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Posted By Mart
Hi,
We work for a client who employs the services of Consultant CDM Co-Ordinators. Every time we submit our construction phase plans they reject them on minor technicalities, then offer to produce a construction phase plan for a fee. I was under the impression it was the responsibility of the principal contractor to produce and develop the plan. I would very much like to hear views and experiences of others on this subject. It doesn't seem ethical to me for them to offer this service!
Mart
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Posted By Dave Daniel
Mart: You are quite right. CDM Co-Ordinators do not actually have any executive power to dictate anything. Since you seem to employ them I would have thought the power actually lies the other way.
You should look closely at the CDM Regulations and ensure that the legally-defined roles are being fulfilled by the right people in the right way.
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Posted By Mart
Dave, It is our client who employs the Co-Ordinator. We are the Principal Contractor.
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Posted By Graeme Paterson
The CDM-c has a duty to review the construction phase plan, if its inadequate then they should advise the client as such, and works should not start on site until a sufficient plan is in place.
Offering to produce the CPP is a very odd one.....the point of the plan is to demonstrate how the PC is going to manage the works, therefore the CDM-c cant realistically produce it.
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Posted By Di Clarke
Hi there
If you are working for a client then it is that client that is the Principal Contractor (PC) and as such it is the PC's responsibility to ensure that all of the correct documentation is supplied under CDM regs in conjunction with the CDM C. The only paperwork you should be submitting as a sub-contractor is your company health and safety policy, insurance certificates etc to prove competency to the PC if you have not worked with them before (and usually annual updates are also done). Also job specific paperwork; all of your method statements and Risk assessments to cover all aspects of your work. If you really have doubts about the professional competency and manner as to which the CDM consultancy service is operating then maybe you should contact APS? (Association for Project Safety). Most 'competent' CDM C's are a Registered Member of APS and as such use the post nominals RMAPS.
Hope this helps.
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Posted By Di Clarke
Sorry was in the middle of writing a response when the last one was posted I also think I have got the wrong end of the stick as I thought you were being employed as a subbie. Sorry.
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Posted By Mart
The thing i don't understand is how are the CDM Consultants competent to offer Construction Phase Plans when they are not building Contractors?
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Posted By Bryan Goldsmith 16052
Mart,
As you correctly identify both the CDM-C and the Principal Contractor are Client appointments. (if the client fails to make these appointments they are deemed to have taken on the roles themselves).
The CDM-C should review the Construction plan and advise the client on its adequacy before allowing works to start on site. Until the CDM-C has advised the client that it is sufficiently developed the contractor would not expect to receive written permission from the client to start work on site. Of course the client can give written permission without the 'approval' of the CDM-C but that would be at their risk.
As a CDM-C I find that I am to snowed under with CDM work to find the time to write Construction plans although my company can offer the service it would not be carried out by the same person who is appointed CDM - C for the job.
Hope this helps
Regards
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Posted By Bryan Goldsmith 16052
I would also add that if we were to produce a construction plan it would be in total consultation with the PC (Who would be our client for that commission) and not an off the shelf one!
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Posted By Mart
Surely a CDM-C will approve there own Construction Phase Plan. To me it looks like the Consultants are making it difficult for us so we buy a plan from them. Can i add we have never had CPP's rejected by other Consultant Company's who don't offer this service.
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Posted By Martin Emery
Hi Mart
Unfortunately this appears to be a perhaps too common occurrence. Could you explain in more detail the kind of technicalities for which your CPPs are rejected?
I have seen posts before where contractors have complained that the layout hasn't been to the CDM C's liking and it must be very frustrating if the plans demonstrate a good management system and control the major site hazards.
The CDM C has a duty to ensure co-operation between all parties - in the spirit of cooperation and co-ordination perhaps you need to sit down and discuss his perceived problems with your CPPs. I certainly don't think that the CDM C should be writing a CPP for the Principal Contractor. After all, it is your duty to control safety on site and surely this is best done using the construction phase plan that you are familiar with and have produced yourself.
