CDM (2007): Do the new regulations increase the scope of client liability for construction?

In Building magazine (23rd August 2007) an article by Eleanor Harding had the title: “Clients responsible for construction deaths, warns expert”. It went on “Building site deaths could now be the responsibility of clients because of new regulations, according to an expert on construction law.

Ken Salmon, construction lawyer at Mace & Jones, warned that it is now up to the client to ensure that those employed are competent, and that they have been provided with health and safety information.

The Construction Design and Management Regulations 2007 in April, widened responsibility for safety on sites. Clients who commission new buildings are now responsible for health and safety, even if they are not directly involved in construction work. Previously, it was only the contractors, designers and managers who faced liability.

The client will also be responsible for providing sufficient planning time and making arrangements for managing the project. They could even incur liability for choosing a particular design system or product.

Salmon said: “A death on a building site will be followed up by an investigation of the care taken by all parties, including the individuals whose only role is choosing the contractors, designers or managers and footing the bills.”

One reader asked whether all clients could be expected to understand the nature of construction risks and took a cynical view of the reason for the alleged increase in client liability. However I find the comments by Clare Thomas, Associate, GHP Consultancy more compelling. She wrote: “Do not be dragged down the line of thinking which suggests the client must become a Health & Safety expert overnight.

The “client” is not required to know or even understand the intricacies of construction or H&S.

The whole point of the “new” legislation is to make clients more accountable for what happens in their name, but charges them with the responsibility of ensuring they have adequate, sensible and competent professional advice. (not actually doing it themselves). And where a project is notifiable this advice comes from the appointment of the CDM Co-ordinator.

What CDM 2007 calls for is that the client must give time and resource for adequate planning to allow the other dutyholders to carry out their roles effectively and thus ensure that: 1. Risk is designed out at an early stage where possible (competent designers would ensure this happens with a CDM Co-ordinator to oversee this) 2. Residual risk is communicated to those who need to know about it (designers talking to the principal contractor, CDM co-ordinator preparing the pre-construction H&S Information) 3. Risk is managed on site by the principal contractor whose competence/Construction Phase H&S Plan is vetted by the client, again on the advice of the CDM co-ordinator.

The client therefore doesn’t need to be an expert he just needs to know that he needs professional advice from competent practitioners and not cut corners to avoid paying for this advice.

None of this should come as a surprise to any construction professional as it’s been openly debated for the last 18 months and the legislation has been in force since April this year.”

Avatar

About nickzsc

I'm a civil engineer and a lecturer in the Department of Real Estate and Construction at Oxford Brookes. Amongst others I have interests in problem-based learning (PBL) and improving the learning experience through the use of various technologies including 'Virtual Learning Enviroments', wikis and blogs. To be continued
This entry was posted in Health and safety, Uncategorized. Bookmark the permalink.

6,817 Responses to CDM (2007): Do the new regulations increase the scope of client liability for construction?

  1. Very well, typically the ipad certainly does not have several very important features. Yet truthfully I do believe The apple company do this intentionally in order that throughout 6 months roughly they will simply emerge with a whole new and updated ipad. They are an extremely clever organization and have an agenda with regard to almost everything. . -= Web page link Building’s continue weblog… Buy. edu Back links: The way to get. edu One way links through. edu Internet sites =-.

  2. You have to be capable to setup a new ruke intended for Kontiji acts along with khost with a the firewall. Also consider transferring download data file to different directory site, notice file position inside SBB controls, you may then see file together with your press gamer as being the license is linked to the data definitely not SBB, remen=mber to get rid of the first down load, This will perform I actually didn’t want to perhaps receive the computer software to be able to get a hold of. Happy I ran across in this article, shalln’t also make use of it right now. Dvd videos tend to be affordable ample today and plenty of better quality Happy anyone authored relating to this. The easiest way to reach Heavens is to record them to Offcom and in addition each viewer who also reads this could notify Watchdog, enough persons complaining about it can help it become newsworthy.

  3. AFAIK Grooveshark additionally does not suggest anyone everything. I actually have not discovered this kind of feature anyway, as well as Seems deploying it intensely during the last month or so. IMO Grooveshark is superior to Spotify while you can certainly tune in to an infinite amount of audio not having (audio) ads and then for free of charge. And if you have a free account you can also create your very own playlists. My partner and i wouldn’t mind learning the reason why Spotify possesses a really huge following basically (most regarding this fb pals are situated in Norwegian and also the Nieuwkoop, netherlands, and it’s also rather large there).

