What is CDM?

Following its initial introduction in 1994, the Construction Design and Management
Regulations (commonly known as the CDM Regulations) were re-introduced in April
2007, the revised Regulations are intended to make it easier for those involved in
construction projects to comply with their health and safety duties.
The CDM Regulations are aimed at improving the overall management and coordination of health, safety and welfare throughout all stages of a construction
project to reduce the large number of serious and fatal accidents and cases of ill
health which happen every year in the construction industry. The HSE says that the
new regulations emphasise planning and management to secure a safe project,
rather than paperwork.
The Regulations place duties on all those who can contribute to the health and
safety of a construction project. Duties are placed upon clients, designers and
contractors with more power given to the CDM Coordinator in what is considered a
more authorative and policing role.
The new regulations combine the Construction (Health, Safety and Welfare)
Regulations (1996) and CDM 1994 into one single set of regulations. However, they
also introduce some important changes to the safety regime.
These include:
A new duty on designers to eliminate hazards and reduce risks, as far as is
reasonably practicable. They will also have a duty to ensure that any workplace
they design complies with the Workplace (Health, Safety and Welfare) Regulations
1992;
A Client will no longer be able to appoint an agent to take on their legal duties and
criminal liabilities, thereby making the CDM Coordinator role more advisory in
helping to fulfill their duties to comply with the Regulations
When Principal Contractors appoint contractors, they will have to tell those
contractors how much time they have to prepare for on-site work;
Contractors will have a similar duty towards those they appoint to work on-site, as
well as being obligated to plan and manage their own work; and
The role of Planning Supervisor, which carried responsibility for co-ordinating health
and safety aspects of the design and the planning phase of the construction project,
is to be replaced by a CDM Project Co-ordinator.
A CDM Co-ordinator, like a Planning Supervisor, has to be appointed by the client if
a project lasts more than 30 days or involves more than 500 person days of work.
But, unlike the Planning Supervisor, is required to advise and assist the client on

how to fulfill their duties, especially on whether other duty-holders arrangements

are adequate. At the most, only the initial design work for the job should have been
completed before the position is filled.
What CDM Applies To
The CDM 2007 Regulations apply to most common building, civil engineering and
engineering construction work.
Construction work means the carrying out of any building, civil engineering or
engineering construction work and includes:
(a) The construction, alteration, conversion, fitting out, commissioning, renovation,
repair, upkeep, redecoration or other maintenance (including cleaning which
involves the use of water or an abrasive at high pressure or the use of corrosive or
toxic substances), de-commissioning, demolition or dismantling of a structure;
(b) The preparation for an intended structure, including site clearance, exploration,
investigation (but not site survey) and excavation, and the clearance or preparation
of the site or structure for use or occupation at its conclusion;
(c) The assembly on site of prefabricated elements to form a structure or the
disassembly on site of prefabricated elements which, immediately before such
disassembly, formed a structure;
(d) The removal of a structure or of any product or waste resulting from demolition
or dismantling of a structure or from disassembly of prefabricated elements which
immediately before such disassembly formed such a structure; and
(e) The installation, commissioning, maintenance, repair or removal of mechanical,
electrical, gas, compressed air, hydraulic, telecommunications, computer or similar
services which are normally fixed within or to a structure.
What CDM Does Not Apply To:
(a) Putting up and taking down marquees and similar tents designed to be reerected at various locations.
(b) General maintenance of fixed plant, except when this is done as part of other
construction work, or it involves substantial dismantling or alteration of fixed plant
which is large enough to be a structure in its own right, for, example structural
alteration of a large silo; complex chemical plant; power station generator or large
boiler.
(c) Tree planting and general horticultural work.
(d) Positioning and removal of lightweight movable partitions, such as those used
to divide open-plan offices or to create exhibition stands and displays.

(e) Surveying - this includes taking levels, making measurements and examining a
structure for faults.
(f) Work to or on vessels such as ships and mobile offshore installations.
(g) Off-site manufacture of items for later use in construction work (for example
roof trusses, pre-cast concrete panels, bathroom pods and similar prefabricated
elements and components).
(h) fabrication of elements which will form parts of offshore installations.
(i) The construction of fixed offshore oil and gas installations at the place where
they will be used.
What extra responsibilities do the CDM 2007 regulations place on clients?
While there are no new client duties; pre-existing ones have been strengthened,
the HSE says:
Clients already had duties under HSWA 1974 and the Management of Health and
Safety at Work Regulations 1999 to ensure construction projects were carried out
safely. However under the new CDM 2007, clients are explicitly instructed to take
reasonable steps to ensure that:
Construction risk can be carried out without risk to health and safety;
Welfare arrangements are in place before work begins;
Any structure designed for use as a workplace complies with the Workplace
Regulations;
Sufficient time and resources are allocated to achieve these duties and
To indicate to contractors and designers how much time is available for planning
and preparation before work starts.
An accompanying Approved Code of Practice ACoP, due to be published some
time from February 2007, gives simple advice on how to fulfil these duties, says the
HSE.
However, a client will no longer be able to appoint a clients agent to take on their
legal duties and criminal liabilities under CDM.
What other significant changes do the CDM regulations of 2007 bring in?
The Executive believes that this provision of CDM 1994 was confusing. Even if the
client appointed an agent, they continued to have duties and criminal liabilities
under the HSWA 1974 and the MHSWR 1999.

A client can still appoint a professional to carry out their duties but the legal
responsibility to comply with CDM stays with the client.
Other changes to the regulatory regime include:
Duty holders must be sure that anyone they appoint to carry out or manage design
or construction is competent; and
Duty holders themselves need to ensure that they are competent.
How can I ensure my business is CDM Compliant?
To ensure that your company meets the CDM regulations, is recommended to have
a CDM audit carried out by a third party. A CDM compliance audit provides an
objective third party view of your company strengths and weaknesses in this area.
The CDM compliance audit takes part in two separate stages. The initial approach is
to gather information; this is followed by a detailed evaluation which will be
presented in a formal report. If changes and alterations are noted in relation to CDM
regulations, an objective project management company can assist with new
implementation measures
Will CDM help with demolition?
CDM regulations play an invaluable role in the life cycle of development and
demolition that occurs in process plants and manufacturing sites. The safe
demolition of disused facilities is crucial and the CDM regulations provide a
structured base from which to work. Many companies are understandably nervous
of undertaking the demolition work that may be required at a site, especially when
they consider the CDM regulations they have to adhere to. There is often a belief
that costs will be prohibitive and the risks difficult to manage. In this instance, an
impartial project management company can offer an important support service in
this situation and provide services to assist with the adherence of CDM regulations:
Fulfilling obligations under CDM
Undertaking a full scoping and pricing study
Selecting competent demolition contractors
Managing the demolition project in reference to CDM
Assessing the environmental impact
CDM Training for business
As well as understanding the ways in which CDM regulations affect your business,
there is also the need for a constant monitoring or to ensure a safety-driven
business culture. Training staff to be aware of and monitor CDM regulations can

enable CDM safety to become part of everyday life. A project management/training

company can support your CDM learning programme by a number of different
techniques:
Tool box talks for staff
CDM training for Duty Holders
Alliance and team building events to spread the safety message
CDM mentoring for inexperienced construction staff