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Posted By Andrew Neil
In the new draft regs there does not appear to be a disapplication of the requirements of some of the regulations if less than 5 persons are involved in the construction work as in CDM 1994 Reg 3(2)b. Has this been removed or have I missed it?
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Posted By peter gotch
Andrew
Regs are beyond draft!
Downloadable at
http://www.opsi.gov.uk/s...007/uksi_20070320_en.pdf
Parts 2 and 4 of CDM2007, i.e. Regs 4-13 and 25-44 apply to ALL construction projects of whatever scale and duration, i.e. the 5 person threshold no longer applies.
Part 3 only applies to notifiable projects, with the 30 day rule clarified [in ACOP] to indicate that it is 30 working days, not a 30 day time frame inclusive of non-working days e.g. weekends, hols. Whether the ACOP clarification stands up if this question gets to the Courts is a matter on which I have some doubt [in line with HSE's solicitors interpretation some years ago]
Regards, Peter
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Posted By Robert K Lewis
Andrew
Just to re-emphasise the point Peter has made. The currrent HSE presentations talk about 30 working days for notification but when one remembers that many sites work 6 and 7 days then I think, personally, the distinction is a bit suspect.
The application to ALL construction work has some major consequences for any client of small construction works. Regs 4 to 13 probably contain some of the key requirements relating to the management of construction works. The plumber , the IT engineer, the gasfitter etc etc will all qualify as construction work, especially if you consider the requirements under the CAR 2006. The HSE are strong that clients must take an active role in ensuring safety during construction work.
Bob
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Rank: Guest
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Posted By P Workman
Anyone know where I can get a copy of the CDM '07 ACOP?
Cheers
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