Construction Design & Management Regulations (CDM) 2015

FAQ’s

CDM Overview

Q–CDM is all about constructing buildings, how is that relevant to me?

A– CDM is primarily concerned with constructing / maintaining buildings, however given the definition of ‘construction’ in the Regulations; it will also apply to activities such as building or renovating a set, preparing for an intended structure, assembling prefabricated structures, or repairing telecommunications in fixed structure. Even changing a hinge on a door is classed as construction.

Q – So the definition of construction is quite wide ranging then?

A – Yes it is. A fuller definition is available in the regulations (Construction Definition). If you have any doubts as to whether your planned activity is classed as construction call the Safety Advice Line Tel: +44 (0)370 411 0464 for help.

Q – So that means that even a quick task like changing a strip light bulb needs a Construction Phase Plan (CPP)?

A – In theory Yes, however in practice that is the sort of activity that could be covered by a very simple risk assessment.

Q – Now I’m confused! I need a CPP but I don’t need a CPP?

A – Things can be confusing, but one of the underpinning principles of CDM is the proportionate management of risk. Your paperwork needs to be proportionate with the level of risk you are looking to control. Again if you are in any doubt call the Safety Advice Line.

Q – Proportionate! That actually sounds okay. Will I still be meeting my legal requirements, if I do not have a CPP?

A – Proportionality is the key. The BBC is involved in a whole range of potential construction projects from those carrying a High level of risk e.g. Glastonbury or Proms in the Park, to Low level activities, where all that may be required is a new coat of paint to a door on set. Glastonbury would obviously require a detailed CPP, painting a door would not and could most likely be covered by documentation already in existence. Most BBC construction related projects will lie somewhere between the two examples above. It will be down to the “Client” to decide on the level of planning required and what form it takes. Again the safety advice line can be contacted for advice. If you are managing the risk, you are essentially meeting your legal requirements.

Q – Who or What is a Client then?

A- A client is the person for whom the work is being carried out for. For a lot of BBC productions this could be someone like a Series Producer / Producer.

Q – I am not a producer, could I be the client?

A- Possibly, if you are “controlling” the production or allocating budgetary resources then you would be deemed to have a level of control and therefore could be judged to be the client. If you are in any doubt about whether you are a client or not speak to the Safety Advice Line.Alternatively click on the link for further information

Q – If I am a client, what am I expected to do then?

A- As a client you will be at the head of the project / production team and therefore need to take the lead in ensuring any construction work is managed properly, and risks minimised.

Q – Hang on a minute! I know plenty about producing a drama series, I know nothing about construction?

A- You don’t need to take an active role in managing the actual construction work, but you do need to ensure that there are suitable arrangements in place to manage it. For example;

  • Assembling a competent project team,
  • Ensuring that the team’s roles, functions and responsibilities are clear,
  • Ensuring that sufficient, resources and time are allocated
  • Ensuring that mechanisms are in place for the project team to communicate and co-operate with each other.
  • Ensuring that if you appoint a Principal Designer or Principal Contractor they are doing what they should be doing.

Q – That sounds okay; it’s just project management good practice. Anything else that a client is required to?

A- A few things;

  • Provide some Pre-Construction Information (PCI) where appropriate
  • Make sure that there are suitable welfare arrangements in place
  • Make sure that a CPP is in place before any construction begins
  • Depending on the size of your project, provide notification to the Health and Safety Executive

Important thing to remember is all these clients duties need to be undertaken proportionate to the amount of “Construction risk” applicable to your production.

It is likely that for a lot of productions your PCI will come from your recce, youwill have suitable welfare on site anyway, and the CPP can be covered in the risk assessment. Further guidance will be issued by BBC Safety.

Q – That’s quite a few things that I need to remember. Do you have anything that could help me ?

A- Yes we do, as part of our BBC CDM documentation; we are going to produce;

  • CDM Planning Sheet
  • Pre-Construction Information Aide Memoir
  • Client Checklist
  • Project Guidance

These will be available in Gateway as part of the Construction Safety Guide

Q – What exactly is Pre Construction Information?

A- “Pre-construction information” means information in the client’s possession or which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work and is of an appropriate level of detail and proportionate to the risks involved. Essentially it is existing H&S Information that can be passed to designers and contractors, to allow them to work safely. Further guidance will be issued by BBC Safety.

Q – What exactly is a Construction Phase Plan?

