Element 1 Construction law And Management

Question 1

Identify the information that should be found in a health and safety file as required by construction design management regulations 2015

Answer 1

• A brief description of the work carried out
• Appropriate drawings of structures and lay outs of services
• Survey information eg asbestos and ground work plans
• location of services eg water gas electricity
• key structural issues and safe loading of floors roofs etc
• safety information regarding any hazardous substance or materials used
• information regarding maintenance issues eg window cleaning
• access to plant equipment and the methods that should be adopted eg safe access to roofs
• manufacturers instructions and Manuals for new equipment included in the project

Question 2

Describe the main duties of the client of a construction project as set out in the construction design management regulations 2015

Answer 2

The client must :

• make suitable arrangements for managing a project including the allocating of sufficient time and other resources
• ensure that these arrangements are maintained and reviewed throughout the project
• provide pre construction information as soon as is practicable to every designer and Co contractor appointed to the project
• ensure that before construction phase begins a construction phase plan is drawn up by the contractor or principal contractor

Question 3

Identify 4 duties of the designers of a structure as set out in the CDM 2015 regs

Answer 3

• Ensure the client is aware of their CDM duties
• Take account of and pre construction information to eliminate reduce or control health and safety risks
• provide information on risks to the principal designer
• ensure appropriate information is included in the health and safety file
• where risk cannot be avoided provide with the design sufficient information with design drawings and specifications to adequately assist the client, other designers and contractors to comply with their CDM duties

Question 4

Explain how the failures of designers to comply with their duties under these regulations can cause health and safety problems during the construction phase of the project

Answer 4

• Build ability issues such as consideration of propping, facade retention, retaining facilities, trench support, crane supports, form work, false work and scaffolding
• risks not addressed at design stage such as a failure to consider the risk of fire spread to nearby properties
• insufficient thought given to identification of appropriate suppliers and specifying safe materials such as led hazardous chemicals and lighter building blocks
• insufficient information such as dimensional criteria setting out and and space allowance given with design to enable risk recognition

Question 5

A local authority intends to renovate a canal as part of a proposed flood defence system. They plan to select a contractor to drain and clear a section of the canal prior to refurbishment.

(a) What are the responsibilities of the client (local authority) in making the appointment
(b) outline the information that the local authority might request from the contractor in order to establish their suitability for the job

Answer 5

(a) depending on rural or urban canal

While the local authority as a client has overall responsibility for approaching the contractor or principal contractor, a responsible to act as project coordinator from within the authority would act in the role of client making the appointment.

(b)
- experience and qualifications of the contractor

• information on the contractors accident record
• quality of the contractors safety policy document and method statements
• enforcement record
• outstanding enforcement notices
• training records of employees
• methods of selection of subcontractors

Question 6

Identify the information that should be found in the construction phase plan as required by the CDM regs 2015

Answer 6

• A description of the project such as key dates and details of key members of the project team
• the management of work including

The health and safety aim for the project
The site rules
Arrangements to ensure cooperation between project team members and coordination of their work, such as regular site meetings
Arrangements for involving workers
Site inductions
Welfare facilities
Fire and emergency procedures

-the control of any particular risk where they are relevant to the work involved

Question 7

What are the clients duties in CDM2015

Answer 7

• Make arrangements for managing a project including the allocation of sufficient time and other resources
• ensure that these arrangements are maintained and reviewed throughout the project
• provide pre construction information as soon as is practicable to every designer and contractor appointed to the project
• ensure that, before the construction phase begins a construction phase plan is drawn up by the contractor or principal contractor
• ensure that the principal designer prepares a health age safety file for the project

Question 8

Outline the duties of the principal contractor

Answer 8

• Plan, manage, monitor and coordinate the health and safety in the construction phase of the project
• prepare construction plan
• organise cooperation between contractors
• coordinate legal requirements for contractor health and safety
• liase with the principal contractor and share information relevant to the planning, management and monitoring of the pre construction phase and coordination of health and safety matters during the pre construction phase
• ensure that workers and consulted and engaged in securing their health and safety

Question 9

The duties of the designer under CDM 2015

Answer 9

• to ensure the client is aware of their CDM duties
• Take into account the general principles of prevention and any pre construction information to eliminate, reduce or control health and safety risks
• provide information on risks to the principal designer
• ensure appropriate information is included in the health and safety file
• provide with the design sufficient information to adequately assist the client, other designers and contractors to comply with their CDM duties

Question 10

What are the duties of the principal designer under CDM 2015

Answer 10

• prepare a health and safety file
• plan, manage, monitor and coordinate health and safety in the pre construction phase of the project
• identify, eliminate or control foreseeable risks and ensuring that designers carry out their duties
• prepare and provide relevant information to other duty holders in particular, principal contractors, to help them plan, manage, monitor and coordinate health and safety in the construction phase