The Role Of The Client And Coordinator

The HSE have over the last few years been consulting the Architectural professions, Civil Engineers, RICS and the construction industry at all levels to ascertain how the CDM Regulations can be further improved to minimise the risk in the mobile workplace and make good occupation health objectives for the average worker a reality for the future.

Professional Health and Safety Consultants try to keep abreast of new developments in the workplace and we feel that the current CDM Regulations can radically improved health and safety application and awareness in the construction industry, we are therefore convinced that the proposed new set of revisions will improve the regulation of construction sites and reduce the paper chase that prevail now within many projects and contracts.

The role of coordinator within a CDM construction project will now be ideally carried out by a person(s) with real practical knowledge about how the workplace works together with the competence to properly regulate the flow of information between the respective parties. The current planning supervisor role has unfortunately been brought into disrepute in some cases and in some projects deteriorated into a paper pushing exercise where disputes can happen over the misapplication and non submission of minor pieces of information or paperwork.

We believe that the HSE and other interested parties want health and safety to be a collaborative exercise rather than an adversarial stand off between the respective parties. It is very difficult for a purely office based administrative manager or professional to understand the role of an operational construction manager and the tradesmen if they do have a good grounding in practical site work. It is an accepted fact that those of us who work with our hands on cold building sites do not have a great deal of empathy for paper based questionnaires and written responses, so the current to and fro of evaluation enquiries, method statements and risk assessments can cause friction if the implicit need for them is not explained in a coherent and friendly manner. After all good health and safety compliance is ultimately not about disputing the worth of someone’s written submissions it is all about reducing risk in the workplace and working well together.

PH&S always undertaken the role of planning supervisor in collaborative manner in the past and we feel that the proposed new role as described where we become closer to the client should be a qualitative improvement. We hope that we might be requested to be more proactive within the construction phase to assist the respective parties to improve compliance in non combative way and this will herald a step change and overall improvement in combating risks and ill health.

Our practice also believes that toolbox talks, induction training and vocational training should be as interesting as any other learning exercise and to this end we have produced a number of video based training aids for companies to use when training their workforce. This is particularly important if employers have young persons or workers that do speak English as a first language, we feel that getting the health and safety message over should be as slick and entertaining as a TV program. This current decade has seen major advances in media delivery and we do not see why health and safety training should be confined to the A4 page and delivered in black and white only. Our advanced audio visual techniques will be able to be delivered to mobile phones and small media players, together with the new reinvigorated safety regulations these visual tools could see a major reduction in accidents, ill health and disputes about how carry out work in an effective and compliant manner.

This sheet below is a précis of the consultative document that outlines the new CDM regulation clauses for the client duties and outlines the code of practice roles for the duties undertaken by the new coordinator role which will replace the planning supervisor.

The details are noted in the draft (new revisions) CDM Regulations http://www.hse.gov.uk/consult/condocs/cd200.htm

Co-operation

5.(1) Every person concerned in a project on whom a duty is placed by these Regulations, including paragraph (2), shall

  • (a) co-operate with any other person concerned in any project involving construction work at the same or an adjoining site so far as is necessary to enable the latter to perform any duty or function under these Regulations; and
  • (b) Seek the co-operation of any other person concerned in any project involving construction work at the same or an adjoining site so far as is necessary to enable the former to perform any duty or function under these Regulations.

(2) Every person concerned in a project who is working under the control of another person shall report to him anything which he is aware is likely to endanger the health or safety of himself or others.

Election by clients

6. If, in relation to a project, one or more clients elect in writing to be treated for the purposes of these Regulations as the only clients, other clients who have agreed in writing to such election shall not be subject to any duty owed by a client under these Regulations after such election and consent, save the duties in regulations 5(1)(a), 10(1) so far as it relates to information in his possession, and 12(1).

