CDM 2007 Training Package Session 2 - Clients

1. CDM 2007 Training PackageSession 2 - Clients Version: September 07

2. Definition of client under CDM • A client is an individual or organisation who in the course or furtherance of a business, has a construction project carried out by another or by himself • This excludes domestic clients from the definition, but not necessarily domestic premises CDM 2007 Clients – Slide 2

3. Definition of client - domestic client • A domestic client is someone who lives, or will live, in the premises where the work is carried out • The CDM client duties will still apply to domestic premises if the client is a: • local authority • landlord • housing association • charity • collective of leaseholders • or any other trade, business or undertaking (whether for profit or not) CDM 2007 Clients – Slide 3

4. Definition of client – insurance companies • If an insurance company (or their agent) arranges construction work under an insurance policy or warranty then they are the client for the purpose of CDM 2007 • If the insurance company pays the cost of the work, but the work is arranged by the insured, then the insured is deemed to be the client under CDM 2007 • If this is a domestic client then they attract no client duties under CDM CDM 2007 Clients – Slide 4

5. Definition of client – PFI, PPP etc • The project originators are the client at the start of the project until such times as the special purpose vehicle has been set up and has assumed the role of client • The advice of the CDM co-ordinator may be essential in selecting a suitable PFI provider CDM 2007 Clients – Slide 5

6. Definition of client – election by client • Where there are a number of clients for a project they can elect one or more of those clients to be treated as the only client(s) • Must be agreed in writing • Not able to appoint a client’s agent as in CDM 94 CDM 2007 Clients – Slide 6

7. Role of clients under CDM 2007 (1) • CDM 2007 recognises the influence that clients can have over the health and safety of their project • They do not in the main confer new duties on the client • make explicit existing duties under the old CDM regulations as well as MHSW and HSWA • clarify how those duties should be exercised on their construction project CDM 2007 Clients – Slide 7

8. Role of clients under CDM 2007 (2) • Make clients accountable for the impact they have on health and safety • Clients should make sure things are done, not do them themselves • To use a CDM co-ordinator to advise and co-ordinate activities on notifiable projects • To ensure enough time and resource is provided to allow the project to be delivered safely CDM 2007 Clients – Slide 8

9. Duties on clients – all projects (1) • Check competence and resources of those they appoint (new ACOP competence criteria) • Allow sufficient time and resources • Provide key information to designers and contractors - it is for the clients to arrange for any gaps in information to be filled e.g. commissioning an asbestos survey • Ensure that all those involved in the work co-operate and co-ordinate their activities • The focus should be on establishing a competent project team early on which fosters a culture of co-operation and integration CDM 2007 Clients – Slide 9

10. Duties on clients – all projects (2) • Ensure suitable management arrangements are in place • Type and level of checks needed depends on the work being undertaken and the risks involved • Ensure adequate welfare facilities are on site • Ensure workplaces are designed correctly • a design for a workplace should comply with Workplace (Health, Safety & Welfare) Regulations 1992 CDM 2007 Clients – Slide 10

11. Duties on clients – notifiable projects (1) • Appoint competent CDM co-ordinator • Provide CDM co-ordinator with key information • Appoint a competent principal contractor • Ensure the construction phase does not start unless there is • Suitable welfare facilities provided • Construction phase health and safety plan • Retain and provide access to the health and safety file and revise it with any new information CDM 2007 Clients – Slide 11

12. Duties on clients – notifiable projects (2) • The health and safety file is a record of useful information and will help in managing health and safety risks in future maintenance, repair, construction or demolition work • For notifiable projects where no CDM co-ordinator or principal contractor is appointed then the client will be deemed to be the CDM co-ordinator & / or principal contractor and subject to their duties CDM 2007 Clients – Slide 12

13. Duties on clients - Competence • Guidance is given in the ACoP on competence (see also CDM Training Session 7) • Can use a third party competence assessment scheme eg CHAS, National Britannia, if it uses the core criteria as a basis for assessment • Small contractors should keep it simple and straightforward and show they meet the criteria without extensive paperwork CDM 2007 Clients – Slide 13

14. Duties on clients – Management arrangements (1) • Management arrangements should be proportionate to the complexity of the project and risks involved • As will the type and level of checks needed by the client • Clients and CDM co-ordinators are not required to audit or supervise work on site • Assistance from the competent person appointed under the Management of Health and Safety at Work Regulations 1999 may be sufficient for simple work • For notifiable projects, the client should be able to rely on a competent CDM co-ordinator Manage the risk, not the paperwork CDM 2007 Clients – Slide 14

15. Duties on clients – management arrangements (2) • Clients can ask their project team or contractors to explain their management arrangements and give examples of how they are going to manage issues • Where contractors employ less than five people, an oral briefing could be given to demonstrate management arrangements • HSE do not expect small firms to get everything in writing, just seek sufficient assurance that the key duties are being followed CDM 2007 Clients – Slide 15

16. Duties on clients – management arrangements (3) • Simple checks by the client include: • Checking that there is adequate protection for your workers and public • Checking adequate welfare facilities been provided by your contractor • Checking good co-operation and communication between your designers and contractors • Asking for confirmation that the arrangements your contractor agreed to make have been implemented CDM 2007 Clients – Slide 16

17. Duties on clients – management arrangements (4) • If the Client makes a reasonable judgement that the contractor’s management arrangements are suitable, taking account of the nature and risks of the project; and it is clearly based on evidence; clients will not be criticised if the arrangements subsequently prove to be inadequate or fail to be implemented without the client’s knowledge CDM 2007 Clients – Slide 17

18. Clients – Key messages • If you are having building work done, then unless you are a domestic client, you have duties under CDM • By choosing the right people for the job and appointing them early, your team can make sure that your project is safe to build, safe to use, safe to maintain and deliver you good value • Invest in your team, not in paper. Give them enough time and resource and you will get the building you want, when you want it and on budget CDM 2007 Clients – Slide 18