Rank: Guest
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Posted By Steven Twigg
All
I hope that you have read the latest news release from the HSE concerning Construction (Design and Management) Regulations 2007, dated 2nd April 2007, released 3rd April. http://www.hse.gov.uk/press/2007/e07013.htm
The second bullet point states;
· Replace the role of Planning Supervisor with a new role of CDM co-ordinator. The co-ordinator will act as the client’s key advisor on health and safety issues, particularly effective communication and co-ordination of health and safety information.
I would like to take this opportunity to thank the author of the newsletter for passing on the majority of my role as the client’s (employer's) competent health and safety advisor under the Management Regs to the CDM co-ordinator (key advisor), if the construction project is notifiable. It will save me a lot of hassle (I think not). Obviously they need to think before they write.
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Rank: Guest
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Posted By Philip McAleenan
Steven,
You do not have any cause for concern, as there is no conflict between the CDM Regs and the MHSW Regs.
Reg. 7, MHSW Regs imposes a duty on the employer to “appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions”.
Note two points here; that more than one competent person may be appointed, and in fact Reg 7(3) states “The employer shall ensure that the number of persons appointed under paragraph (1)… are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking”.
The second point to note is that the regulations do not specify that such an appointee be a competent “health and safety advisor”, but rather a competent person to assist in all his undertakings. Thus if the undertaking requires it, then a competent person will be an engineer, project manager, chemist, machine operator, driver, CDM coordinator etc. each of who is competent in that role, including competent in the health and safety aspects of that role.
In effect nothing about your relationship with your employer has changed. Everyone currently employed is and remains a competent person assisting in undertaking the measures needed to comply with the requirements and prohibitions etc…
Any future CDM coordinator appointed the employer must make arrangements for ensuring adequate co-operation between all parties.
Regards, Philip
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