A-The Construction Phase plan is a document that details how health and safety will be managed for the construction phase of a project. It needs to be shared with those involved in a project, it should be easy to understand, and simplicity is the key.

There is no set format, but it should have enough detail to allow the risks presented by any construction to be suitably managed. A good plan will be proportionate to the scale of the project and the risks involved.

Q- Do you have any examples of Construction Phase Plans that I could look at?

A-The Health and Safety Executive have put together three examples for the entertainment industry. They are

  • OB at a Sports Ground
  • Building a set in a TV Studio
  • Touring Theatre Set Build

All three examples give a relatively simple example of a construction phase plan based on a CPP Template available on the HSE website. What these do show is that suitable plans can be put together with little paperwork. The emphasis being on controlling risk rather than generating documents. The BBC will be looking to put a similar template on Gateway as part of CDM documentation.

CDM Scenario’s

  1. We are planning an event that includes building of 800 special booths in an established venue for viewing onscreen content. We have a principal contractor and a designer. The build takes four days, the booths are open for four days and the derig takes another three days. There are around 40 staff involved in the build and another 10 with installation of the software. This activity is subject to full risk assessment and planning. Are there any additional CDM requirements we need to follow?

For the purpose of this event you would be regarded as the Client and therefore subject to Clients duties as per CDM Regulations.

Although this is a fairly substantial project it does not meet the criteria for notification to the HSE, so that is one duty you do not need to worry about.

You have appointed a Principal Contractor so by definition there are other Contractors involved in your build and therefore as Client you will also need to appoint a Principal Designer. If as Client you do not appoint a Principal Designer, the Principal Designer duties automatically default to the client.

As Client you are also required to ensure that there are suitable arrangements in place for managing the build (including time and resources). These arrangements need to be maintained and reviewed throughout the project. As you have already carried out a planning and risk assessment exercise for the build it is likely that the majority of your arrangements are already detailed in these.

A Client is also responsible for providing Pre Construction Information toDesigners andContractors. The Pre Construction Information should provide the health and safety information need by Designers & Contractors to adequately control the construction H&S risks associated with the project.

This does not mean that you have to hunt down every possible piece of H&S information; you are only required to provide what is ‘reasonable’ to obtain. For example, in this case, you are placing 800 booths on a floor in an external venue. It would be reasonable in this instance to ask the venue if they have any details regarding the safe working load of the floor, and if they have, pass that on to the Principal Contractor and Principal Designer. If you appoint a Principal Designer they should assist you in obtaining the Pre Construction Information.

As Client you are also required to ensure that there are suitable welfare facilities in place for all those involved in the build and you must ensure that the build does not start until the Principal Contractor has drawn up a Construction Phase Plan.

Whilst there seems to be a lot to do as a Client, most of what is required would be probably be covered in what you have already done as part of planning the build. The essence of CDM is to control risk, not to generate extra paperwork. For those unfamiliar with CDM, BBC Safety will be developing a Client Check list, as part of its CDM Documentation.

  1. We are planning a large exhibition in an established venue, this includes 30% shell scheme with 70% custom made stands, sets and exhibitions. No stands are two storey or higher. There are also low level stages, with full lighting rigs. Around 50 people are involved in the build – including stocking the stands and set dressing. The venue has full welfare and first aid facilities available during the three day build and two day derig. The exhibition build is covered by arrangements held in the Event Safety File. What else do we need to do under CDM?

Taking your position as being the Client for this event, you would need to fulfil the Clients duties. As a starting point, this would mean making sure that there are suitable arrangements in place for managing the build. As you already have an Event Safety File, it is possible that everything is covered in this, however you would need to check that the information in the file is suitable.

You would also need to appoint in writing, a Principal Contractor (PC) and Principle Designer (PD) for the build. If these appointments are not made, the duties of the PC and PD then fall to the Client.

As Client there is also the need to ensure any relevant Pre Construction Information to Designers and Contractors. The Pre Construction Information should provide the health and safety information need by Designers & Contractors to adequately control the construction H&S risks associated with the project. Again it is possible that any such information is already contained in the Event Safety File.

Clients also need to ensure that no work starts on the build until a Construction Phase Plan has been developed by the PC. Again everything that is required may already exist in the Event Safety File, if so the PC should still ensure its suitability for this particular project.

As a Client you not be expected to ‘hand’s on’ manage this type of project. What you would be expected to do, and where real value safety wise can be added, is to ensure that your ‘suitable arrangements’ allow for all parties involved to co-operate with each other, that everybody understands their responsibilities, and that clear lines of communication are established.