The client’s arrangements for managing projects

7.(1) The client shall take reasonable steps to ensure that arrangements are made, and maintained throughout the project, for managing it which are suitable to ensure

(a) That

  • (i) The construction work can be carried out; and
  • (ii) Any structure to which the construction work relates, and which is designed for use as a place of work, can be used, without risk to health or safety; and
(b) The welfare of the persons carrying out the construction work.

(2) The arrangements referred to in paragraph (1) shall include (a) The allocation of resources (including time) to

  • (i) The design of a structure;
  • (ii) Planning and preparation for construction work; and
  • (iii) The construction work itself, which are, so far as the client in question can reasonably determine, adequate; and

(b) Arrangements for

  • (i) Review and revision of the arrangements;
  • (ii) Review of the suitability and compatibility of designs and for any modification;
  • (iii) Ensuring that persons are appointed under regulation 8 or engaged as designers or contractors in a suitable sequence and in good time;
  • (iv) The planning for and monitoring of construction work;
  • (v) Ensuring that the duties in regulations 5 and 16 are performed; and
  • (vi) Communication.

Appointments by the client

8.(1) The client shall

  • (a) appoint a person (the co-ordinator), before design work, or planning or other preparation for construction work is begun, to perform the functions specified in regulation 13(1); and
  • (b) ensure so far as is reasonably practicable that the functions are performed.

(2) The client shall appoint one person (in these Regulations called the principal contractor) as soon as is practicable after the client knows enough about the project to be able to select a suitable person for such appointment, to perform the functions specified in regulations 16 to 18.

(3) The client shall ensure that appointments under paragraphs (1) and (2) are changed or renewed as necessary to ensure that there are at all times until the end of the construction phase

  • (a) A co-ordinator; and
  • (b) A principal contractor, filling them.

(4) The client shall

  • (a) Be deemed for the purposes of these Regulations, save paragraphs (1) and (2) and regulations 14(1)(b) and 19(1)(b), to have been appointed as the co-ordinator or principal contractor for any period for which no person (including himself) has been so appointed; and
  • (b) Accordingly be subject to the duty imposed by regulation 13(2) on a co-ordinator or, as the case may be, the duties imposed by regulations 16 to 18 on a principal contractor.

(5) Any reference in this regulation to appointment is to appointment in writing.

Notification of project by the client

9.(1) The client shall ensure that notice is given to the Executive

  • (a) Before design work or planning or other preparation for construction work is begun, containing such of the particulars specified in Schedule 1 as are available; and
  • (b) As soon as is practicable after the appointment of the principal contractor, containing any information not notified under sub-paragraph (a).

(2) Any notice under paragraph (1) shall be signed by or on behalf of the client or, if sent by electronic means, shall otherwise show that he has approved it.

Client’s duty in relation to information

10.(1) The client shall ensure that the persons specified in regulation 13(1)(f)(i) to (iii) are promptly provided by the co-ordinator with all the information in the client’s possession, or prepared by the coordinator, or which is reasonably obtainable (or with such of the information as is relevant to the person to whom the co-ordinator provides it), including

  • (a) Any such information in a health and safety file;
  • (b) Any such further information about or affecting the site or the construction work;
  • (c) Information provided by a designer under regulation 14(5);
  • (d) The minimum notice which will be allowed to the principal contractor, and the contractors directly appointed by the client, for planning and preparation for construction work, which is relevant to the purposes specified in paragraph (2).

(2) The purposes referred to in paragraph (1) are

  • (a) to secure so far as is reasonably practicable the health, safety of persons engaged in the construction work and the health and safety of persons liable to be affected by the way in which it is carried out;
  • (b) without prejudice to sub-paragraph (a), to assist the persons to whom information is provided under this regulation
  • (i) to perform their duties and functions under these Regulations; and
  • (ii) to determine the adequacy of the resources referred to in regulation 7(2) to be allocated by them.

