Construction (Design and Management) Regulations 2003 (CDM)
The Construction (Design and Management) Regulations 2003, came into operation on the Isle of Man in 2004.
The regulations are aimed at improving the overall management and co-ordination of health, safety and welfare throughout all stages of a construction project in order to reduce the large number of serious and fatal accidents and cases of ill health which can happen in the construction industry.
The regulations impose requirements with respect to design and management aspects of "construction work".
The obligations are imposed variously on the "client", the "developer", the "designer", the "planning supervisor", the "principal contractor" and "contractors", and on employers and self-employed persons. A developer carrying out a project for a domestic client in specified circumstances must comply with certain obligations as if he were the client.
Which projects do the CDM Regulations apply to
The CDM Regulations apply to most construction projects. However, there are a number of situations where the Regulations do not apply. These include:
- construction work other than demolition that does not last longer than 30 days and does not involve more than four people;
- construction work for a domestic client,
- construction work carried out inside offices and shops or similar premises without interrupting the normal activities in the premises and without separating the construction activities from the other activities;
- the maintenance or removal of insulation on pipes, boilers or other parts of heating or water systems.
People who, as part of their business, construct houses for subsequent transfer with land (whether by sale or other means) to domestic clients are known as developers under the CDM Regulations and have duties as clients.
If you have any doubt about whether the CDM Regulations apply to your project, or whether you have legal duties as a client, you should contact the Health and Safety at Work Inspectorate on the details below.
Notification of a project
For the purposes of these Regulations, a project is notifiable if the construction phase;
(a) will be longer than 30 days; or
(b) will involve more than 500 person days of construction work,
Duties of the client
As a client you have the following duties under the CDM Regulations; (whether you are a client or client's agent):
- appoint a planning supervisor;
- provide information on health and safety to the planning supervisor;
- appoint a principal contractor;
- ensure those you appoint are competent and adequately resourced to carry out their health and safety responsibilities;
- ensure that a suitable health and safety plan has been prepared by the principal contractor before construction work starts; and
- ensure the health and safety file given to you at the end of the project is kept available for use.
If you arrange for someone to prepare a design or for a contractor to carry out construction work on the project, you also have duties to ensure they are competent and are adequately resourced to carry out their health and safety responsibilities.
Further details on the role of the Client can be found on CDM Information sheet No 1.
Duties of the Planning Supervisor
As a planning supervisor you have the following duties under the CDM Regulations:
- Ensure HSWI is notified of the project.
- Ensure co-operation between designers.
- Ensure designers comply with their duties.
- Ensure a pre-tender stage health and safety plan is prepared.
- Advise the client when requested to do so.
- Ensure a health and safety file is prepared.
Further details on the role of the Planning Supervisor can be found on CDM Information sheet No 2.
Duties of the Designer
As a designer you have the following duties in relation to health and safety under the CDM Regulations:
- make clients aware of their duties;
- give due regard to health and safety in your design work;
- provide adequate information about the health and safety risk of the design to those who need it;
- co-operate with the planning supervisor and, where appropriate other designers involved in the project.
Further details on the role of the Designer can be found on CDM Information sheet No 3.
Pre-Tender Stage Health and Safety Plan
The pre-tender stage health and safety plan is essentially a collection of information about the significant health and safety risks of the construction project which the principal contractor will have to manage during the construction phase.
Further details about the Pre-Tender Stage Health and Safety Plan can be found on CDM Information Sheet No 4.
The Health and Safety Plan During the Construction Phase
The health and safety plan should set out the arrangements for securing the health and safety of everyone carrying out the construction work and all others who may be affected by it.
It should deal with:
- the arrangements for the management of health and safety of the construction work;
- the monitoring systems for checking that the health and safety plan is being followed;
- health and safety risks to those at work, and others, arising from the construction work, and from other work in premises where construction work may be carried out.
Further details about the Health and Safety Plan during the construction phase can be found on CDM Information Sheet No 5.
The Health and Safety File
The planning supervisor is responsible for ensuring the health and safety file is prepared. Putting together the health and safety file is a task that should ideally be a continual process throughout the project and not left until the construction work is completed.
Further details about the Health and Safety File and what should be included within it can be found on CDM Information Sheet No 6.