Clients Questions
Why carry out an inspection?
Do I need a SWMP for this project?
How should a risk assessment be structured?
How should a method statement be structured?
What are the benefits of having a SWMP?
How do I know which asbestos survey I need?
Can a person or organisation discharge more than a one CDM 2007 duty?
As a client, do I have to provide information about asbestos which may be present in the structure?
Do the CDM 2007 Regulations apply to projects with a domestic client?
Do I have to notify a project which is for a domestic client and which lasts more than 30 days, or more than 500 person days of work?
Do projects with a domestic client and which last longer than 30 days, or 500 person days of construction work, require a CDM co-ordinator, a principal contractor a written construction phase plan, and a health and safety file?
Does CDM 2007 apply to a management company owned by the residents/homeowners of a block of flats?
As a client, what do I have to do to comply with regulation 9 of the CDM 2007 Regulations?
As a client, what should I be looking for as suitable arrangements for managing the project?
Does this mean clients carrying out detailed checks, and getting involved in the construction work itself?
What about larger projects? Surely these are too complex for clients to know what is needed?
Can a client still appoint a ‘client’s agent’?
Does this mean a client can no longer appoint someone else to meet the client’s duties on their behalf?
As a client, do I still have to provide information about the site to contractors who I am thinking of appointing to carry out the work?
Answers
Health & safety inspections are an important monitoring tool to ensure that hazards remain controlled and that employees and others are not at risk. They should be carried out regularly by both internal and external staff.
For more information, please visit our ‘Audit’ information under ‘H&S Management’
Do I need a SWMP for this project?
The Site Waste Management Plans Regulations 2008, apply to any construction project above £300,000. A basic Site Waste Management Plan (SWMP) must be produced for projects costing above £300,000 up to £500,000. A detailed SWMP must be produced for projects costing above £500,000. Clients and Principal Contractors both have legal duties under the regulations.
For more information please visit our ‘Demolition’ information under ‘Construction’
How should a risk assessment be structured?
As with method statements, there is no set layout for a risk assessment, however they should be written clearly to enable those doing the work to fully understand the details of the job. There is certain content which should be included.
RFS can help you carry out and/or complete these documents, contact us to discuss your project needs and requirements
How should a method statement be structured?
As with risk assessments, there is no set layout for a method statement, however they should be written clearly to enable those doing the work to fully understand the details of the job. There is certain content which should be included.
RFS can help you carry out and/or complete these documents, contact us to discuss your project needs and requirements
What are the benefits of having a SWMP?
The benefits of SWMPs include;
- Ensuring legal obligations are met avoiding potential cost penalties on the Client and Principal Contractor;
- Saving the Client money by helping them to manage site materials more effectively and encouraging waste minimisation through the pre-design, design and procurement stages of a project, cutting expensive landfill disposal costs;
- Helping measure levels of resource efficiency and waste management;
- Contributing to improving the organisations environmental performance.
How do I know which asbestos survey I need?
The type of survey will vary during the lifespan of the premises and several may be needed over time. A management survey will be required during the normal occupation and use of the building to ensure continued management of the ACMs. A refurbishment or demolition survey will be necessary when the building (or part of it) is to be upgraded, refurbished or demolished. It is probable that at larger premises a mixture of survey types will be appropriate, eg a boiler house due for demolition will require a refurbishment or demolition survey, while offices at the same site would have a management survey. In later years refurbishment surveys may be required in rooms or floors which are being upgraded. In sectors where there are large numbers of properties (eg domestic houses) or internal units (eg hotels), only particular rooms may be specified for upgrading, eg kitchens, bathrooms and bedrooms. Refurbishment surveys would only be necessary in these locations.
Can a person or organisation discharge more than a one CDM 2007 duty?
Yes, an individual or company can discharge more than one CDM 2007 function provided they have the appropriate level of competence. It is not necessary for individuals or companies with CDM 2007 duties to be independent of one another. For example, clients may decide to discharge the coordination duties themselves or they may appoint the lead designer as the co-ordinator. It is possible for all the duties to be discharged by the same company.
As a client, do I have to provide information about asbestos which may be present in the structure?
Yes. You must provide this information so that those planning or bidding for the work can allocate resources for the control of asbestos. You should already hold information about the presence or otherwise of asbestos, but if you have no information, then you should arrange for a comprehensive asbestos survey (commonly referred to as a demolition and refurbishment survey) to be carried out by a competent person. This is particularly important where the project involves demolition. It is not acceptable, for example, to inform others that ‘…there may be asbestos present on the site’. You must carry out a survey that identifies whether asbestos is present, and if so, where it is situated and what type it is.
Do the CDM 2007 Regulations apply to projects with a domestic client?
Parts 1, 2, 4 and 5 of the Regulations apply to projects for a domestic client, but the domestic client has no duties. This is because domestic clients do not fall within the definition of a ‘client’ in Regulation 2(1).
Do I have to notify a project which is for a domestic client and which lasts more than 30 days, or more than 500 person days of work?
