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Posted By Colin H
In the new CDM regs, its written that its a requirement for seats to have "backs"
My question is............. Does this requirement apply to existing sites or just new sites from the date after CDM07 started ?
At a guess (and thats all it is) I would say it applies to all sites whether they are new or have been running 6 months /2 years etc.
Anyone know for sure ?
Thanks
Colin
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Posted By Stewart Campbell
I have recently been in contact with the HSE over this issue. I cannot find any appropriate seating on the market that will be comfortable for site workers to use. The fixed seating type is very uncomfortable and does not offer good rest.
The answer I got from the HSE was that the seating had been added to CDM 2007 to appease an EU directive of old. The HSE will be concentrating on immediate dangers in the workplace not on seating without backs. As long as you as investigating the use of seating with backs, it is not of an urgent priority to attend to. Working at Height and the Work with electricity is more of a concern.
When I find good practical rest seating with backs then I will use them.
Stewart
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Posted By Colin H
I fully agree there are far more important issues than does the site canteen have bench seating or individual chairs, however, as its been brought to my attention I can't just ignore it.
This is a minor issue in the grand scheme of a construction site but I don't want any site agents getting into trouble because someone picks them up during a site visit/inspection/audit
All I need is comfirmation either way......does this rule apply to current sites that started before CDM 07 came out ?
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Posted By Martyn Hendrie
What is wrong with plastic stacking chairs?
I don't think this requirement is covered in the transition arrangements so, it would be technically applicable to exiting projects.
I don't see it being too high on the inspectors agenda though.
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Posted By Colin H
Theres nothing wrong with plastic stacking chairs (as far as I know), lots of my sites have them but not all my sites, some have loose benches that can be moved around and others have bolted down benches.
And I still agree, its not a high priority and may never be questioned, but it might be.
For arguements sake here is an example,
Tradesman falls off a bench and hurts himself and decides to claim for injury, it then comes to light that the seating does not comply with H+S regs so the courts find in favour of the claiment.
I know its petty but thats the society we live in nowadays, sadly.
Just dont want anyone getting any unnesscery grief.
Thanks for the replies
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Posted By Davelfc
Colin
We have replaced all benches with plastic poliprop chairs.
All the benches have now been attached to the walls in the Drying rooms.
They take up more room and reduce capacity so we have increased the floor space to cater for the additional room
Haven't we come a long way over the years, I looked at our welfare the other day and it would put some catering establishments to shame.
The way I see it though sill a long way t go until site workers enjoy the comfort of head office. The gap has certainly closed though I remember late 70's early 80's lucky if you had an old caravan with the guts ripped out a gas ring burner, some even has windows and the good ones had all of its floor.
If you would like some pictures of our welfare I do not mind showing it off.
Dave
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Posted By Tabs
Colin, to answer your simple question ...
I have been told at more than one presentation, including an ex-inspector, that these Regs were retrospective: applicable to existing projects.
I am not the HSE, that is just what I have been told.
Hope that helps.
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Posted By Colin H
Cheers both, been very helpful
I worked/supervised on sites for years before turning to H+S so I've seen site conditions at all levels
One of the current sites I visit has Sky News on a giant screen for the tradesman in the on-site cafe, and the cafe sits about 200, has a full cooking staff supplying cooked breakfasts and dinners
Another site has bottled water, portapotty and a gas ring
Such is life !
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Posted By peter gotch
Hi Colin,
One of the bullets on HSE's internal training course comments:
Rest facilities – now requires seats with backs – this has been a direct transfer from the directive. We should only require this when they are replacing their existing seating, we should not require it as a matter of course.
However, this appears to me to be an enforcement position, rather than any legal recognition that there is a transitional period, so your hypothetical example of a civil claim is correct.
Regards, Peter
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