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Posted By J Knight
Hi Folks,
This is a question about the details of timing and implementation of CDN 2007. Now, I know that CDM 2007 is due in April next year, so that's not what I am asking.
What I want to know is, suppose we have a project design brief, and construction work isn't due to begin for at least a year or so, does that mean we have to start implementing the CDM2007 process now? Because when we get to the construction phase the new regs will apply. The reason I ask is because of comments in the ACOP like the CDM coordinator 'should be appointed before significant detailed design work begins'. Now, we haven't done that, as when the brief was drawn up the ACOP wasn't avaiable, but in not having done that for a project which won't reach implementation until after the regs are implemented, could we be found to have breached a duty of care? In other words, is the new ACOP retrospective, not by design but purely because of the long lead-time required for construction projects?
Hope this makes sense, sensible comments very welcome,
John
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Posted By Ron Hunter
If you didn'y make early appointment of a Planning Supervisor, i.e. at the concept and scheme desing stage, then you are in breach of CDM'94! HSG224 (existing ACoP) para 75 refers.
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Posted By J Knight
Thanks Ron, but my question is still open, i suppose; should we now be appointing CDM Coordinators even though they don't exist yet (or do they?)?
John
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Posted By Chris D
That's an interesting question, as i have been told rightly or wrongly that the ACOP is due out in Jan 2007. Is this correct. My general opinion is there isn't an easy answer to this. Do what you normally would do then come April 2007 change peoples titles and duties accordinly.
Right or wrong????
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Posted By Dave McIness
You cannot appoint a CDM-C as the role does not exist (not until April 2007 at least - and that is assuming the HSE stick to their current timetable!).
You must however comply with current legislation and the new legislation once completely ratified, will I am sure clearly address transitional arrangements for existing project that are currently underway.
However, I may be wrong, but at present it sounds like you are not complying complying with existing legislation. CDM 1994 clearly states that a PS should be appointed as early as possible, not after significant detailed design work begins!
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Posted By J Knight
I don't think we ahev detailed design work yet, having read the new ACOP I thibnk we are still at the pre-design stage, but we are getting close and may well need to look for a CDM-C before the new regs come in; or would a PS still suffice? Help, still deeply confused here,
John
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Posted By Dave McIness
John
I would recommend that you forget all about CDM 2007 at this time. It does not exist at this time and will only confuse the situation.
Regardless of whether or not the detailed design has been done, you need to appoint a PS ASAP, if you leave it until the detailed design has been completed, the added value that a good PS will bring to the team will be lost, not to mention that you will not be complying with your duties under CDM 1994.
What is your/your company's role?, are you the client?
Dave
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Posted By holyterror72
We were told at a convention that as of the implemetation of the new regs (whatever day, April 2007 as it stands)the new regs will kick in. So you will progress as normal up until April and any changes that are required as of April will take effect as of that day (day the new regs are implemented). So if its the mid to end of project there wont be any real changes as far as I'm aware.
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