Hi Chris

Time to download L153 (Guidance on CDM 2015) from the HSE website!

May be also download L144 which WAS the Approved Code of Practice and Guidance that supported CDM 2007 which you should still find at the HSENI website as that was written in less waffle than L153.

However, you need to understand some definitions and it might help to have a feel for their roots.

So, the definitions of “construction work” AND “structure” in CDM 2015 largely derive from the definitions of “building operation” and “work of engineering construction” the latter twice extended in the Factories Act 1961 Section 176.

HSE took the opportunity of the first iteration of CDM [1994] to both take note of LOTS of case law on what constituted a “building operation” and also to close some perceived loopholes to bring precisely the sort of work you are about to have done INTO the scope of CDM.

Since the CDM definition of “construction work” refers to a “structure” I will start with that:

“structure” means—

(a) any building, timber, masonry, metal or reinforced concrete structure,,,,,,,,,,[a VERY long list!!] and fixed plant;

(b) any structure similar to anything specified in paragraph (a);

(c) any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, and any reference to a structure includes part of a structure

Since the word “plant” isn’t defined in CDM you default to the definition in HSWA Section 53 which would include a lift.

“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes—

(a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de commissioning, demolition or dismantling of a structure;

(b) the preparation for an intended structure, ……….

(c) the assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure;

(d) the removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure;

(e) the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

but does not include the exploration for, or extraction of, mineral resources, or preparatory activities carried out at a place where such exploration or extraction is carried out;

Your intended project will probably come into scope via all of the paragraphs in the definition of “construction work” other than paragraph (b).

So, Question 1 – does CDM apply? – YES

Next Question 2 – is the project notifiable? NO. See Regulation 6(1). 4 workers for 10 weeks assuming 5 days per week (and noting that part of a day counts as a day) = 4 x 5 x 10 = 200 working days.

Doesn’t meet the more than 20 workers on site at any time threshold in Reg 6(1)(a) NOR the over 500 person days in Reg 6(1)(b).

Question 3 – do you need a Principal Designer and Principal Contractor! POSSIBLY NOT. See Regulation 5.

BUT the question is whether this is really just a single Contractor. If they bring in a subbie for e.g.  the electrics OR if any of the workforce are self-employed then they make more than one “Contractor” and you would need a PD and PC.

Question 3 – what else do you need to do? Everything in CDM that doesn’t need a PD and PC will apply – that is MOST of CDM!!

Any competent lift company should be fully up to speed with CDM. The Regulations have been in force in one form or another for 30 years.

Good luck, Peter