and Guidence was 64 pages, the 2015 CDM Guidance is now 105 pages!
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Thanks for the link, I was looking for something to fill my time today ha ha ha.
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These are draft documents, will there be any amendments does anyone think?
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So have the new CDM Regs been published? I thought I heard someone say today is the deadline.
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Stedman wrote:2007 CDM ACOP and Guidence was 64 pages, the 2015 CDM Guidance is now 105 pages!
My copy of 2007 CDM ACoP is 107 pages!
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quote=RayRapp] Stedman wrote:2007 CDM ACOP and Guidance was 64 pages, the 2015 CDM Guidance is now 105 pages!
My copy of 2007 CDM ACoP is 107 pages!
I got to the 64 pages by stripping out the regulation, schedules and appendixces from the existing L144 document. When the ACOP is published in October, that will also add to the page count.
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I think we should await the L Series ACoP/Guidance for CDM 2015 and then compare.
The guidance for various duty holders on the CITB website is additional and supposed to be clearer.
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Stedman wrote:2007 CDM ACOP and Guidence was 64 pages, the 2015 CDM Guidance is now 105 pages!
But this is not the L-series guidance.
The CITB docs are more comparable with the previous CITB docs - which were 184 pages plus 50 pages of appendices.
(Unless you have foudn teh L-series guidance, in which case, where? I note that I make the 2015 CITB guidance as being 97 pages, including covers, so possibly you are referring to a different document).
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achrn wrote:Stedman wrote:2007 CDM ACOP and Guidence was 64 pages, the 2015 CDM Guidance is now 105 pages!
But this is not the L-series guidance.
The CITB docs are more comparable with the previous CITB docs - which were 184 pages plus 50 pages of appendices.
(Unless you have foudn teh L-series guidance, in which case, where? I note that I make the 2015 CITB guidance as being 97 pages, including covers, so possibly you are referring to a different document).
I shall await for the L-series then.
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At least CITB/CONIAC have delivered drafts by promised date!
Will HSE deliver by midnight?
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However, it doesn't help when the very first sentence of the draft client guide sends a very dangerous message.
"main set of regulations for managing health.......of construction projects" - note it does say regs, not legislation so I won't quibble about the overarching importance of HSWA.
CDM implements Temporary or Mobile Construction Sites Directive. TMCSD is a "daughter directive" to Framework Directive.
Framework Directive implemented by Management Regs - so from an overall management point of view which takes precedence MHSWR or CDM?
Then from the point of view of the risks, CDM covers many safety risks, but which are more important the health risks or the safety risks?
HSE construction stats 2013/14
Fatal - 28 employees, 14 self-employed
Specified injuries (formerly major injuries) 1900 employees, 685 s-e
O7D injuries 3293 employees, 601 s-e
Recognised that non-fatal reportables subject to >50% underreporting, BUT....
Estimates for 2013/14 (annual) ~4500 cases of prescribed diseases
~4600 new cancer registrations
~3700 premature deaths of which
~2500 asbestos, ~600 silica, ~230 diesel exhaust systems
I THOUGHT that HSE and the industry wanted greater focus on construction health risks.
So what message does this first sentence send?
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peter gotch wrote:However, it doesn't help when the very first sentence of the draft client guide sends a very dangerous message.
I'm afraid I haven't a clue what your point is.
You seem to be upset that CDM only addresses safety, not health, and want to know which takes priority. I'm not sure why you think that - all the CDMs we've had so far, and the consultation draft, explicitly place duties that relate to health and safety. (eg "When preparing, or modifying a design the designer must take into account the general principles of prevention and any pre-construction information to eliminate, so far as is reasonably practicable, foreseeable risks to the HEALTH and safety of any person" my emphasis).
CDM doesn't neglect or ignore health. Has that also been troubling you since HSAWA in 1974? Which takes priority under that - health or safety?
The issue of precedence under law is a reasonably specialised party of law, which is actually entirely irrelevant 99.9% of the time because things don't actually conflict. You don't pick which you comply with - you comply with all of it. The new CDM regs (if they happen) won't affect that in any way, so far as I can see. The CITB guidance certainly doesn't affect it.
peter gotch wrote:
I THOUGHT that HSE and the industry wanted greater focus on construction health risks.
So what message does this first sentence send?
The first sentence refers to health. It lists it in first place, ahead of safety and welfare. To me, it communicates the message that the CDM regs are about HEALTH and SAFETY and WELFARE on construction projects. Apparently, its says something completely different to you, so perhaps it would be helpful if you told us what you think it says.
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After a brief read I cant see what all the fuss has been about. All the same requirements are there. Just been shuffled about a bit. Cant see any reason why current cdmcs cant fulfill pd role on a large no of projects.
Excuse the lack of pinctuation and capitals
Doin this on a phone.
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paulw71 wrote:Cant see any reason why current cdmcs cant fulfill pd role on a large no of projects.
Well they could, but now all of a sudden they'll be designers and attract more liability than they ever had as CDM-Cs...
