Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    THE ABC&D OF CLIENT CDM DUTIES

    CDM clients must wake up and smell the coffee in 2010

    Philip Poynter has argued for a return to basics in considering CDM 2007 duties using the ABC&D format to explain the essence of Coordinator Duties and Designers Duties.

    He now goes on to examine the role of the client through the ABC&D of Client Duties under CDM 2007. 

     

    Client must take control under CDM 2007

    A central aim of CDM 2007 was to place clients at the heart of construction project safety.

    Many perceptive and forward thinking clients have taken up the challenge and now proactively drive forward a positive project H&S culture and high quality safety management processes.

    However, such clients are still out numbered by clients big/small/public/private who have yet to wake up and smell the coffee. CDM 2007 provides a framework for managing human risks effectively and in the same way other aspects of a business are handled.

    There is also now no choice in the matter. The project client has a strict duty to check, maintain and review project management arrangements throughout the life of the project.

    This was a significant departure from the requirements under CDM 94, yet many clients do not fully understand what is required and the consequences of failing to act. 

    Financial, reputational and legal risk

    It is likely that 2010 will see the first sentencing of a company under the Corporate Manslaughter Act 2007 (CMCH Act). The case will involve a smaller contracting organisation.

    We can also expect during the next 2-3 years that Police and HSE will conclude investigations where larger client organisations are prosecuted under the CMCH Act with significant financial and reputational damage.

    In addition, over the same period there is likely to be an increasing number of client prosecutions under CDM 2007 as regulators increase enforcement of client duties and cases proceed through the judicial system.

    Finally, the Government is shortly due to respond to the recent Inquiry into Construction Fatalities. The Inquiry report called for additional legal duties on directors including those in client organisations. 

    So, what should clients, large and small, do to avoid these risks and meet their legal obligations?

    Once again, it is simple as ABC&D.

    ABC&D of Client duties

    Appointments and Arrangements: make the required statutory appointments and project management arrangements. 

    • appoint a project CDM-Coordinator (CDM-C) at a very early stage and subsequently appoint a Principal Contractor (PC);
    • check your arrangements for managing the project and those of all others and;
    • maintain and review those management arrangements throughout the project.

    Remember, without other appointments the project client is the default CDM-C and PC with the commensurate CDM duties.

    Background Information: provide the defined pre-construction information to the CDM-C and others, including details from any relevant existing health and safety file.

    Competence: implement procedures to check the CDM competence of all those engaged or appointed. Also, clients must coordinate with others whilst giving and seeking their cooperation to enable compliance with their duties.

    Deadlines: allow time for contractor planning and preparation and be satisifed about the project safety plan before work starts on site.

    • specify the minimum time before the construction phase, allowed to appointed contractors, to plan and prepare for the construction work and;
    • take steps to ensure the construction phase does not start until welfare facilities and a compliant construction phase plan are in place.

    Conclusions

    These are the clear legal requirements placed on constuction project clients. The good news is that clients must appoint a CDM-C whose duty it is to advise and assist the client on all these matters. 

    An authoritative and active CDM-C will add value to a project and provide the client with an ‘insurance policy’ against financial, reputational and legal risks.  

    Positive action on the ADC&D of client duties can produce the improved well being of construction workers; a better quality product; reduced costs and more timely delivery of the project.

    It will also have the advantage of keeping the client organisation and directors out of the Crown Court.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT DATABASE LATEST UPDATE

    hselogo1View current online register of HSE prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 21st August 2019

    FALL PRECAUTIONS FELL BETWEEN TWO FIRMS

    Contractors fined after workers at risk of falling from roof

    Read the rest of this article »

    Posted on 9th August 2019

    SOLAR PANEL FIRM AWARE OF FRAGILE ROOF RISK

    Workman suffered long-term injuries in 4m fall through rooflight

    Read the rest of this article »

    Posted on 9th August 2019

    HSE PROSECUTE FIRM OVER RISK NOT HARM

    Multiple safety failings land construction company in court

    Read the rest of this article »

    Posted on 9th August 2019

    CLIENT AND CONTRACTOR FACED COURT TOGETHER

    Firms breached joint duty to plan and carry our work at height safely

    Read the rest of this article »

    Posted on 6th August 2019

    £1M FINE OVER DEATH CAUSED BY EXCAVATOR

    Vehicle driver found guilty at trial alongside CDM Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2019