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Posted By Di Clarke
I would completely agree with Martin's post. I think you need to try and talk this out. Who produces your health and safety paperwork do you employ a consultant or someone in house? If it is feasible I would suggest that your H & S company rep (of whatever type) is there to try and resolve this with the CDM-C to get to the bottom of what it is they are looking for.
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Posted By Arran Linton - Smith
As a CDM-C one of my personal rules is that the Principal Contractor has the right to manage the construction phase of the project, therefore in the majority of cases I would never undertake the development of a Construction Phase Plan. There also appears to be a clear conflict here.
Have a look at the IOSH Code of Conduct which state that "you should not work for more than one client simultaneously on the same case without the express consent of all clients". In this case does this apply to the CDM-C?
The general test that I apply to Construction Phase Plans is simply whether all the relevant aspect of Appendix 3 of the CDM ACOP have been adequately covered and then I apply a degree of flexible professional judgement.
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Posted By Bryan Goldsmith 16052
Mart,
As with any plan/method statement etc, I can't see that it would be good practice for any one to approve their own plans (subject to the risk of the job / Reasonable practibility). In general if all the right boxes are ticked in the competency framework and good co ordination , all aspects stand a good chance of being included whether they are raised by the client, PC, CDM-C or Designers. You have to keep an open mind and look on both sides of the fence especially where you may have Clients / PCs, and Designers from one organisation/ Developers etc.
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Posted By Mart
One of the rejections was we did not specifically say which room within a public house (during refurbishment)we would use for a welfare facility. This is usually decided at the pre-start meeting.
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Posted By Crim
It is a duty of the principal contractor to provide the construction phase plan, not the CDM-C!
I would look at the points of criticism from the CDM-C and rectify as far as possible if they are seen to be reasonable.
The CDM-C is bang out of order in offering to provide an alternative plan. This makes me think the CDM-C is not competent as they are straying from their regulatory duties under CDM?
Any further issues should be taken to the client who has employed all relevant members of the CDM team, the client should be told how awkward the CDM-C is being and because of that it is likely that the construction project will be delayed.
You could also find out what professional memberships the CDM-C has and report them.
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Posted By Graeme Paterson
As a CDM-c also.......
I'll say now it still amazes me how poor alot of construction phase plans actually are.
With the CDM regulations first coming about in 1994 it amazes me more than 10+ years on Principal Contractors still cant produce a sound job specific document, even big top 10 contractors do not produce GOOD documents.
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Posted By Crim
Just wondering how much they wish to charge for the construction phase plan?
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Posted By Crim
Graeme, perhaps you could let us all know what areas of the plans are poor quality?
I produce plans for various PC's and have never had one criticised except for some grammar and spelling mistakes once by a particularly pedantic CDM-C. I did appreciate his help and this has led to an improved document.
Personally I would appreciate your input as you appear to be a CDM-C that actually reads the document.
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Posted By Mart
I don't know how much they charge but it's probably too much. The project in question is a public house refurbishment. After receiving their pre construction information i noted that they had visited site but were unable to gain access. Since all the work is internal do you not agree that their plan would be totally inadequate.
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Posted By Graeme Paterson
With small to medium contractors the most common issues are pure generic documents. More often that not the documents will still reference CDM1994 and the now exempt CHSW1996, in fact they tend to try and list every regulation under the sun as if being able to list these makes them a competent principal contractor. A lot of documents are rushed and poorly put together, the majority of documents will have reference to names of old jobs purely because they have used an old document as a model but not bothered doing a search and replace. This is being particularly picky, but in my view indicates how the PC views CDM and their approach to CPD.
The more important issues that are rarely within a CPP are thing like a basic site layout plan......print off a drawing and add the layout of the site, site compound, traffic routes, pedestrian segregation, welfare locations, emergency routes, muster points, first aid location, site security arrangements (fencing).
I could go on for a fair bit longer outlining main things that are often missing but I should be cracking on with fee earning work.
The very very worst culprits are LOCAL AUTHORITY internal building contractors. I personally deal with a lot of fairly minor LA stuff like School Extensions and school refurbishments, where the LA building contractors are used, they are extremely lazy, non interested bunch I have ever dealt with.
