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Posted By Barry Bruce Im currently working on a construction project to alter the use of a building from a welfare facility to office space.
The CDM Regulations say - 'HSE must be notified of projects where construction work is expected to last more than 30 working days'.
Does anyone have a more detailed understanding on the HSE's requirement in relation to the 30 working days rule - does this mean 30 x 8 hour days? Im not aware of any legal precedent that has been set in relation to this particular rule.
The reason I ask is, as we all know construction can be a slow process and can encounter delays. For example, a contractor may have to wait for a concrete screed to cure, or he may have to wait for materials to arrive onsite such as windows being supplied by another supplier. How do we account for that? Technically speaking the days where no construction work is being carried out are not 'working' days.
We do not 'expect' this construction project to last more than 30 working days i.e. 6 working weeks however, it may last 8 - 10 weeks in total as the contractor waits for materials from suppliers, etc.
Any thoughts?
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Posted By CW - No Post Nominals On the F10 it asks what is the proposed start date, and then the duration of the project. With that I would say if the job is lasting more than 30 days it is notifiable.
Are you the client? contractor?
It certainly comes under CDM.
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Posted By CFT Barry
Any day on which construction work takes place is counted towards 'day' count. What matters is how many days of construction work the project entails, not when these days occur or how many hours are worked, so 30 days or 500 person days of construction work is your 'yardstick'.
All the best
CFT
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Posted By Barry Bruce I am the client and under pressure from the board!
RE: 30 days - why word the rule as 'working days' - if the rule is meant to be '30 days' the ACOP should read as such. Also, the Regs do not interpret the meaning of the term 'working day'. Ultimately, I believe case law will determine the '30 working day' rule. It could be argued in court that a working day consists of 8 hours.
Anyway, the project is already over budget so I will have to push the contractor to commit more men to finishing within 6 weeks. Its not a big job. We havent signed a contract yet and have only just completed the feasability study.
Thanks for your help guys
cheers
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Posted By Alan Haynes Careful - putting more men on it may bring you under 30 days, but take you over the 500 man-day limit.
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Posted By Barry Bruce HI Alan
Yeh, pobably only talking about around 8-10 men max.
As I say the job isnt a huge construction job. We have structural engineers who have assessed the work and prepared drawings, including slapping works etc.
I think CDM is there to catch the bigger players to be honest. Those contractors who carry out medium contruction works.
Another point (not that im ranting) Its a bit OTT to include re-decorating as 'construction work'. Imagine this scenario - a rather large office block is being redecorated. It is entirely feasible that some large-scale redecorating jobs could take more than 30 days - does anyone really think decorators would be apply the CDM regs to their work!
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Posted By Ron Hunter It is concerning to still see a perception that CDM can be "avoided" by keeping works below certain thresholds. In any respect, there are Designers involved here. Their CDM duties ALWAYS apply. A key part of their duties is to advise you (the CDM Client) of your CDM responsibilities. I do hope the Project specific significant risks have been identified, and that you have a satisfactory way of communicating them to all these who need to know. CDM is not a hindrance or a burden. Sensibly applied it can add value to your Project, help you ensure your contractors are competent, and ensure those who build, use, maintain and clean the structure(s) are kept safe.
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Posted By Davelfc Barry I don't see your issues, if its that close to the 30 days and you are splitting hairs notify the work be legal and plan the job and control the job correctly and you have no worries.
After all its not a huge job.
If you plan & Program correctly you will know how long it is anticipated to take, and make your decision on time allowed.
Good luck
Dave
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Posted By CFT Ron
In fairness to Barry he was making reference to 'notifiable' as opposed to CDM per se.
All the best.
CFT
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Posted By Crim CDM covers all construction work, it is the days and or hours that make it notifiable.
To count as a day this covers any construction work undertaken within the 24 hour period, i.e. if a joiner arrives on site today and hammers in one nail then leaves site, today counts as one day.
Weekends and holidays do not count if there is no work carried out.
I see no problem in notifying but not notifying could lead to problems later if work runs over.