  1. We are building a single story stand at a third party exhibition. We have a designer and a builder; it is covered by a risk assessment. The build takes two days, the exhibition is open for a day and the dismantle takes around half a day. Does any element of CDM apply?

CDM applies to all construction regardless of the size of the project, so there would still be the need for example for duty holders to be appointed, suitable management arrangements to be in place, a construction phase plan to be developed, and designers to apply ‘the principles of prevention’

Quiet where CDM responsibilities lie in this particular instance would depend to a certain extent on the contractual arrangements for the exhibition. You are building a single story stand, which technically could mean that you are the Client. In this case however you are part of a third parties exhibition which could mean that they are the Client. CDM does allow for there to be two Clients in a project. If there is still doubt about who the Client or Clients are, all the possible Clients should agree that one or more of them is treated as the Client for the purposes of CDM 2015. It is in the interests of all those involved to identify and agree who the Client or Clients are. If not, they may all be considered to have Client duties under CDM 2015. In this scenario, the starting point is to agree the CDM arrangements as early as possible. If you are the Client, then make sure you carry out all the relevant duties, if the third party is confirmed as the Client for CDM purposes then you still have duties to pass over any relevant PCI and to cooperate with anyone involved with the project. In this scenario for the purposes of CDM, your builders and designers should then work to the third party.

  1. We are altering one element of a standing exhibition – this involves stripping out the existing set to a skip and replacing it with a new set. This takes place overnight. There are four people involved plus a supervisor. We have a risk assessment and the building has welfare facilities and first aid. Does CDM apply?

CDM applies to all construction regardless of the size of the project. Although the project is comparatively small, there is still the need to identify a Client and appoint other relevant duty holders.

In this case given size of the project, there is unlikely to be the need to appoint a Principal Contractor or Principal Designer as there would most likely be only one Contractor.

The Client will need to appoint a Contractor and possibly a Designer. Given the type of project is it possible that the Client could also take on the role of Designer if they have the appropriate skills.

The Client will still need to ensure that there are suitable arrangements in place for managing the project and that any relevant PCI is provided to the contractor. This is the level of project where the Client could probably discharge all his duties by completing the BBC CDM Planning Sheetand passing this to the Contractor

Additionally the Client needs to ensure that a suitable Construction Phase Plan is in place prior to work commencing. In this scenario this will most likely be covered by the risk assessment.

  1. We have been designated as the ‘Event Organiser’ for an event due to take place in June 2016. The event will be very similar to BBC Proms in the Park and will take place in the grounds of a large stately home in the North of England over a weekend. Having organised several similar events in the past without any major problems, we are familiar with the processes we need to follow. Now we are aware that CDM applies to this type of event, does this mean that we need to generate a whole lot of extra paperwork?

The short answer is no. There may be the odd extra document, but you will probably find that you have all the paperwork and information you need, it will just be ‘labelled’ differently. For example, most of the Pre Construction Information will actually be contained in the Outdoor Recce Checklist .The idea behind CDM is managing construction risk, rather than generating paperwork.

If you have been following the guidance in the Events Safety Guide and consulting the Purple Guide then its highly likely that you are doing all that you need to do.

If you have identified Construction risk in your Event Business Plan, appointed staff and contractors with appropriate skill sets, thought about how construction risk will be managed in your Event Action Plan, and made sure an Event Management Plan is in place, then you have essentially covered the basics of what you need to do for CDM Construction

The current event documentation on Gateway will be updated to include CDM terminology.

  1. I am a Line Producer for the BBC who is having a set built in a BBC Studio for my production, what are my responsibilities under CDM 2015?

As the person who has requested the work, you will be expected to ensure that suitable management arrangements are in place to allow for the set to be built safely. In this case suitable arrangements would include ensuring that you had a competent designer and a competent construction manager included in your project team. To help you ensure that your arrangements would be suitable you should use the BBCCDM Planning Sheet to assist you. This planning sheet should be shared and discussed with your project team. Your designer should provide details of the set design to the construction manager and these documents should allow the construction manager to put together a plan together detailing the arrangements for constructing the set safely (Construction Phase Plan). As Line Producer you should not let any work commence until a suitable Construction Phase Plan, has been produced. You should also ensure that suitable welfare facilities are place during the works. Once construction work has begun you should hold regular meetings with your project team to ensure that your arrangements are working.