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

    CDM REGULATIONS 2015: TOUGH TIME FOR DESIGNERS

    HSE proposals for revision will result in more ‘absolute’ designer duty

    IMPORTANT UPDATE JANUARY 2015: Regulations now published

    The consultation document on proposals to revise CDM Regulations 2007 has received much attention as regards plans to abolish the CDM Coordinator role and apply duties to ‘domestic’ clients e.g. home owners procuring construction work.

    The proposals regarding those businesses etc. defined as ‘designers’ have attracted very little comment. The Consultative document states:

    “the proposals retain explicit duties on designers since their role is crucial in considering and reducing risks during project design and beyond”

    There is no suggestion in the Consultative Document that designer responsibilities may have been tightened or changed in any significant manner.

    Current designer duty heavily qualified

    The main legal responsibility of designers under CDM 2007 requires that designers seek to avoid foreseeable risk during design, stating:

    “every designer shall in preparing or modifying a design which may be used in construction work in Great Britain avoid foreseeable risks to the health and safety of any person – (a) carrying out construction work; (b) liable to be affected by such construction work; (c) cleaning any window or any transparent or translucent wall, ceiling or roof in or on a structure; (d) maintaining the permanent fixtures and fittings of a structure; or (e) using a structure designed as a workplace.”

    The Regulations and current Approved Code qualify, in two ways, the extent to which designers must seek to avoid such risk by adding:

    “The duties…..shall be performed so far as is reasonably practicable, taking due account of other relevant design considerations.”

    The qualification “so far as is reasonably practicable” is widely used throughout H&S legislation. However, the ability of design practices to “take due account of other relevant design considerations” is an additional and wide-ranging qualification to the duty which permits consideration of cost and aesthetics etc. The current approved code explains further at para 124:

    “designers have to weigh many factors as they prepare their designs. Health and safety considerations have to be weighed alongside other considerations, including cost, fitness for purpose, aesthetics, buildability, maintainability and environmental impact. CDM2007 allows designers to take due account of other relevant design considerations (bold added). The Regulations do not prescribe design outcomes, but they do require designers to weigh the various factors and reach reasoned, professional decisions”

    Proposed designer duty more absolute

    The current proposals revise the designer risk avoidance duty as follows:

    “when preparing, or modifying a design the designer must take into account the general principles of prevention and any pre-construction information to eliminate, so far as is reasonably practicable, foreseeable risks to the health and safety of any person ….”

    The qualification “taking due account of other relevant design considerations” has therefore been deleted from the proposals. This has the effect of making the designer duty far more onerous.

    Anecdotal evidence suggests that HSE are adopting a more proactive and enforcement led stance in promoting safety through design. If and when the new duty comes into effect the regulator will have a much more powerful statute with which to pursue such objectives.

    It is surprising that the proposed change has attracted so little attention from the design community.

    Useful links

    Latest Construction Health and Safety News

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    HSE ENFORCEMENT WEEKLY UPDATE 19th SEPT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

    Read the rest of this article »

    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

    Read the rest of this article »

    Posted on 8th September 2018

    RISK ASSESSED PRECAUTIONS NOT IMPLEMENTED

    Action not paperwork essential to prevent fall during lifting operation

    Read the rest of this article »

    Posted on 7th September 2018

    CROSSRAIL PUBLISH BEST PRACTICE H&S GUIDES

    Sharing major project best practice can leave a lasting legacy

    Read the rest of this article »

    Posted on 5th September 2018

    SCHOOL STAFF LACKED ASBESTOS AWARENESS TRAINING

    Council fined £200k over asbestos flue and gasket rope failures

    Read the rest of this article »

    Posted on 5th September 2018

    INCIDENT: MEWP OVERTURN IN CITY CENTRE

    Images show aftermath of mobile elevating platform collapse

    Read the rest of this article »

    Posted on 5th September 2018

    SAFETY ALERT: DEFECTIVE SCAFFOLD COUPLER

    National Access and Scaffolding Confederation issues warning

    Read the rest of this article »

    Posted on 31st August 2018

    DEMOLISHING INTERNAL WALL REVEALED ASBESTOS

    Firm lacked survey and asbestos management plan for premises

    Read the rest of this article »

    Posted on 31st August 2018

    NEW HEALTH AND SAFETY TEST FOR ARCHITECTS

    RIBA raise the bar for members on design risk management and ‘life safety’

    Read the rest of this article »

    Posted on 31st August 2018

    POWER BUSINESSES FAILED ON LIFTING OPERATION

    Panel fell on workman during turbine maintenance project

    Read the rest of this article »

    Posted on 31st August 2018

    MAJOR INFRASTRUCTURE FIRM COMMITS TO ZERO HARM

    Behaviours to deliver zero lost time injury incident rate by 2021

    Read the rest of this article »

    Posted on 31st August 2018

    MANAGING TOWER CRANE FALLING OBJECT RISK

    CPA issues new technical information note

    Read the rest of this article »

    Posted on 31st August 2018

    POST EXPLOSION ASBESTOS WORK WAS UNSAFE

    Asbestos cement panels removed and cut with power tools

    Read the rest of this article »

    Posted on 31st August 2018

    FALL THROUGH UNFLOORED FACTORY ROOF SPACE

    Non-routine tasks require assessment and clear risk controls

    Read the rest of this article »

    Posted on 31st August 2018

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic