Subject to Parliamentary approval, the Construction (Design & Management) Regulations 2015 (CDM 2015) will come into force on 6th April 2015 and these will replace the existing CDM 2007 Regulations.
The Health and Safety Executive (HSE) is proposing a ‘crossover’ period of six months for projects under construction when the revised Regulations come into effect.Key Proposed Changes
- A legal obligation for duty holders to provide information, instruction, training and supervision, which replaces the duty to assess competence. the draft regulations do not specify the minimum standard required for compliance.
- Introduction of guidance for duty holders and a simplified ACOP.
- Construction phase coordination duties to remain with the Principal Contractor.
- Replacement of the CDM Co-ordinator role with a Principal Designer responsible for health and safety in the design team. The role can be fulfilled by an individual or organisation.
- Creation of Client duties for domestic projects which can be transferred to the Principal Designer and/or Principal Contractor.
- The Client must ensure that the Principal Contractor complies with their duties. The draft regulations provide no indication as to how compliances are achieved.
- The notification trigger has been amended to 30 days and more than 20 persons on site or 500 man days.
- The Client will be responsible for notifying HSE of a project (F10 notification).
- The Client will be required to appoint a Principal Contractor and/or Principal Designer if there will be more than one contractor on site.
- A construction phase plan will be required for all projects.
- The draft regulations do not require a review of the construction phase plan or indicate any requirements for its contents.
If you are unsure of your legal obligations under the new Construction (Design & Management) Regulations 2015 or any other legislation such as the Work at Height Regulations 2005 then please contact your nearest office or email firstname.lastname@example.org to arrange your free initial consultation. Charter Health & Safety Solutions offices are located in London, Southampton and Salisbury.
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Two Stoke-on-Trent brothers with little or no experience of building and construction work have been given prison sentences after they exposed workers to asbestos.
At least seven workers are known to have been exposed to asbestos – one aged just 17 at the time – by Akram Hussain, 52, of City Road, and Inam Hussain, 47, of Boughey Road, during refurbishment work at a former print works on Scotia Road, Burslem, since February 2012.
Stafford Crown Court was told today (20 August 14) that neither was qualified or experienced in construction, demolition or refurbishment work; nor were they licensed to remove asbestos.
Akram Hussain is a snooker hall manager and Inam Hussain a taxi driver, although they have been carrying out the work on the building for around ten years.
The Health and Safety Executive (HSE) prosecuted the brothers after an investigation found work was being carried out without the necessary asbestos surveys and without a Construction, Design and Management Co-ordinator (CDM) in place, which is required if work is to take more than 30 days.
Despite repeated visits from HSE inspectors and numerous enforcement notices warning them of their failings, the brothers continued to refurbish the building and disturb asbestos material – putting workers at risk.
A Prohibition Notice was issued on 17 February 2012 stopping all work with, or liable to disturb, asbestos. A ‘Direction to Leave Undisturbed’ was also issued for the building until HSE had provided written confirmation that work could continue.
However, several lorry-loads of waste contaminated with asbestos were removed from the site and taken to an unlicensed waste disposal site in Stoke-on-Trent. Workers were also witnessed exiting the site covered in dust and not wearing the correct protective clothing.
A further Prohibition Notice and an Improvement Notice were served on Akram Hussain on 25 February 2012 when inspectors again found work being carried out without an asbestos survey or a CDM.
A separate Prohibition Notice was also served on Inam Hussain on 18 May 2012 for the non-licensed removal of the asbestos from the building. An Improvement Notice was served at the same time for the ongoing failure to appoint a CDM.
An asbestos survey was later carried out, but work inside the building continued to disturb materials containing asbestos.
The court heard that HSE is aware of at least seven workers being exposed to asbestos in the building. Many more could have been exposed during the course of the refurbishment project.
Akram Hussain and Inam Hussain both pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974. Akram Hussain was given a custodial sentence of 22 weeks and ordered to pay costs of £43,000. Inam Hussain was given a custodial sentence of 14 weeks. Source - HSE Website
If your company is undertaking a construction project Charter Health and Safety Solutions can provide competent advice on Construction Health & Safety Management, including providing H&S advice to Directors and Site Management, producing Construction Phase Plans, H&S assessment of sub-contractors and conducting Site Inspections. In addition, Charter has a team of experienced Asbestos Surveyors able to undertake Refurbishment/Pre-Demolition surveys prior to the project commencing.
With offices in London, Southampton and Salisbury, please contact your nearest office or email firstname.lastname@example.org to arrange your initial free consultation.