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CDM 2007 Training Package Session 2 - Clients

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This excludes domestic clients from the definition, but not necessarily domestic ... Make clients accountable for the impact they have on health and safety ... – PowerPoint PPT presentation

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Title: CDM 2007 Training Package Session 2 - Clients


1
CDM 2007 Training PackageSession 2 - Clients
Version September 07
2
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 premises

CDM 2007 Clients Slide 2
3
Definition of client - domestic client
  • A domestic client is someone who lives, or will
    live, in the premises where the work is carried
    out
  • 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
4
Definition of client insurance companies
  • 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
5
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 provider

CDM 2007 Clients Slide 5
6
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 client(s)
  • Must be agreed in writing
  • Not able to appoint a clients agent as in CDM 94

CDM 2007 Clients Slide 6
7
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
8
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
9
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
    co-operate 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
10
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 involved
  • 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
11
Duties on clients notifiable projects (1)
  • Appoint competent CDM co-ordinator
  • 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
  • Retain and provide access to the health and
    safety file and revise it with any new information

CDM 2007 Clients Slide 11
12
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 co-ordinator
    or principal contractor is appointed then the
    client will be deemed to be the CDM co-ordinator
    / or principal contractor and subject to their
    duties

CDM 2007 Clients Slide 12
13
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
14
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
  • Clients and CDM co-ordinators are not required to
    audit or supervise work on site
  • 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
  • Manage the risk, not the paperwork

CDM 2007 Clients Slide 14
15
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 issues
  • 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
16
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 contractors
  • Asking for confirmation that the arrangements
    your contractor agreed to make have been
    implemented

CDM 2007 Clients Slide 16
17
Duties on clients management arrangements (4)
  • If the Client makes a reasonable judgement that
    the contractors 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 clients
    knowledge

CDM 2007 Clients Slide 17
18
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 budget

CDM 2007 Clients Slide 18
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