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Posted By Dave Daniel
Mart: sorry - I mis-read your posting. I see it is the client who appoints the CDM-C. Since it's up to the client to appoint the CDM-C you can't stop them agitating and if the client wants to buy another safety plan, I suppose there's nothing you can do to stop him, but it would have no legal status as yours does and you would not be obliged to ditch yours and follow it....
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Posted By Graeme Paterson
Mart can I ask have you been appointed by the public house privately or by the Brewer.
Could you possibly divulge the brewers name?
We used to do a fair bit of work with a midland based brewer before they were sold.
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Posted By Tony abc jprhdnMurphy
Dont get me on CDM co ordinators. I could turn your hair. The funniest was the one who walked around a site in Manchester taking notes, then reported back to me that he was very happy with my CP plan...only problem was he was on the wrong site.
Another turned up on site and tried to stop our operatives taking out non licensed asbestos. He said there was no such thing?
The best ever was a CDMC on a top hotel in London who reported that the site was one of the worst he had ever visited, with no statutory signs and no means of telling that construction work was taking place and members of the public mixing with construction work...9 weeks before we set up on site
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Posted By Mart
Graeme,
We were appointed direct by the Brewery. I don't want to give their name but don't mind saying who the Consultants are if that doesn't breach any codes.
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Posted By Jane Blunt
Mart, I would advise against naming names on this forum.
Jane
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Posted By GraemeP
Luckily as client are becoming more aware of the regulations and their legal duties, the waste of space CDM-c are slowly reducing.
Unfortunately with jobs under £1m-£2m where cost is everything the crap CDM-c's will always win with their stupidly low fee bids, and sadly at that level nobody really knows what the CDM regs are and no one checks anybody else competency levels.
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Posted By Bob Youel
On all but the least risky jobs there may be many things in a construction phase plan that will involve the PC, the client and possibly subbies which will have nothing to do with a CDMC e.g. the installation of white goods once a building has been built which the PC will be managing via a subbie/supplier etc.
People should only evaluate what they are competent to evaluate and what is in their remit to evaluate
Additionally some clients may extend the CDMC's role via the T&C's under which they [the CDMC] work so you need to be clear as to what the CDMC's remit is as on many occasions they are just dog what the client has asked them to do
As for the suitability of plans? How long is a piece of string I ask as I have seen small document files for large jobs and VV
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Posted By Crim
Bob your comment re installation of white goods intrigues me?
I prepare CPP's according to the appendix 3 and it only takes me as far as health and safety relating to actual construction work however the H & S Plan has a mention also.
I have never included anything relating to installation of white goods or similar as that sort of issue has not usually been decided at the time of formulation of the CPP.
The CPP being an active document can be added to while on site but I doubt very much if a PC would start writing this into the Plan.
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Posted By JasonGould
CDM-C producing CPP for a Fee = they need weeding out and exposing.
CDM-C offering advise to cover how companies big and small can / should improve their plans should there be omissions or deficiencies noted within it = well read the Acop where it says both duty holders will co-operate in the development of the plan.
Like an earlier poster has already pointed out, we are years ahead since the need for a suitable construction phase plan have been required.
The problem is that many PC's really don't to this day fully understand what the plan entails despite it even being described quite clearly in the new acop. A bigger problem is equally there are CDM-Cs who think the plan should cover all and Sunday in incy wincy detail within a management document.
I think the key words are management arrangements and obviously these are so so so misunderstood by many PC's and CDM's IMHO.
Misunderstood, and then you get personal opinion on each job by each individual which makes this one of the most pitiful and painful parts of the CDM process.
To this day, I have still only ever seen one CPP with descriptive pictures of the site and hazards included within the job.
About twice have I ever been given revised / updated plans during a project.
Like a colleague of mine once said "its good to talk" e.g. pick up the phone instead of using email. Arrange to meet face to face. Walk the site together and discuss the issues. Ideally bring along the designer so he can start to appreciate some of the issues his design raised.
Oops slipping onto a designer rant now (I'll leave that one for another day).
