Implications of Construction (Design and Management) Regulations 2015 (“CDM2015”)

Hi all,

I've been meaning to join to ask a question about garage electrics. But that can be left for another day...

I'm a member of a club (it's non-profit, registered as a company limited by guarantee). The club is lucky to have some very skilled trades people (both employed and retired) as members. Almost all of our maintenance of the clubhouse and grounds are done by the members. We are reviewing our safety procedures now that the the Construction (Design and Management) Regulations 2015 (“CDM2015”) came into force this month (this is the start of a six month transition period).

Looking at the primary legislation ( http://www.legislation.gov.uk/uksi/2015/51/contents/made ), the scope appears to be very wide. For example, it includes: "the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances)".

The big change is that the Act applies to all sizes of work. (Projects bigger than 30 working days and have more than 20 workers on site at any point or construction work is scheduled to exceed 500 person days, have to ALSO register with the HSE.) This seems to be yet another case of our incompetent elected representatives not moderating the rampant authoritarian tendencies of the "Civil Service" as they implement another EU Directive (European Temporary or Mobile Construction Sites Directive (TMCSD) 92/57/EEC).

I've only glanced through the Act, so I will have missed a few key points. I couldn't even find anything that excluded DIY. But, the HSE web site ( http://www.hse.gov.uk/construction/cdm/2015/summary.htm ) has the following footnote: "** CDM 2015 applies if the work is carried out by someone else on the domestic client’s behalf. If the householder carries out the work themselves, it is classed as DIY and CDM 2015 does not apply." Another web site ( http://www.brachers.co.uk/news/item/what-you-need-to-know-about-the-new-cdm-regulations ) confirms that "There is no exclusion or modification where the client is an unincorporated association, a group of volunteers, a charity or a sports club"

The HSE template for the Construction Phase Plan (CDM 2015) mentions "small-scale routine work such as: installing a kitchen or bathroom". But, is there a lower limit where a plan is not required? What about changing a tap washer in the clubhouse toilets?

Please tell me if my understanding as outlined above is wrong. If not, how are you guys managing the new (for small work/domestic projects) the roles of Client, Designer, Contractor and Worker. Do you create a Construction Phase Plan for each job - even if it is only replacing a tap washer?

Thanks.

 

Thanks for that Gatt - I was kinda hoping someone would tell me I was wrong!

The thing that amazes me is, since 6th April, a process framework that was used for "large" construction projects, is now law for everything new (except DIY). But everyone seems happy about the added bureaucracy. OK, it's tweaked a bit for smaller projects - but there is still no lower size limit that I can find.

Take this scenario [ all page numbers below are from http://www.hse.gov.uk/pubns/books/l153.htm ]: I drag the Karcher out of the garage and clean my drive. My elderly neighbour pops her head over the fence and asks me nicely if I could clean her drive too. "Of course" I say, but I just need to check if it's in scope of CDM 2015 [OK that's stretching credulity - but stay with me]:

- Regulation 3 guidance (page 13) - "CDM 2015 applies to all construction projects in Great Britain"
- Reg. 2 (p12) - “project” means a project which includes or is intended to include construction work....".
- Reg. 2 (p10) - “construction work” means the carrying out of engineering construction work and includes—
(a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
- Reg. 2 (p12) - “structure” means—
(a) any building, timber, masonry, metal or reinforced concrete structure, ...., road, ...., earth retaining structure or structure designed to preserve or alter any natural feature, and fixed plant;
(b) any structure similar to anything specified in paragraph (a);
(c) ....

Well a drive is just a sort of very short road, so it is "similar" to a road. And cleaning such a "structure" with high pressure water is explicitly in scope.

Ah, but this is just a bit of neighbourly goodwill - no money is changing hands (I'm not even getting a cup of tea and a biscuit). But, there is no explicit exclusion for acts of kindness.

So I refer to [...not much further to go...] "Figure 1 How CDM 2015 applies to domestic clients" (p86) :

- Does the project involve construction work on a client’s home or a home of their relative(s) which is not being done in connection with a business? - YES
- Will the work be carried out by someone on the client’s behalf? - YES
- Will the work involve more than one contractor? - NO => "The contractor will take on the client duties as well as their own as the contractor."

So that means (amongst other things) before I start cleaning her drive:
- Reg. 4 (p14) - (5) (a) before the construction phase begins, a construction phase plan is drawn up by the contractor if there is only one contractor, or ....

I found a free App for that! Get out the iPhone and download the CDM Wizard App. Now let's see: "Client name" - Mabel, "Client address" - next door, ...., "Elderly, disabled or infirm" - tick.....

Ye Gods.....

 

Paul B, Thanks for replying. That was what I was looking for - effectively a lower limit to what CDM 2015 covered.

The only slight niggle is that is not what the HSE Guidance document says. The HSE document has [ all page numbers below are from http://www.hse.gov.uk/pubns/books/l153.htm ]:

Regulation 6 (page 20) - (1) A project is notifiable if the construction work on a construction site is scheduled to—
(a) last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project; or
(b) exceed 500 person days.

BUT (in bold in the HSE document)...

Guidance 6 (p21) - 52 Remember – the requirements of CDM 2015 apply whether or not the project is notifiable.

That is the only reference in the HSE guidance document to 20 workers. Large projects have to be notified to the HSE, but all new construction projects have to now conform to CDM 2015. It may be that current HSE practise is to ignore non-notifiable projects - but it's not what their guidance document says, or indeed what appears to be the law.

It seems crazy to me - but to protect the Club we have to follow the HSE Guidance document.