{"id":989,"date":"2015-09-21T10:36:06","date_gmt":"2015-09-21T10:36:06","guid":{"rendered":"http:\/\/www.johngilbert.co.uk\/?p=989"},"modified":"2018-04-10T11:43:33","modified_gmt":"2018-04-10T11:43:33","slug":"health-safety-the-clients-role","status":"publish","type":"post","link":"https:\/\/www.johngilbert.co.uk\/?p=989","title":{"rendered":"Health &#038; Safety: the Clients&#8217; role"},"content":{"rendered":"<p class=\"p1\">Health and\u00a0safety in construction is governed by the Construction, Design and Management Regulations (CDM). The Construction Design and Management regulations were updated in 2015 (CDM2015) with new regulations coming into force on 6 April 2015. Under the CDM2015 regulations, the client has a number of legally binding duties and failure to undertake these duties can result in criminal\u00a0convictions. The following note outlines the main duties of a client in ensuring a safe building site.<\/p>\n<h1 class=\"p1\"><span class=\"s1\">What does CDM 2015 do? <\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">Complying with CDM 2015 will help ensure that no-one is harmed during the work, and that your building is safe to use and maintain while giving you good value. Effective planning will also help ensure that your work is well managed with fewer unexpected costs and problems. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">CDM 2015 applies to all building and construction work and includes new build, demolition, refurbishment, extensions, conversions, repair and maintenance. It applies to all sizes of project, equally. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">CDM 2015 became law on 6 April 2015 with every project commencing after that date requiring to comply with it. Those projects where a CDM coordinator was already appointed prior to 6 April 2015 have until 5 October 2015 to make the appropriate appointments. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">There are three main duty holders:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">The client ensures that the construction project is set up so that it is carried out from start to finish in a way that adequately controls the risks to the health and safety of those who may be affected. <\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">The principal designer manages health and safety in the pre-construction phase of a project. The role extends to the construction phase through the principal designer\u2019s duties to liaise with the principal contractor and ongoing design work. In most cases this role is expected to be the lead designer (such as the architect) but could be undertaken by another professional who has control of the design, or the client themselves.<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">The principal contractor manages the construction phase of a project. This involves liaising with the client and principal designer throughout the project, including during the pre-construction phase<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">Depending upon the nature of the project, the principal designer and principal contractor may be supported by designers, contractors and workers.<\/span><\/li>\n<\/ul>\n<h1 class=\"p1\"><span class=\"s1\">Appointment stage<\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">Where a project is likely to have more than one contractor involved (such as sub-contractors etc), the client must:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">Issue a written, project specific brief explaining what you want from the project<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">Appoint a principal designer (in writing). If the client does not appoint a principal designer, their duties automatically fall to the client.<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">Ensure the principal designer has skills, knowledge and experience suitable for the project through reviewing examples of similar, previous work or by inclusion of a specialist advisor in their team.<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">Ensure that the principal designer has adequate resources and time to complete their job<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">In practice every construction and refurbishment project is likely to need a principal designer and the client needs to appoint them in writing.<\/span><\/p>\n<hr \/>\n<p class=\"p4\"><em><span class=\"s1\" style=\"color: #d92030;\">John Gilbert Architects preference is to be principal designer on every project we are the lead consultant. This ensures a clear line of communication and responsibility.<\/span><\/em><\/p>\n<p class=\"p4\"><em><span class=\"s1\" style=\"color: #d92030;\">John Gilbert Architects is\u00a0suitably experienced to be principal designer on a wide range of projects, we are OHSAS:18001 accredited and our staff undertake regular health and safety training. We are building our internal expertise and where we are in any doubt, we employ a dedicated health and\u00a0safety professional as an advisor. A summary of our relevant experience and that of our appointed CDM advisor (where relevant) is available on request.<\/span><\/em><\/p>\n<p class=\"p5\"><em><span class=\"s1\" style=\"color: #d92030;\">We will provide you with a separate quote for our services as principal designer role which ensures adequate resources are available to undertake the work required. We ask that this quote is accepted in writing, if you wish to appoint us as principal designer.<\/span><\/em><\/p>\n<hr \/>\n<h1 class=\"p1\"><span class=\"s1\">Design stage <\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">The client must:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">check that the project team is adequately resourced<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">issue a project or client brief to the project team <\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">provide the project team been provided with information about the existing site or structure (pre-construction information)? <\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure all health and safety advice is project-specific<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure suitable arrangements in place to manage health and safety throughout the project<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure a schedule of the key activities for the project, has been produced<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">allow sufficient time to complete the key activities<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">where required, the client must submit an online F10 notification form to HSE to notify them of commencement of work<\/span><\/li>\n<\/ul>\n<p class=\"p4\"><span class=\"s1\">As principal designer, we will manage this process and report back to you at each stage on CDM issues. We include reporting and risk assessment within each design team meeting agenda and our internal processes. <\/span><\/p>\n<hr \/>\n<p class=\"p5\"><em><span class=\"s1\" style=\"color: #d92030;\">We can assist with information for the F10 notice and as principal designer we produce the pre-construction information document.