CDM-Cs have the luxury of being able to tell everyone else how they should be doing their job but not actually attracting any liability if those other parties do what the CDM-C tells them and it goes pear-shaped. Now the PD is a designer, they will presumably attract the same liabilities as any other designer, and if a PD tells a particular designer to do something a particular way, that liability will find its way back to the PD, I think - that instruction is now a design operation.
Plus, I think PDs have an absolute duty to ensure the behaviour of all the other designers on the project (even ones they don't have contractual control over). If CDM-Cs want to pick up absolute duties to ensuire teh behaviour of third parties, they're welcome to them.
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IF ITS NOT BROKEN why fix it?
anyway thanks for the heads up
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Lojikglos wrote:IF ITS NOT BROKEN why fix it?
If it is broken, why not fix it?
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achrn wrote:paulw71 wrote:Cant see any reason why current cdmcs cant fulfill pd role on a large no of projects.
Well they could, but now all of a sudden they'll be designers and attract more liability than they ever had as CDM-Cs...
CDM-Cs have the luxury of being able to tell everyone else how they should be doing their job but not actually attracting any liability if those other parties do what the CDM-C tells them and it goes pear-shaped. Now the PD is a designer, they will presumably attract the same liabilities as any other designer, and if a PD tells a particular designer to do something a particular way, that liability will find its way back to the PD, I think - that instruction is now a design operation.
Plus, I think PDs have an absolute duty to ensure the behaviour of all the other designers on the project (even ones they don't have contractual control over). If CDM-Cs want to pick up absolute duties to ensuire teh behaviour of third parties, they're welcome to them.
In many cases the Client is also the Designer, so they will now have to fulfill the role of Principal Designer. I suspect many of these clients will not have the experience, dare I say expertise, to fulfil that role competently. Standards seem to be eroding.
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As the HSE envisaged the the new regulations would bring financial savings for the client. IE that the "lead designer" would natuarly absorb the duties that were previously undertaken by the CDMC" at no extra (or minimal increase in) cost). After a more thorough read of the guidance over the weekend I cannot see how this will happen. In fact I would envisage a considerable increase in project cost to the Client in meeting the requirements of the new regulations.
Not only does the Client now have enhanced duties respect of health and safety and monitoring during the course of a project, but the Principal Designer (whoever that may be) now has an absolute duty (as achrn pointed out) in respect of not only their own but other peoples design works.
I cannot envisage any party intending to fulfill the PD role accepting this risk, and undertaking the other PD duties, without a reasonably substantial increase in cost (IE more than the fee of a CDMC).
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Are there restrictions, aside from competency, regarding who can become a PD?
Does the PD have to be independant of the PC?
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My understanding is that the Principal Designer cannot like CDM-C be standalone organisations. A Principal Designer must be a Designer and a Designer must prepares or modifies a design or arranges for or instructs any person under their control to do so. They can be project managers, quantity surveys, clients and contractors as well as architects and consultant engineers.
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do not forget bims cradle to the grave concept
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I looked at BIM the other day and could not find anything relating to a hazard/risk register or H&S for that matter. Is it in a COBie database or in the PAS documents somewhere? I am looking to develop a hazard/risk register to help manage some of the duties of the PD and would like it to be BIM compatible.
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Principal Designer will have to be a PM/QS/Architects. I see the Project Managers taking most of these duties on,some of the wording on the guidance is giving false hope to CDMCs, on the PD role.
CDM-Cs will probably be helping/advising the clients with their responsibilities.
Yes I am a CDM-C, I have seen it done well, I have seen it done badly.
Maybe the old CDM-C can be employed by the PD for the H&S part,but I can see the cost the newly PD put in going up by much more than the current fees CDM companies charge.
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I have been doing CDM C work for the past four years, working for a Design company who have recently become architects. I have found the role rather easy although the clients involved are fairly small, shopfitting, but hundreds of projects every year and all completed without problems and also without too much effort.
Not a high fee charged for any of those projects, but a high number so the income has been good.
In my opinion CDM C companies have enjoyed good incomes from Clients because the previous CDM Rags allowed the CDM C to develop their role and charge over the top prices for their work.
Tin Hat firmly in place on head now.
Now that the CDM C is on the way out, no such title in the new Regs, some people who are CDM Cs and nothing else are looking to "invent" another role within the Regs in an effort to "assist" the Principal Designer with his duties.
Having read the draft I cannot see any difficulty for the PD at all if he simply follows the guidelines and there is no need for the current CDM C role to continue. Some of the work will be carried out at meetings with Client and/or Principal Contractor - meetings that already happen, but in future there will be one less person involved and the same work will get done.
Having said that I can forsee PDs having to employ some assistance for the admin side of the work but not at the high cost as previously.
There should be a cost saving for the Client at the end of the project as, the way I see it, the cost will be reduced because no CDM C to employ.
The above is all my opinion and I will keep the tin hat on for a while lomger.
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