Question - has there ever been a prosecution for non notification of a notifiable project?
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Posted By Barry Bruce I have a full understanding of the legislation, possibly dare I say - more than others. I am making reference to notifiable projects not the CDM regs per se, im more than aware of my own requirement in relation to projects that are not notifiable.
For a small company with limited resources expenditure can be tightly controlled. We do have a competent health and safety officer - me. Applying CDM in relation to notifiable projects can be a costly exercise without much positive impact - esp. in relation to small projects like this one -IMO. Before anyone shoots me down in flames - im not saying that CDM Regs are a waste of time, far from it. CDM Regs will play a major part in enforcing health and safety at sites/projects which in the past have never thought about h & S, never risk assessed, never developed safe working methods - the very sites that the HSE are targeting on a daily basis (recent 'dawn swoops' in England demonstrate this).
However, under notifiable projects there is a clear need to employ a CDM Co-ordinator, this brings with it certain requirements of which im not fully qualified. I do have a H S Dip but no construction qualifications as such. Im suitably qualified to risk assess and manage the health and safety of others by implementing safe working practices. CDM Co-ordinators do more than this, this is why there is a separate qualification - to provide knowledge and understanding of the requirements of CDM 2007
The hazards will/have been identified and risk assessed; control measures have/will be put in place; the designers and engineers have included safe methods for removal of non-supporting walls, propping methods, slapping methods, etc. Im sure im more than capable of controlling the risks. But like I say - im not a CDM Coordinator!!
The decision will be made tomorrow when I meet with the principal contractor (the only contractor)
Cheers
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Posted By Karen Wilson I would suggest that if there is any doubt with respect to the expected duration of the contract then it is always better to submit an F10.
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Posted By Bob Youel
Forget 30 days, 500 hours and even the CDM regs - the law [and common sense] says that you must manage irrespective so all sensible managing parameters apply e.g. welfare, resources, control, training, quality etc must be adequate
CDM is easy if you apply the same effort to managing it as you do to marketing, sales, boardroom jollies, managers choosing their new company car etc and yes decorating is also easy to manage via CDM [notifiable or otherwise]
As usual its alright for other areas to be complicated e.g. invoicing for the products that are to be used, the ISO system that is in place etc but for some reason H&S must be easy
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Posted By peter gotch Barry.
Crim's analysis of what a day is is spot on. See paragraph 16 of CDM ACOP.
If you are competent to deal with the paperwork for a non-notifiable project, then in my view you should be competent to act in the capacity of CDM-C.
In effect you need the same processes in place whether or not you treat this as notifiable.
Finally, I would note that redecoration has fallen within the definition of "building operation" [subsequently part of the CDM definition of "construction work"] for many decades, perhaps reflecting that painting is recognised as a high risk trade (partly as result of numbers at risk), as demonstrated by both current and historic stats.
For example, "Construction Health and Safety 1981", published by HSC has a graphic of "The ladder of death" with a breakdown of the trades involved in fatals in 1980-81 with percentages and comparison with %s in 1977-79. The latter are in brackets below
Labourer - 28% (20%) Roofer - 11% (14%) Driver - 9% (8%) Managerial/Supervisory/Technical - 8% (8%) Painter - 8% (10%) Demolition worker - 8% (6%) Joiner - 7% (3%) Scaffolder - 5% (6%) Steel erector - 3% (6%) Electrician - 3% (1%) Bricklayer - 1% (2%) Tunneller - 1% (2%) Other - 7% (14%)
I have personally investigated several fatal or major injury accidents involving painters, associated with falls of persons or, in one case, materials, ie struck on the head by falling scaffold clip.
Regards, Peter
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Posted By Ron Hunter Barry, bear in mind that CDM is not necessarily about the seperate employment of a party to undertake CDM-C duties! Particularly on the less complex Projects, there is no reason why the Regulation 20 duties cannot be shared and undertaken by the Client,Designer and the Principal Contractor in a managed and structured way, without the need for additional consultant fees.
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