  4. I aquired photovault last week and that i ought to state On the web Happy along with it. The ipod devices touch’s image collection ended up being quite substandard i believe… THIS conversely is wonderful. My partner and i didn’t very need the capacity to code points away from (though its neat)- personally I purchased that so I might really coordinate this photos and never have to sit on a computer produce version utilizing i-tunes (VERY inconvenient).

  5. Avatar content says:

    ecigarette brands CDM (2007): Do the new regulations increase the scope of client liability for construction? | Nick SC’s interests
    content http://morarkango.com/cheap-e-liquid/electronic-cigarette-starter-kit-is-an-investment.asp

  6. I do believe all of the ideas you have presented
    for your post. They are really convincing and will certainly work.
    Still, the posts are too brief for newbies. Could you
    please extend them a bit from next time? Thank you for the post.

    Review my site … how To seduce girls

  7. Avatar domain says:

    What a stuff of un-ambiguity and preserveness of precious know-how about unpredicted emotions.

  8. Avatar Efrain says:

    They know the merchandise by the reputation of the product.

    The concept of these charitable hampers remains the same, however.

    Pins come in a variety of styles and are considered a nice
    little corporate gift that can be easily customized
    according to a company’s logo, name or design style.

  9. You can actually have a reason to show off if you are wearing a
    Burberry shirt. Every month, my brother-in-law would get
    a commission check. Sci-fi and fantasy horror films, such as “Thirteen Ghosts,” sometimes cannot avoid
    including nudity in its scenes.

  10. Avatar DIWALI SMS says:

    A nice, easy game to play, people can do it and chat
    at the same time. So now users can rip videos on the fly from their preferred mac
    devices. For luxury loving people the television manufacturer have innovated bathroom TVs
    which have served the purpose of real entertainment unwinding self from all day tiredness while bathing.

  11. EXCLUSIVE: Celebrated French artist Patrick Bruel on why he’s
    finally playing great britain for first-time in 30 years profession

    Patrick Bruel – meet up with France’s solution to The Manager
    France’s favourte son is just around the corner to the UK

    source: http://patrickbrueltour.wordpress.com/2014/08/02/wednesday-nov-05-2014-800pm-warner-theater-washington-dc/

  12. Acting professional and singer Patrick Bruel had been considered one of France’s biggest stars over the
    ’90s, first making their name as being a teen idol
    and leading a positive to traditional French chanson inside new millennium.
    Bruel was given birth Patrick Benguigui within Tlemcen, Algeria,
    on May 14, 1959. His / her father abandoned the household when Patrick was only
    a year old, and 1962, after Algeria gained its independence,
    his new mother moved to France, residing
    inside Paris suburb involving Argenteuil. A great soccer player in the youth, Patrick first
    chosen the idea of being a singer having seen Michel Sardou
    perform in 1975.

    As luck can have it, acting would get him his first achievements;
    first-time overseer Alexandre Arcady ran an advertisement seeking a man along with a French-Algerian (or
    “pied-noir” in French slang) accent for his video Le Coup de Sirocco.
    Benguigui (as he was still called) responded and received the part.

    The next year, he spent a in Nyc, where he achieved Gérard Presgurvic,
    later to be his primary songwriter.

    Source: http://karoliness.260mb.org/?attachment_id=413

  13. Understanding both advantages and disadvantages are important in order to choose the best internet marketing strategy.
    , it is best to go for affiliate marketing being an initial step into
    the world of generating impartial income from home.
    Efficiency: Many carriers provide multiple receive emails, so your fax messages are automatically
    delivered to whomever you intend.

  14. This will get you traffic to your site and make money.
    Today, lots of websites and blogs bring in unheard of
    income for their owners merely by promoting another’s company on their web pages.

    For more information visit: security gives you the
    protection from all kinds of worms, viruses and other problems.

  15. Each new age brought the criminal element forward with it.

    The says of free proxies and tunnelling services are over, and as the Chinese government begins to tighten its grip
    on what comes in and out of the country informationally speaking, the need for a vpn to bypass internet censorship in China grows every day.
    For more information visit: security gives you the protection from all kinds of worms,
    viruses and other problems.

  16. The backend part of your company supports these profit
    centers. Then consider yourself one of the few, true internet
    marketers. To report stolen email addresses at Yahoo, click
    Yahoo.

  17. Avatar domain says:

    It’s enormous that you are getting thoughts from this
    post as well as from our dialogue made at this time.

Leave a Reply

Your email address will not be published. Required fields are marked *