Back to topic,
Yes in this particular case, it appears that the CDM-C is well out of order for suggesting a fee however the real question should be, was your plan suitable in the first place or not?
Regards
CDM-C
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Posted By Bob Youel
'White goods'
Whilst you have a construction phase management plan for a CDM job you must also adhere to other laws that apply to that job e.g. MHSW and have plans in place to manage all areas not just the CDM aspects of a job
Hence the management of the installiation of industrial sized 'white' goods needs to be in any plans made where such equipment is installed! This is an area that does not [necessarily] involve the CDMC but usually involves a designer & PC
This is one big hole in the CDM regs as the CDMC looks at the specific CDM areas but the PC may have an expanded area as agreed with the client e.g. installation of 'industrial white goods' [large, heavy, awkward equipment to install, use, maintain etc but not 'fixed' to or part of the 'structure' therefore there is a 'gap' between the area that the CDMC looks at and what the PC is fully covering. Hence my comments beforehand
So in my opinion a PC's management plan is made up of adhering to the CDM regs as well as to all other areas that form part of the PC's package of work
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Posted By northtechsafety
It is the Principal Contractor's responsibility to produce the H&S Plan and the CDM Co-ordinators responsibility to advise his client on the adequacy of the docuement. It should not be rejected on minor technicalities as it is a living docuement and can be adjusted and added too as the jod progresses. As long as the basic elemts are in place it should be approved.
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Posted By Arran Linton - Smith
For those members who have access to the Association for Project Safety Code of Conduct, have a look at code points 6 & 7.
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Posted By Robert K Lewis
We need to be very clear here - An organisation who is the CDMC may also have a consultancy side able to provide other construction services to the contractor PROVIDING that suitable information barriers exist between the two areas and all parties, including client are satisfied with any confidentiality arrangements. My own company often arranges such service provisions but ethical behaviour is the key.
I have absolutely no time for those organisations trying to develop work off the back of other activities in a way which is somehow questionable.
Bob
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Posted By bluesail461
Hi,
There are 'rogue' CDMC's just as there are 'rogue' contractors.
The key thing is about communication. I always try to bring a 'collective' responsibility to a project ie we (client, contractor, CDMC) all want the job to go smoothly so it is best to work together to achieve this.
The key thing for the original poster to realise is that the CDMC produces the pre-construction information upon which the PC bases his original Construction Phase Plan so if the CDMC does a bad job in the first place it becomes a lot harder for the PC to produce a decent Plan. Perhaps the PC should communicate this to the client!!
On major projects where I am the CDMC I spend a lot of time in dicussions with the PC to get a decent construction phase plan that will suffice for the START of the project in place at the START of the project. I dont try and get the full plan in place at the start - there's no point as usually the project design or other things change!
To be honest I could view it as a 'failure' on my part if I cannot get a decent PC to be able to produce a decent Plan. I then spend more time advising him (and the client) when the Plan should be developed further. Bad CDMC's will eventually get a bad name - hopefully. If anyone wants more advice contact me directly.
cheers
jez
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Posted By Mart
Would anyone be willing to send me an initial outline Construction Phase Plan for me to have a look at and compare?
Many thanks
Mart
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Posted By Mart
I should have added, thank you all for your responses to my original question.
Mart
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Posted By Arran Linton - Smith
Mart,
The outline which I follow for the preparation of a construction phase plan, or the one which I use for checking a PC plan is simply the one in Appendix 3 of the CDM ACOP L144.
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Posted By Crim
Appendix 3 is the place to start. I found it quite simple to arrange the CPP according to this.
White goods would most probably be installed by one of the sub contractors who may not come on board until the latter end of the project. (This could be many months after the start, even more than a year in some cases). Associated Risk assessments are not required until nearer the installation dates.
My role in producing the CPP is as an external adviser and do not get involved with the rest of the project unless invited. That's probably why I've never got involved with the installation of white goods? I suspect there are many more like me?
The CDM-C is of course involved for the full duration of the project, and for some considerable time after the end in formulating the health and Safety File.
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Posted By bluesail461
Mart,
If you want any info drop me an email
cheers
jez
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