Session 2 - Clients

Download Report

Transcript Session 2 - Clients

CDM 2007 Training
Session 2 - Clients
Version: September 07
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
CDM 2007 Clients – Slide 2
Definition of client - domestic client
A domestic client is someone who lives, or will
live, in the premises where the work is carried
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
Definition of client – insurance
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
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
CDM 2007 Clients – Slide 5
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
Must be agreed in writing
Not able to appoint a client’s agent as in
CDM 94
CDM 2007 Clients – Slide 6
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
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
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 cooperate 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
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
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
Duties on clients – notifiable
projects (1)
Appoint competent CDM co-ordinator
Retain and provide access to the health and
safety file and revise it with any new information
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
CDM 2007 Clients – Slide 11
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 coordinator or principal contractor is appointed then
the client will be deemed to be the CDM coordinator & / or principal contractor and subject
to their duties
CDM 2007 Clients – Slide 12
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
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
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
Clients and CDM co-ordinators are not required to audit
or supervise work on site
Manage the risk, not the paperwork
CDM 2007 Clients – Slide 14
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
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
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
– Asking for confirmation that the arrangements
your contractor agreed to make have been
CDM 2007 Clients – Slide 16
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
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
CDM 2007 Clients – Slide 18