Membership Matters SAFETY FIRST
IS YOUR PLANT COMPLIANT WITH CDM 2015 REGULATIONS?
Changes to the Construction (Design and Management) Regulations 2015 (CDM 2015) came into effect on 6 April 2015. They set out the requirements to ensure that construction projects are suitably managed to safeguard the health and safety of all who might be affected by the work, including members of the public. These regulations apply to everyone involved in construction work, including the client, principal designer, principal contractor, contractors and workers.
The role of most AD plant operators/owners during any construction project is that of client. The client is defined as ‘any person for whom a project is carried out’. Under CDM 2015 they are responsible for: • Informing the HSE of any notifiable construction projects; • Appointing a principal contractor in writing before any construction work begins;
• Appointing a principal designer as early as possible in the design process; • Ensuring that a construction phase plan is prepared by the principal contractor – the construction phase plan outlines the health and safety arrangements, site rules and specific measures concerning any work involving the particular risks listed in Schedule 3 of CDM 2015;
• Ensuring a health and safety file is prepared and kept up to date by the principal designer – this file should contain information necessary for future construction, maintenance, refurbishment or demolition of the plant and must be retained by the client/end-user and updated as required.
CDM 2015 applies to any construction project, whether it is notifiable or not, and places a heavier responsibility on the client, making them accountable
By Dr Zaffer Khan, CEng FIChemE, professional process safety engineer, Director of Rowan House Ltd and a member of our Training, Safety and Environment Working Group T +44 (0)1242 633805 E
zaffer@rowanhouse.co.uk www.rowanhouse.co.uk
for the impact of their decisions, their approach to each construction project’s health and safety management, and the way in which they ensure that the principal designer and principal contractor comply with their own duties.
Common areas of difficulty for the client include the appointment of an appropriate principal designer and contractor for any project where there is more than one contractor involved. The client must ensure that whoever is appointed can demonstrate appropriate skills, knowledge, experience and organisational capability to manage the pre-construction and construction phases of the project. In practical terms, it is not uncommon for the client to appoint an independent, third-party organisation to undertake or assist them with discharging their duties.
For day to day operation, difficulties may arise as to whether CDM 2015 needs to apply to any maintenance work that is required on site, as under CDM 2015 the definition of ‘construction work’ includes a reference to ‘maintenance’. The HSE advises that if the task looks like construction work, requiring construction skills and the use of construction materials, it will amount to construction work. General maintenance of fixed plant which mainly involves mechanical adjustments, replacing parts or lubrication is unlikely to qualify as construction work and therefore will not trigger the CDM 2015 obligations.
It is important to ensure that any construction work, including maintenance work, is reviewed to determine whether CDM 2015 applies, as any breach of duty will probably rest with the client. The consequences of not complying with the CDM 2015 Regulations are serious and could result in criminal liability.
As part the Best Practice Scheme, ADBA is publishing a short guidance note on the CDM Regulations – visit
adbioresources.org for more information.
www.adbioresources.org adbioresources.org
SPRING 2017 AD & BIORESOURCES NEWS SPRING 2017 | AD & BIORESOURCES NEWS
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