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Building Design and Consultancy

CDM

Construction (Design and Management) Regulations 1994. (CDM Regulations).

1). The Construction (Design and Management Regulations) 1994 place a duty upon clients, clients agents, designers and contractors to consider health and safety so that it is taken into account and then coordinated and managed effectively throughout all stages of a construction project: from conception, design and planning through to the execution of the works on site and subsequent use maintenance and repair.

2). It is a legal requirement under the above act for the client and any contractor to notify the Health and Safety Executive of any proposed building works prior to their commencement.

3). The principle contractor should take account of the specific requirements of a project when preparing and presenting tenders or similar documents, take over and develop the health and safety plan, coordinate the activities of all contractors and subcontractors and ensure they comply with relevant health and safety legislation and with the developed health and safety plan. Principle contractors also have duties in relation to provision of information, training and consultation with employees including the self employed.

4). For the purpose of the CDM Regulations [ REGULATION 2] a project is notifiable to the Health and Safety Executive if the construction phase;

a). will be longer than 30 days; or

b). will involve more than 500 person days of construction work, and the expression "notifiable" shall be construed accordingly.

[REGULATION 3] (part). (2), Subject to paragraph (3), regulations 4 to 12 and 14 to 19 shall not apply to, or in relation to construction work where the client has reasonable grounds for believing that ;-

a) the project is not notifiable; and

b). the largest number of persons at work at any time carrying out construction work included in the project will be or, as the case may be may be, is less than 5.

(3) These regulations shall apply to and in relation to construction work which is the demolition or dismantling of a structure notwithstanding paragraph (2).

Regulations 4, 6, 8 to 12, and 14 to 19 shall not apply to or in relation to construction work included or intended to be included in a project carried out for a domestic client.

A "domestic client" means a client for whom a project is carried out not being a project carried out in connection with the carrying on by the client of a trade, business or other undertaking (whether for profit or not).