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#1 Posted : 23 February 2007 13:48:00(UTC)
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Posted By Peter Moran
With the revised regs being applied from 6th April 2007, is there anyone else out there puzzled to be receiving Pre-Construction Phase Plans for Highways contracts that commence after this date but containing no updated terminology or references?

Surely from this date the statutory instrument is enforceable with no transitionary phase? (unlike for a pre-existing client/Client Agent relationship)

Any comments welcome....thanks...Pete
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#2 Posted : 23 February 2007 14:00:00(UTC)
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Posted By Charley Farley-Trelawney
It has to be Peter; as a company we are ensuring applications made now are 2007 CDM compliant, there can be no excuse that way.

CFT
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#3 Posted : 23 February 2007 14:04:00(UTC)
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Posted By Peter Leese
T'other way round Charley!
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#4 Posted : 23 February 2007 15:40:00(UTC)
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Posted By Ron Hunter
If this is a concern to you(and I honestly trust that the HSE will focus on the bigger issues), then your argument tends to be self-defeating?
Why would you consider it acceptable to receive a document today which is not 'compliant' with the Regulations currently in force?!
I respectfully suggest that incorrect references or terminology are the least of our worries - proper compliance with CDM principles is the goal. Compliance with CDM'94 would be a good starting point for many Organisations out there!
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#5 Posted : 23 February 2007 15:51:00(UTC)
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Posted By Charley Farley-Trelawney
Missed that I'm afraid Peter, right over my head? 'T'other way round??

If I was not clear, as a company any construction project of the Group that is in the planning stage and likely to be at F10 prior to April's CDM 2007 is intended to comply with all the latest requirements.

CFT
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#6 Posted : 23 February 2007 16:00:00(UTC)
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Posted By mrs.seed
I have to agree with Ron, the regulations are not in force at present and therefore you would be in breach of the exisitng regulations if pre-construction information is not given in the form of a pre-construction health and safety plan or if indeed a CDM-coordinator was appointed rather than a Planning supervisor.
There is no specified format in CDM2007 for supplying the required pre-construction information. It is the actual information which is important (there isnt any major change in this area) so I can see no reason why a well put together pre-construction H&S plan for CDM94 would not comply with CDM2007.

It may be that your client is using a generic plan which doesnt contain the information which you feel is useful to you, in which case I suggest you request it from your planning supervisor, as they should have reviewed it before passing it to you.

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#7 Posted : 23 February 2007 16:04:00(UTC)
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Posted By mrs.seed
P.S.
As a dilligent contractor you may wish to express your concerns to the client and remind them that the new regs are coming in soon and they should should prepare and maybe even ask them if the CDM-coordinator will be the same organisation/person as the current planning supervisor.

Sarah
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#8 Posted : 23 February 2007 16:45:00(UTC)
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Posted By Crim
The new regs come into force on 6/4/07 and until that date the current regs are to be complied with.

I'm sure it is possible, even at this late stage, to complete a construction project before that date even if it has not yet started. (Fast track is common in shop fitting for example).

Once 6/4/07 arrives Clients need to be advised by Designers etc. that CDM is here and is to be complied with.

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#9 Posted : 23 February 2007 17:54:00(UTC)
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Posted By holyterror72
If its all just a matter of working out whats going on and you are unsure just ask. Surely there are opportunities to get things soughted out. This isn't a new CDM Regs issue its applicable under the current regs. The new regs are based on existing good practice so for gods sake don't wait and harp on about the new regs, people who are doing that now are underestimating existing problems and their ability to deal with them.

If your not happy about anything which affects H&S or you require further information flag it up, CDM or otherwise. It may be that you highlight a problem with the flow of information and your projects as a whole would benefit from your high lighted changes. You would be applauded rather than be ridiculed. And if you do nothing and something happens what then?

A lot of these threads try to place blame but CDM is about being a team and working together. Weak lines of communication can have very negative effects on projects. If its something you need, be vocal about it.
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#10 Posted : 23 February 2007 18:06:00(UTC)
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Posted By holyterror72
Bugger. Sorry, Ive replied to the wrong thread. DOH!!!!

I attended an APS CPD event yesterday and when you actually look at what is required for the 'pre construction information' (a name which sticks to the information even during construction phase and is the equivalent of the pre tender plan, seemingly in all but name) its ultimately the same. Although it was stipulated there wouldn't be as much paperwork, unfortunately (possibly due to increased liability) everything needs to be documented for proof as an audit trail.

So there's not really any difference, which I suppose makes sense as if the information was pointless why would it be necessary under the current regs? from what Ive heard they just want CDM Cs to stick to pure information and not 'such and such is responsible, CAT scans, etc, just put what you know. Any deficiencies in information should be highlighted where know by the CDM C to the client (initially) and, if not known by the CDM C, should hopefully be picked up when the CDM C contacts the tenderer's, etc, to ask them if they need further information I order to adequately consider the proposed project.
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