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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