    CHILD DIED WHILST PLAYING ON POWERED GATE

    Lack of end stop caused gate to fall on 6 year old boy

    Read the rest of this article »

    Posted on 6th August 2019

    HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019

    AIF National Working at Height Conference November 2019

    Read the rest of this article »

    Posted on 6th August 2019

    UK CLIENT FINED OVER UNSAFE OVERSEAS FIRM

    Italian contractor found guilty despite failure to attend court

    Read the rest of this article »

    Posted on 6th August 2019

    COMPLETE FAILURE TO RECOGNISE HAVS RISK

    Specialist drilling company and director sentenced over HAVS danger

    Read the rest of this article »

    Posted on 6th August 2019

    PC AND TWO OTHERS FAILED TO ASSESS WIND EFFECT

    Fall of director from roof caused by ‘Storm Doris’ gust

    Read the rest of this article »

    Posted on 30th July 2019

    MAJOR FIRM FINED £400k OVER LIFTING OPERATION

    Fitter loses four fingers as load slides and falls to the ground

    Read the rest of this article »

    Posted on 28th July 2019

    NEW HOMES LEFT IN DANGEROUS CONDITION

    Fined for unsafe gas work causing fires at housing development

    Read the rest of this article »

    Posted on 28th July 2019

    FIRM FINED £1M OVER EXPLOSION DURING CLEANING

    Tank cleaning operation caused burns as flammable vapours ignited

    Read the rest of this article »

    Posted on 25th July 2019

    YOUNG BRICKLAYER FELL THROUGH OPEN STAIRWAY

    Firm fined over failure to install fall protection around opening

    Read the rest of this article »

    Posted on 25th July 2019

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 23rd July 2019

    FLAT ROOF FAILED UNDER WEIGHT OF WORKMAN

    Confusion over fragility proves costly for worker and business

    Read the rest of this article »

    Posted on 23rd July 2019

    PROPERTY FIRM FINED OVER FATAL FALL FROM TREE

    Untrained workers using chain saw engaged to fell large sycamore

    Read the rest of this article »

    Posted on 23rd July 2019

    LANDLORD PUT PUBLIC AT RISK FROM ASBESTOS

    Powered jet washing of asbestos cement sheets caused spread

    Read the rest of this article »

    Posted on 23rd July 2019

    WORKMAN FELL FROM SUSPENDED ACCESS EQUIPMENT

    Health Board and maintenance firm director prosecuted

    Read the rest of this article »

    Posted on 23rd July 2019

    CONSIDERING TEMP WORKS IN PERMANENT DESIGN

    Useful overview for civil and structural engineers on contemporary practice

    Read the rest of this article »

    Posted on 23rd July 2019

    FIRM FAILED TO COMPLY WITH SITE WELFARE NOTICE

    Basic welfare requirements found wanting for second time

    Read the rest of this article »

    Posted on 23rd July 2019

    PRISON TERM OVER POORLY GUARDED CIRCULAR SAW

    Workman lost three fingers using machine without guard and riving knife

    Read the rest of this article »

    Posted on 23rd July 2019

    COMPANY IGNORED HSE ON SILICA DUST ACTION

    Worktop manufacturer failed to control dust and manage ventilation

    Read the rest of this article »

    Posted on 23rd July 2019

    ASBESTOS REMOVED WITHOUT SURVEY OR CONTROLS

    Client fined over failure to commission refurb and demo survey

    Read the rest of this article »

    Posted on 15th July 2019
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    4 Responses to “THE ABC&D OF CLIENT CDM DUTIES”

    1. REVIEW OF CDM REGULATIONS RESEARCH FINDINGS | PP Construction Safety News Desk Says:

      […] done to spread understanding across industry generally (they reported that two thirds of occasional clients are unaware of CDM 2007, for example). This matches the main findings of the Frontline research […]

    2. HSE REVISITS UNSUCCESSFUL STRATEGY FOR SMALLER PROJECTS | PP Construction Safety News Desk Says:

      […] It will be very surprising if CONIAC members do not call for an approach which places the client for smaller projects at the heart of the […]

    3. HEFTY COST FOR THREE WEEKS OF CONTRACTOR FAILURE | PP Construction Safety News Desk Says:

      […] client for such work has clear duties to select competent contractors and make arrangements for managing the project which ensure the […]

    4. CLIENT GUIDANCE | PP Construction Safety News Desk Says:

      […] ABC&D of Client CDM duties – PPCS […]