<\/span><\/em><\/p>\n<hr \/>\n<h1 class=\"p1\"><span class=\"s1\">Appointing a principal contractor<\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">A principal contractor is required to plan, manage and coordinate the construction work. Appoint them as early as possible so they are involved in discussions with the principal designer about the work. Getting the right people for the right job means your contractors need to have the skills, knowledge and experience to identify, reduce and manage health and safety risks. This is also the case if they are a company (known as having \u2018organisational capability\u2019 for the job). <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The principal contractor must:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">prepare a construction phase plan that demonstrates how the work can be carried out safely<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">plan, manage, monitor and coordinate the work on site to manage the health and safety risks<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">keep the site secure<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">provide welfare facilities throughout the construction phase<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">provide site indiction for all site workers and visitors<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure workers are competent<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure plant and equipment is safe<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">enable communication and cooperation<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure first aid cover<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">liaise with the principal designer on any design issues or design changes<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">contribute to the health and safety file by contributing:<\/span>\n<ul>\n<li class=\"li2\"><span class=\"s1\"> description of the works, <\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">hazardous materials used or retained in the works, <\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">information on removal or dismantling of installed plant and equipment<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">health and safety information on maintenance or cleaning of structures<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">location of buried services such as cables or gas pipes<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">as-built drawings<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p class=\"p4\"><span class=\"s1\">It is advisable to ensure the duty to provide information for the health and safety file is contained within the main contract prelims. <\/span><\/p>\n<hr \/>\n<p class=\"p5\"><em><span class=\"s1\" style=\"color: #d92030;\">As principal designer we will take the contractor supplied information, produce the health and safety file and provide two paper copies for your records.<\/span><\/em><\/p>\n<hr \/>\n<h1 class=\"p1\"><span class=\"s1\">Notifying construction projects <\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">For some construction work (work lasting longer than 30 days with more than 20 workers working at the same time, or involving 500 person days of work), you need to notify HSE of the project as soon as possible before construction work starts. <\/span><\/p>\n<hr \/>\n<p class=\"p5\"><span class=\"s1\" style=\"color: #d92030;\"><em>As principal designer we can provide you with information to enable you to<span class=\"Apple-converted-space\">\u00a0 <\/span>fill in the F10 notification form.<\/em><\/span><\/p>\n<hr \/>\n<h1 class=\"p1\"><span class=\"s1\">Protecting members of the public, including your employees <\/span><\/h1>\n<p class=\"p3\"><span class=\"s1\">If you are an employer, or you have members of the public visiting your premises, you need to be sure that they are protected from the risks of construction work. Discuss with your designer and contractor how the construction work may affect the public, residents and your employees, eg you may have to re-route pedestrian access; make sure signs to your entrance are clear; or change the way your deliveries operate.<\/span><\/p>\n<h1 class=\"p1\"><span class=\"s1\">During construction<\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">A client must:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">ensure the construction phase plan is in place<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure welfare facilities are in place<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">ensure the arrangements for managing the project are working<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">check the principal contractor is carrying out their duties<\/span><\/li>\n<li class=\"li3\"><span class=\"s1\">check completion and handover arrangements<\/span><\/li>\n<\/ul>\n<h1 class=\"p1\"><span class=\"s1\">At completion<\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">A client must:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">check<span class=\"Apple-converted-space\">\u00a0 <\/span>the health and safety file has been prepared by the principal designer (or principal contractor if the principal designer&#8217;s role has finished)<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">keep the health and safety file available for future work on the structure, and for any new owners.<\/span><\/li>\n<\/ul>\n<hr \/>\n<p class=\"p5\"><span class=\"s1\" style=\"color: #d92030;\"><em>As Principal Designer we would produce the health and safety file and provide two paper copies for your records.<\/em><\/span><\/p>\n<hr \/>\n<h1 class=\"p1\"><span class=\"s1\">Keep the health and safety file <\/span><\/h1>\n<p class=\"p3\"><span class=\"s1\">At the end of the build the principal designer should give you a health and safety file. If the principal designer leaves before the end of the project, the principal contractor (or contractor if there is only one contractor) should do this. It is a record of useful information which will help you manage health and safety risks during any future maintenance, repair, construction work or demolition. You should keep the file, make it available to anyone who needs to alter or maintain the building, and update it if circumstances change. <\/span><\/p>\n<h1 class=\"p1\"><span class=\"s1\">More information<\/span><\/h1>\n<p class=\"p2\"><span class=\"s1\">For more information see:<\/span><\/p>\n<ul>\n<li class=\"li2\"><span class=\"s1\">The Health and Safety Executive&#8217;s website \u2013\u00a0<a href=\"http:\/\/www.hse.gov.uk\/construction\/index.htm\"><span class=\"s2\">http:\/\/www.hse.gov.uk\/construction\/index.htm<\/span><\/a><\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">CITB publish excellent guidance for free \u2013\u00a0<a href=\"http:\/\/tinyurl.com\/nfc3uob\"><span class=\"s2\">http:\/\/tinyurl.com\/nfc3uob<\/span><\/a><\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">This briefing note was prepared with the assistance of <a href=\"http:\/\/www.cdmscotland.co.uk\/\" target=\"_blank\">CDM Scotland.<\/a> <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The information in this document was correct at the time of going to press on 24\u00a0September 2015. While every effort has been made to ensure that the information contained within this document is accurate, John Gilbert Architects makes no warranty, representation or undertaking whether expressed or implied, nor does it assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Health and\u00a0safety in construction is governed by the Construction, Design and Management Regulations (CDM). The Construction Design and Management regulations were updated in 2015 (CDM2015) with new regulations coming into force on 6 April 2015. Under the CDM2015 regulations, the client has a number of&#8230;<\/p>\n","protected":false},"author":1,"featured_media":860,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"footnotes":"","_jetpack_memberships_contains_paid_content":false,"jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[195,4],"tags":[],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.johngilbert.co.uk\/wp-content\/uploads\/2014\/12\/HealthSafety.jpg","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6jtOT-fX","_links":{"self":[{"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/989"}],"collection":[{"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=989"}],"version-history":[{"count":9,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/989\/revisions"}],"predecessor-version":[{"id":15865,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/989\/revisions\/15865"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=\/wp\/v2\/media\/860"}],"wp:attachment":[{"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=989"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=989"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.johngilbert.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=989"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}