CDM (NI) 2016 - Taking over from Main Contractor - Requirements?

[Conor]

So Far our build has all been through our main contractor so H&S (or lack of...) has been with him. As he's now finishing up, I'm about to start getting trades in to finish off the build. From my reading of this, I'm assuming as a domestic client, CDM16 applies to me and I have to assume role of principle designer and main contractor? The architect and SE have effectively finished their jobs so can't ask them to take any responsibilities at this stage.

 

Is my assumption correct? Ultimately, somebody has to manage the site and safety, and that can only really be me.... Unless I'm missing something?

 

 must plan, manage, monitor and coordinate health and safety in the construction phase of a project, including:

• liaising with the client and principal designer
• preparing the construction phase plan
• organising cooperation between contractors and coordinating their work

They need to make sure:

• suitable site inductions are provided
• reasonable steps are taken to prevent unauthorised access
• workers are consulted and engaged in securing their health and safety
• welfare facilities are provided

[ToughButterCup]

@conor, this is the CDM 2015 thread (Here) 

I can't say I've read the 2016 version, but CDM applies to professional builders, not to Domestic Clients. If it were to apply to Domestic Clients, then there would be no difference in status between professionals and clients.

[Conor]

12 minutes ago, ToughButterCup said:

@conor, this is the CDM 2015 thread (Here) 

I can't say I've read the 2016 version, but CDM applies to professional builders, not to Domestic Clients. If it were to apply to Domestic Clients, then there would be no difference in status between professionals and clients.

This is Northern Ireland CDM16. Slightly different. It seems clear that if a domestic client employs anybody, there needs to be a principle designer and contractor appointed. I doubt the brickie that's coming round this week would take on those roles lol

 

That's my understanding of this anyway:

 

https://www.hseni.gov.uk/sites/hseni.gov.uk/files/a-simple-guide-to-the-cdm-regulations-ni-2016-updated.pdf

 

Also from HSENI:

 

Domestic clients
Domestic clients are people who have construction work carried out on their own home (or the home of a family member) that is not done as part of a business.

Though in scope of CDM 2016, their client duties are normally transferred to:

the contractor for single contractor projects
the principal contractor for projects with more than one contractor
However, the domestic client can instead choose to have a written agreement with the principal designer to carry out the client duties.

Remember
CDM 2016 applies if the work is carried out by someone else on the domestic client’s behalf.

If the householder carries out the work themselves, it is classed as DIY and CDM 2016 does not apply.

 

Edited May 29, 2021 by Conor

[nod]

Provide them with a loo 

and tell them what you want them to do 

Keep the subys out of each other’s way 

Dont mention inductions You will frighten them off 

 

Ive just started two sites for a contractor that is H&S mad 

Hour long induction 

No radios 

No shorts 

No eating in the building 

I can tell the guys not to wear shorts as most insist on this 

Radios low volume 

Eating on the go NO chance 

 

In common with all our sites 

Not one mention of Covid 

There’s two members of two gangs confirmed with Covid The other half’s of the gangs are still working onsite 

The jobs falling behind are all they care about 

 

None of the contractors have any respect for HSE 

Edited May 29, 2021 by nod

[vfrdave]

I managed mine in NI @Conor after a brief flirt with a main contractor.

 

Most of it is common sense with regular visits to site to keep an eye on things.  No heavy inductions more a don't take the piss lads by taking shortcuts.

 

I did fall foul of the HSE re scaffolding when roofing, bought scaffolding and got the nod again.

[Mr Punter]

On 29/05/2021 at 15:37, nod said:

None of the contractors have any respect for HSE 

 

You are legally obliged to comply with and assist HSE and fully answer any questions they have.  If they pay you a visit just be as helpful as possible and immediately implement any recommendations.

 

If they choose to prosecute they have a very high conviction rate, and the majority will plead guilty to the breach (when they realise that the penalty will be more severe if found guilty in court).

[Mr Punter]

https://resources.hse.gov.uk/convictions-history/case/case_list.asp?PN=1&ST=C&SN=S&SF=IS&SV=2&SO=ADN

 

Mostly these are investigated following an accident, fatality or report from a worker or the public.

[TonyT]

Didn’t the HSE pay a lot of staff off a few years ago?

 

I’m client on a number of sites and in 10 years I’ve never had HSE on site, considerate contractors inspections all the time ? 

[nod]

I work on a few different sites 

with very keen HSE 

No shorts No radios No eating in the building 

No mention of COVID 

Just a couple of taped up sinks 

 

Self Builders are unlikely to get a visit 

Edited June 13, 2021 by nod

[Conor]

Since I posted this I got in touch with a CDM advisor. Site visit, a chat and set me straight on my legal obligations. It's a little complicated and grey, as under CDM regs I'm considered designer/ contractor, but under employment and workplace law, I'm not considered an employer. But best to cover all bases. I've a few kew bits of paperwork and procedures to have in place, and a load of posters. Hardest part is getting guys to wear their feckin hard hats!!! Her view is that HSE primarily want to help you run a safe site, and their first approach is to advise and improve. 

Edited June 13, 2021 by Conor

[ETC]

Since I posted this I got in touch with a CDM advisor. Site visit, a chat and set me straight on my legal obligations. It's a little complicated and grey, as under CDM regs I'm considered designer/ contractor, but under employment and workplace law, I'm not considered an employer. But best to cover all bases. I've a few kew bits of paperwork and procedures to have in place, and a load of posters. Hardest part is getting guys to wear their feckin hard hats!!! Her view is that HSE primarily want to help you run a safe site, and their first approach is to advise and improve. 
 

Hi...clicked your link....how does the following relate:

 

[Mr Punter]

3 hours ago, nod said:

Self Builders are unlikely to get a visit 

 

Agree 100%.  Only a serious accident, death or being reported by someone will prompt a visit.  Even then, as long as they have not been stupid or expected others to take avoidable risks they should not have any issues.

[nod]

Whilst I’ve never seen the point of mask wearing 

There’s been a definite HS policy of not wearing masks or gloves on sites 

AL HS reps have ignored COVID Apart from sticking the odd sign up in the toilets