The client’s duty in relation to the start of construction phase

11. The client shall ensure that the construction phase does not start unless

  • (a) The principal contractor has prepared a construction phase plan which is sufficient to enable the construction work to start without undue risk to health or safety; and
  • (b) The requirements of Schedule 2 are complied with.

The client’s duty in relation to the health and safety file

12.(1) The client shall ensure that the co-ordinator is provided with all the health and safety information likely to be needed during any subsequent works for inclusion in a record (the health and safety file).

  • (1) Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information the client shall ensure that the information relating to each site or structure can be easily identified.
  • (2) The client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file

(a) Is kept available for inspection by any person who may need it to comply with the relevant statutory provisions; and

(b) Is revised as often as may be appropriate to incorporate any relevant new information, including information specified in regulation 4(9)(c) of the Control of Asbestos at Work Regulations 2002(d).

  • (3) It shall be sufficient compliance with paragraph (3)(a) by a client who disposes of his entire interest in the site if he delivers the health and safety file to the person who acquires his interest in it and ensures that he is aware of the nature and purpose of the file.

Functions of co-ordinators

13.(1) The functions of a co-ordinator, referred to in regulation 8(1)(a), are to

  • (a) Advise and assist the client in undertaking the measures he needs to take to comply with these Regulations (including in determining the adequacy of the resources referred to in regulation 7(2)(a));
  • (b) Identify and extract the information specified in regulation 10;
  • (c) Advise on the suitability and compatibility of designs and on any need for modification;
  • (d) Co-ordinate design work, planning and other preparation;
  • (e) Liaise with the principal contractor in relation to any design or change to a design requiring a review of the construction phase plan, during the construction phase;
  • (f) Promptly provide, in a convenient form, to

(i) Every person designing the structure;

(ii) The principal contractor; and

(iii) Every contractor who has been or is likely to be appointed by the client, the information specified in regulation 10 (or such of it as is relevant to him);

  • (g) Prepare, where none exists, and otherwise review and update the health and safety file;
  • (h) At the end of the construction phase, pass the health and safety file to the client.

(2) A co-ordinator shall so far as is reasonably practicable perform any function specified in paragraph (1) For which he is appointed.

What co-ordinators must do(Draft document)

Regulation 8(1) and 13

Co-ordinators must:

  • a) Advise and assist clients with their duties;
  • b) Co-ordinate design work, planning and other preparation for construction, where relevant to health and safety;
  • c) Liaise with the principal contractor about design developments during the construction phase that are likely to have implications for health and safety and the construction phase plan.

Such reviews must not interfere with the principal contractor’s duty to plan and manage work on site;

  • d) Manage the flow of health and safety information between clients, designers and contractors. This includes locating existing information or advising the client how to fill significant gaps, e.g. by commissioning surveys; and
  • e) produce or update a relevant, user friendly, health and safety file suitable for future use at the end of the construction phase.

In addition, to deliver more effective health and safety risk management, they also normally:

  • a) Advise clients on the competence and resources of their appointees;
  • b) Notify HSE about the project on behalf of the client;
  • c) Develop effective management arrangements for the project and review and revise them;
  • d) Carry out early planning and, sometimes, preparation for the construction work; and
  • e) Advice the client on the suitability of the construction phase plan (for the initial construction work) and welfare facilities before construction work starts.

PROFESSIONAL HEALTH AND SAFETY CONSULTANTS CAN ADVISE CLIENTS AND DESIGNERS HOW THEY CAN INTEGRATE THESE ROLES ON A CONSTRUCTION PROJECT (ANY WORKPLACE OR PROJECT)TO MINIMISE RISK AND IMPROVE HEALTH AND SAFETY IN THE WORK PLACE.

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IF WE CAN HELP YOU WITH SPECIALISED VISUAL MEDIA BASED TRAINING, CDM COORDINATING OR ANY OTHER HEALTH AND SAFETY REGULATORY ISSUE. E-mail neal.etchells@btconnect.com