No. This is because Part 3 of the Regulations does not apply to projects carried out for a domestic client, so there is no requirement to notify the project.
Do projects with a domestic client and which last longer than 30 days, or 500 person days of construction work, require a CDM co-ordinator, a principal contractor a written construction phase plan, and a health and safety file?
No. This is because a domestic client is not a ‘client’ as defined by the Regulations, and Part 3 of the Regulations does not apply to projects where there is a domestic client.
Does CDM 2007 apply to a management company owned by the residents/homeowners of a block of flats?
Yes. The management company is a business (whether for profit or not) and is classed as the client. All parts of the Regulations will apply where relevant.
As a client, what do I have to do to comply with regulation 9 of the CDM 2007 Regulations?
You need to make sure that:
- Designers, contractors and other team members that you engage are competent, are adequately resourced and appointed early enough for the work they have to do.
- You allow sufficient time for each stage of the project, from concept onwards.
- You co-operate with others concerned in the project to allow other duty holders to comply with their duties under the Regulations.
- You co-ordinate your own work with others involved with the project in order to ensure the safety of those carrying out the construction work, and others who may be affected by it.
- There are suitable management arrangements in place throughout the project to ensure that the construction work can be carried out, safely and without risk to health. (This does not mean managing the work yourself, as it is unlikely that clients have the expertise and resources needed, and it can cause confusion).
- Your contractors have made arrangements for suitable welfare facilities to be provided from the start and throughout the construction phase.
- Any fixed workplaces (e.g. offices, shops, factories, schools) which are to be constructed will comply, in respect of their design and the materials used, with any requirements of the Workplace (Health, Safety and Welfare) Regulations 1992.
- Relevant information likely to be needed by designers, contractors or others to plan and manage their work is passed to them.
As a client, what should I be looking for as suitable arrangements for managing the project?
You will need suitable arrangements to ensure:
- Clarity of roles, functions and responsibilities for members of the project team, so everyone knows who does what.
- Those appointed by you have sufficient time and resource to comply with their duties.
- There is good communication, co-ordination and co-operation between members of the project team (e.g. between designers and contractors);
- Your designers are able to confirm that their designs (and any design changes) have taken account of the requirements of regulation 11 of CDM 2007 (Designers duties), and that the different design elements will work together in a way which does not create risks to the health and safety of those constructing, using or maintaining the structure;
- Your contractors are provided with the pre-construction information;
- Your contractor is able to confirm that health and safety standards on site will be controlled and monitored, and that welfare facilities will be provided for the duration of the construction phase.
Does this mean clients carrying out detailed checks, and getting involved in the construction work itself?
No. Health and safety on site is a matter for the contractor, and the duty to reduce risks through design is a duty of the designer. Clients simply have to ensure that the initial project management arrangements which have been made are maintained. This can be achieved by seeking assurance from the designer and contractor. For a non-notifiable job, simple enquires will be enough to check that the arrangements are in place to ensure that:
- There is adequate protection for the client’s workers and/or members of the public; if appropriate for the project.
- Adequate welfare facilities have been provided by the contractor.
- There is good ongoing co-operation and communication between designers and contractors.
- The management arrangements for the project which the contractor agreed to make to control key risks on site have been implemented.
What about larger projects? Surely these are too complex for clients to know what is needed?
For projects lasting longer than 30 days or involving more than 500 person days of construction work, clients must appoint a CDM co-ordinator. Their primary function is to advise the client. The CDM co-ordinator will be able to advise the client on the appointment of competent duty holders; assessing the adequacy of other team members’ management arrangements for the project and assessing the adequacy of the health and safety plan. The client is entitled to rely on the advice of the CDM co-ordinator when making their judgements.
Can a client still appoint a ‘client’s agent’?
No. Under CDM 1994 clients could appoint a ‘client’s agent’ who would take on the duties and liabilities of the client. Under the new CDM 2007 Regulations clients can still engage someone to carry out their client duties on their behalf, but onus for compliance with the Regulations stays with the client. This is the same as for any other health and safety regulation. However if a client’s agent has already been appointed under the CDM 1994 then, if both parties agree, he/she may continue to act as client’s agent for that project until the project comes to an end, the appointment is revoked, or five years after the introduction of the new CDM 2007 Regulations, whichever comes first.
Does this mean a client can no longer appoint someone else to meet the client’s duties on their behalf?
No. A client can still ask someone else to manage the construction work on their behalf and meet their duties as a client, but the client still remains liable for meeting the client duties. This is the same situation that applies to any other health and safety responsibility.
As a client, do I still have to provide information about the site to contractors who I am thinking of appointing to carry out the work?
Yes. You need to provide those bidding for the work (or those who are preparing to carry out the work) with relevant information, in your possession or with information that can be obtained by sensible enquiries, including surveys and other investigations where necessary. This allows those bidding or preparing for the work to consider these hazards when making their bids or plans, and allows them to allocate resources to control the risks that will arise from these hazards. The level of detail of the information should be proportionate to the risks involved in the project.
