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#1 Posted : 13 November 2007 10:00:00(UTC)
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Posted By Stephen D. Clarke
Can any clever person out there tell me does grass cutting, gulley cleaning and road sweeping on the public highway come under CDM? I thought it didn't but one of our contractors has the contrary opinion. I'm going to make a careful check of regs and guidance but the thoughts of others would be a great help.
cheers
Steve
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#2 Posted : 13 November 2007 12:38:00(UTC)
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Posted By Bob Youel



for an activity to be governed by CDM it must be construction related even where maintenance is concerned - read the regs/ACOP

The areas you note are not CDM. However if you undertake such work on the queens highway chapter '8' will apply

Additionally more and more cases are arising where grounds maintenance people are working on construction sites e.g planting etc and they are being asked to prove their competence re H&Safety i.e. are they H&S card holders?
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#3 Posted : 13 November 2007 13:16:00(UTC)
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Posted By Stephen D. Clarke
Hi,
I've read the regs and guidance and my guess is that grass cutting is excluded as its general horticultural work.
Road sweeping; is it upkeep and maintenance, its not high pressure water cleaning or cleaning involving abrasive/corrosive chemicals - I'm not sure on this one?
Gulley cleaning; I think this will come under CDM as it involves upkeep/maintenance of a drainage system.
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#4 Posted : 13 November 2007 19:26:00(UTC)
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Posted By David Bramall
Stephen
CDM (Construction Design and Management) applies to construction work which is defined in the ACoP as something like work which involves excavation ...

Clearly grass cutting, gully emptying does not fit into the defenition, but do please check the exact wording in case anything has slipped my mind.

DrB
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#5 Posted : 13 November 2007 20:41:00(UTC)
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Posted By David S Burt
Why are you getting so uptight about CDM, remember that the Health & Safety at Work Act etc 1974 applies to all works carried out in a workplace. If things go wrong even on a CDM related project, you are extremely likely to be prosecuted under either Section 2 or Section 3 of the HASAWA 1974 and not for a breach of the CDM Regs.

CDM 94 and the 2007 version are only trying to reinforce and remind people of their duties under the HASAWA 1974. I personally believe that the 74 Act was the best piece of legislation ever introduced -it is simple and self explanatory.

If Health & Safety people stopped trying to barrack room lawyers and smart arses perhaps the profession could start to take a reasonably practicable view of matters. This in turn would allow for sensible Health & Safety decisions based on realistic risk assessment rather than the risk adverse approach that is currently adopted by a significant number of so called professionals.
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#6 Posted : 13 November 2007 21:44:00(UTC)
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Posted By David Bramall
Waoww

Nice one Dave
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#7 Posted : 14 November 2007 07:15:00(UTC)
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Posted By Bob Youel
here here dave

and again I note chapter 8 as on every occasion that I have seen street cleaners working in the road there has not been one occasion where they were using C '8' nor were they trained re C '8'
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