Construction (Design & Management)

Regulations (Northern Ireland) 2016

Andrew Cooke – SHE Director - GRAHAM

CDM (NI) 2016

Objectives

• Introduction

• Transitional arrangements

• Existing arrangements – nothing new?

• Differences

• Questions

� Records dating from 1778

� Based in Dromore since 1878

� Moved to new custom built HQ

in December 2009

� Family owned firm

� Turnover >£520M

� Employ over 5,000 persons in 5

countries

� Working under CDM since April

2015

CDM (NI) 2016 - Introduction to GRAHAM

GRAHAM Headquarters, Hillsborough

CDM (NI) 2016 – GRAHAM Locations

CDM (NI) 2016 - timeline

• Original intent for CDM to come into force April 2014;

• HSE delayed summer 2013 consultation.

• HSE published consultation document - started 31 March 2014, ended 6 June 2014.

• HSE executive board publish findings from consultation – 13 August 2014.

• HSE publish draft “guidance” document – 9 January 2015.

• HSE publish CDM Regulations 2015 – 29 January 2015.

• CDM Regulations 2015 came into force on 6 April 2015.

• Minor transitional arrangements in place until 6 October 2015

• Now fully in place in GB

• HSENI consultation opened on 14 December 2014

• Consultation closed 23 March 2015

• Stakeholder Meeting 15 June 2015

• Summary of responses published mid 2015

• Regs in place from 1st August 2016

• Transition period ends 1st August 217

Transition arrangements - CDM (NI) 2016

• CDM2016 comes into force and will apply to ALL construction projects in NI from 1st

August 2016.

• There is a 12 month transition phase for the CDMC to PD in certain circumstances (was 6

months in GB).

• Transition rules are explained in Regulation 37, Schedule 5, and the interpretation under

Regulation 2 of CDM (NI) 2016.

• Transition period and rules apply to “relevant projects” which are defined as projects

which began before 1st August 2016.

• A project is further defined as one which “includes or is intended to include construction

work and includes all planning, design, management or other work involved in a project

until the end of the construction phase”

Transition arrangements - CDM (NI) 2016

Simple rules

• For projects currently running which will finish before 1st August

2016, there is no change to current regulations and compliance with

CDM (NI) 2007.

• For projects starting after 1st August 2016, where there is more

than one contractor, or if it is reasonably foreseeable that more

than one contractor will be working on a project at any time, the

Client must appoint a Principal Designer (not a CDMC) and Principal

Contractor as soon as is practicable.

Transition arrangements - CDM (NI) 2016

Other rules

For projects that straddle the 1st August 2016 date the following rules apply:-

� If started with no PC (under 07 notification threshold), therefore no CDMC,

and foreseeably will have more than one contractor => shall appoint a PC (or

Client assumes duties); may appoint a PD (if not PC assumes PD duties).

� If started with CDMC in place => CDMC continues until PD appointed or project

ends (if before 1st August 2017)

� If started and only one contractor => contractor must draw up a CPP ASAP

after 1st August 2016

� Not started but due to start before 1st August 2016 with more than one

contractor but no CDMC appointed => must appoint PD ASAP after 1st August

2016

� PC appointed under 07 Regs deemed as appointed under 16 Regs after 1st

August 2016

CDM (NI) 2016 – existing arrangements

Nothing new???

CDM (NI) 2016

CDM (NI) 2016 – H&S legislation dates

1802 - Factory Act 1802 - This is the first Act of the Parliament

in the UK intended to protect the welfare of people at work.

1833 - HM Factory Inspectorate formed

1922 - First safety group established in Sheffield.

1941 - Formation of (RoSPA)

1961 - Factories Act 1961

1974 - Health and Safety at Work etc. Act 1974

1975 - 1 January 1975 – Health and Safety Executive formed

1994 – Construction (Design and Management) Regulations

CDM (NI) 2016 – H&S legislation dates

2000 - ‘Revitalising health and safety strategy’ launched

2007 - The Corporate Manslaughter and Corporate Homicide Act

2007 - Construction (Design and Management) Regulations

2010 - Lord Young’s review of health and safety is published

2011 - Lőfstedt report published

2012 - Fee for Intervention (FFI)

2015 - CDM 2015

2016 - CDM (NI) 2016

CDM (NI) 2016 – earliest legislation?

Deuteronomy Ch22 v8

“When you build a new house, you shall make a

parapet for your roof, that you may not bring the

guilt of blood upon your house, if anyone should

fall from it!”

English Standard Version

CDM (NI) 2016 – existing arrangements

Common sense???

• Safe access to site and around site

• Safe space to work in

• Sites kept tidy

• Timber de-nailed [Reg 18(3)]

• Demolition/ dismantling should be planned & recorded in writing

• Excavations should not collapse, sides should not fall in, persons

should not be buried.

• Persons and/or plant & equipment , and/or material should not

fall in

CDM (NI) 2016 – existing arrangements

Common sense???

• Energy installations should be safe, checked and indicated

• Plant and pedestrians should be segregated

• Emergency procedures should be in place and TESTED

• Fire fighting , detection and alarm systems should be in place

• Sufficient light should be provided

Overview of CDM (NI) 2016

Other documented requirements

• Must co-operate with adjoining sites [Reg 8(4)]

• Report near miss / observation situations [Reg 8(5)]

• Information must be understandable (even in other languages)

• Designers could be QS etc [modify designs]

• PCs do not have to do detailed supervision of contractors work [L153 para 128]?

CDM (NI) 2016 – differences from CDM 2015

Differences

• Regulation 21 (GB) relates to explosives – “they should be

stored, transported and used safely!!”

• Regulation 35 [NI 2016] relates to civil liability

• Schedule 1 [NI 2016] relates to area defined.

CDM (NI) 2016

QUESTIONS

THANK YOU