Construction (Design & Management) Regs 2007 & Working a

South Cumbria Occupational Health & Safety Group

joint meeting with

South Cumbria IOSH District

November 2007 Minutes

CDM 2007 and Working at Height

Minutes of the joint meeting held at 2pm on Thursday 15th November 2007 at the Netherwood Hotel, Grange-Over-Sands, Cumbria.

Martin Fishwick, Chairman, welcomed everyone and reminded the group that the meeting covered two topics this month. First he introduced Gary Lewis, Solicitor, Hammonds, to speak about the Construction (Design & Management) Regulations 2007 (CDM07).

Topic 1: CDM07
Speaker: Gary Lewis, Solicitor, Hammonds

Gary said that the objectives of CDM07 are the same as those of CDM94; they could be summarised by the 4Cs:
Co-operation
Co-ordination
Competency and
Control (or Management!)

Gary explained that the old Regulations didn't deliver and were seen as too bureaucratic. They failed in three respects:
1. Clients were detached - they could appoint an Agent and the Planning Supervisor (PS) separated them from the management chain.
2. The PS role - not well defined; PS was not appointed soon enough
3. There was insufficient emphasis on design, especially early on.

There is now more emphasis on the Client, on Design, and on Competency.

The aims of CDM07 are:
- The integration of Health and Safety into overall management
- Improved planning and management throughout the project
- Risk identification leading to risk elimination or reduction at the design stage

Other "simplifications":
- The Agent has gone
- There is no separation of construction and demolition
- Incorporation of Construction Health & Safety at Work Regulations (CHSWRs)
- Simplified notification - discussion suggested differing ideas about when to notify; this may be due to varying views between HSE offices; in general the earlier the better; amendments to early notification can be dealt with by issuing updates.

The duties for notifiable projects are in Part 3 of the Regulations. These include the following requirements:
- The PS is replaced by the CDM Co-ordinator - must be in post before design starts.
- Designs must be project specific, and address risks in construction, use, maintenance, repair, cleaning, modification, and demolition ie "design for life". A lead designer may be required.

Gary indicated that timely appointments must match (anticipate) the project stages, and be complemented by the appropriate information flow. Gary advised caution when using foreign designers - they must be "CDM compatible".

Choice of materials and construction techniques must be justifiable.

Competency is the focus of CDM07. This should be considered as project specific. Holding multiple roles should be avoided, as should accepting roles beyond one's competence.

The CDM Co-ordinator (CDMC) - has a major role, and the guidance on competency assessment in the CDM Approved Code of Practice (ACoP L144) should not be ignored. The CDMC having been appointed early, should advise the Client, check competences, and notify the project to HSE.

There should be early collaboration between the Client the Designer, the architect, the CDMC and the Principal Contractor.

The Client - pivotal role, he should review practices to secure the 4Cs in action. Gary noted that the Client may need an independent assessment of the CDMC's competence, as his role is key to the efficient running of the project - the whole competency audit chain could collapse, if the CDMC is not competent.

Designers - should identify and eliminate or reduce hazards at the design stage.

The Principal Contractor (PC) should have input into the design, plan/manage/monitor the construction, and continue the competency chain through to contractors.

All policies, procedures and practices for construction work covered by CDM94 should be reviewed to ensure that are realigned with CDM07. Gary cautioned against too much reliance on the transitional provisions of Regulation 47. The Health & Safety Executive (HSE) may well query design decisions and examine the competency chain. It should not be forgotten that they can act against companies and individuals.

Martin thanked Gary for his presentation, and then introduced Gordon Prosser Consultant, Duel Safety Management, to talk about Work at Height.

Whilst the technology was set up there was a brief discussion about dealing with limited English speakers � representatives of firms present said they used interpreters, translators, and English classes, and also had recruitment standards.

Topic 2: Work at Height

Speaker: Gordon Prosser, Consultant, Duel Safety Management

Gordon said that his talk would be on practical aspects, including associated hazards as well as falls. He reminded us of the hierarchy of:
- Avoidance
- Use of existing access
- Prevention - restraint, barriers
- Mitigation - arrest, soft landing

In all cases, the preference was for collective protection over personal protection. He also reminded us that Work included access and egress, one consideration being adequate headroom.

Gordon then embarked on his slide show of good and bad practices.

Ladders � are here to stay! He illustrated good and bad securing of ladders, too short ladders, ladders not properly landed, and situations where over-toppling could occur. He said that stays could be very useful for safety. With trestles, adequate width was important, and they could be enhanced with handrails. He showed illustrations of alloy towers to highlight the need for proper footing and adequate guarding.

Work over water - in addition to all the usual precautions, lifejackets are appropriate, backed up by an effective means of rescue.

Inside buildings, in confined spaces, or for work at night - suitable lighting, both for access and for working, is needed. This, together with associated generators may provide its own hazards (tripping, obstruction) as well as giving duties under PUWER in its own right.

Man hoists - requirements for inspection, and suitable gating at top and bottom. MEWPs and cherry pickers are now in common use for erection and maintenance, but they give rise to the need for training, and proper assessment of the task and loading to stay within limitations of weight and reach distance. We saw photographic evidence of the results when parameters are exceeded. Similar considerations apply to scissor lifts; for all of these, purchase points for restraint harness lanyards need to be assessed, to avoid falls and not to exceed allowable loadings. Again the total allowable load (men and materials) must be assessed. Where such equipment, and man-riders (cradles) are in use, interactions with other vehicles and cranes must be avoided, if necessary by closing off the road or area.

Gordon considered that rope access work, carried out by trained and skilled personnel (often hobby climbers) is a safe technique when two independent ropes are used. He also noted that the controversy over single rope activities in climbing training has been resolved.

Scaffolds - Gordon quoted SG4.05 as the work of reference. Properly used, they offer collective protection, provided that advance guarding systems or fall restraint/arrest are used during erection and dismantling. Motorised gin wheels can be used for raising materials. It is again necessary to assess loadings (men, materials, wind, hoisting) - for complex structures calculations may be required. Up to date signage giving inspection status or stating "not in use" is essential.

Restraint and arrest systems - by harness lanyards, clipping onto vertical or horizontal taut wires (including on fixed ladders).

Mitigation - may be provided for by using nets, bean bags, or crash decks (same price per square metre as carpet) as soft landings. However, safe means of installation, strong enough anchors, and freedom from overloading by falling materials must be ensured.

Gordon rounded off his talk with a number of miscellaneous points:

Definition of falls from height - He stressed that the 2 metre lower limit in the Regulations has gone; falls from ground level to below are covered by the Regulations, as are low falls that can cause serious injuries and fatalities. Holes are potential trip hazards and should be adequately covered or fenced.

Rescue must be provided for - where operatives cannot self rescue (eg: by using a foot sling), as suspension trauma (blood pooling) can occur in 10-15 minutes. This may involve heights (obviously) or confined spaces. Therefore, operatives and rescuers must be trained. Even flat bed vehicles being unloaded can be provided with guardrails.

Distractions affecting people working at height (especially on ladders) - should be avoided eg: mobile phones, loud noises etc�

Gordon�s final messages were "If in doubt, think about it", and that competent supervision is always important.

Martin Fishwick, Chairman, thanked Gordon for his presentation and John Westmoreland, Business Secretary, reminded members about future events, information on display, mentoring at Branch meetings, and the choice of topics for the June 2008 joint meeting with the Branch.

Martin then closed the meeting, which was followed by a Committee meeting.