Element 1 - Why we should manage workplace health and safety

Question 1

What are the 3 main societal drivers for managing H&S

Answer 1

**Moral reasons- doing the right thing. Morals are the codes of conduct, or rules of behaviour of what is right and what is wrong. it is morally right to ensure workers return home safe and healthy. When worker is injured it is their family, friends and coleague that also suffer.

Financial reasons - Avoid unecessary cosys and fees. Better H&S means better worker retention. Clients prefer businesses that have a good H&S record. Healthy workers are more productive.

Legal - Avoid criminal prosecution or civil case.

Question 2

What are the three methods to estimate the uninsured costs of accidents

Answer 2

1. On average, uninsured costs of accidents amount to 10x the insurance premiums paid
2. Uninsured losses from accidents in smaller firms add up to £315 per employee per year
3. The average uninsured cost of an accident causing absence from work of approximately £2100

Question 3

Discuss the HSE’s 2 methods for measuring uninsured costs.

Answer 3

1. The simple cost calculator.
   Works out the total cost of accidents per year by applying an average uninsured cost per accident type and multiplying it by the number of accidents per year. Types of accidents include:
   - Those causing absence from work = £2097 per occurance
   - Those only requiring first aid = £33 per occurance
   - Those causing damage to plant, equipment, but not people £141 per occurance
2. The incident cost calculator
   Records the main costs relating to an incident unising a comprehensive form. It records the time spend and cost for items such as dealing with the incident, investigating it, getting back to business, business costs, actions to manage reputation damage, sanctions and penalties etc.

Question 4

What type of insurance must all businesses have, what does it cover and what doesn’t it cover.

Answer 4

All employees must have Employers Liability Insurance so they can pay compensation for illness, injury or damage.
This is only a small part (iceberg tip) of the cost:

Insured costs =
* Injury
* ill health
* damage

Uninsured costs =
* Lost time
* extra wages/vertime
* sick pay
* production delays
* fines
* loss of contracts
* legal costs
* damage to product, plant, building & equipment
* clearing the site
* investigation time
* excess on insurance claims
* loss of business reputation

Question 5

HSE estimate that in Great Britain during 2017 / 18, new cases of occupa

The cost of work-related ill-health to organisations can be categorised across five main areas. What are these?

Answer 5

1. Sick pay
2. Insurance premiums - EL insurance and private health insurance
3. Production disturbance - costs for work reorganisation, recruitment, induction/replacement staff to maintain output
4. Administrative costs: dealing with sickness/insurance/compensation claims and conducting health surveilance.
5. Investigations & prosecutions: internal and legal costs from investigations and prosecution by HSE/local authority.

Question 6

In a series of case studies the HSE aimed to develop a way to accurately identify the full costs of accidents, what 2 categories did they use to identify the various costs.

Answer 6

Financial costs - basic costs incurred to return the business to the situation it was in before an accident happened. This covers both material and labour costs.

Opportunity costs (or lost opportunity costs) include those incurred through people stood idle or being unproductive as a result of dealing with the consequences of an accident, and energy costs from plant running idle and buildings being lit and heated.

Question 7

Describe the 2 branches of UK law

Answer 7

Criminal law:
* where the individual or organisation commits a crime that poses a threat to the H&S of others - ie breach of Act or Regulations
* it is an offence against society
* prosecution is by the enforcing authority/ Crown prosecution sevice
* tried in the criminal courts.
* determines guilt
* Loss is not necessary for action
* Seeks to punish for breach of law
* Guilt proven beyond unreasonable doubt
* Can’t be insured against
* punishment includes fines & imprisonment

Civil Law
* if an individual suffers loss (injury / ill-health or death) the victim, or their dependants, may instigate legal proceedings (sue) for damages in the civil courts.
* where the individual or organisation is held responsible for the harm of others due to negligence
* Injured person may sue under the tort of negligence or under the rort of breack of statutory duty.
* Civil wrongs
* wrong to an individual
* action taken by injured party
* determines liabilitiy
* loss is necessary for action
* seeks compensation for loss
* liability proved on the balance of probabilities - one argument needs to be more convincing than the other.
* Can be insured against

Question 8

In civil courts, a claimant may sue under the tort of negligence or under the tort of breach of statutory duty.

For the injured party (claimant) to succeed in a negligence claim, what 3 things must they must prove?
Negligence may be explained as ‘careless conduct injuring another’, or a ‘breach of the common law duty of care’.

Answer 8

1. that the defendant (usually the employer) owed the aclimant a duty of care. The requirements for duty of care to exist are;
   * A reasonable person would have foreseen the damage
   * There is a ‘neighbour’ relationship between the defendant and the claimant. includes, Employer to employee, emploer to contractors and contracotrs to employees and occupiers to authorised visitors.
   * It must be fair, just and reasonable to impose the duty.
2. that this duty was breached - DOC is breached if the defendance has not exercised the reasonable care expected of a reasonable person.
3. the breach is the cause of the injury/loss. The claimant must prove on the balance of probabilities that the defendants breach caused the harm and that the harm wouldn’t have occured otherwise.

Question 9

In civil courts, a claimant may sue under the tort of negligence or under the tort of breach of statutory duty.

What 5 conditions must be met in order for a claimant to sue due to breaching a relevant statute?

Answer 9

• the statute must have been breached
• the statute must apply to the claimant, i.e. an employee can only sue if the statute applies to employees
• the statute must have been designed to prevent the type of injury incurred by the claimant
• The statute must state that a person can sue due to a breach of it.
• the injury/loss must have been caused by the breach of statute.

Question 10

The law is made in two different ways, i.e. there are two sources of law – what are they?

Answer 10

Common law: historically this meant law that was not local but was common to all of England. More usually the phrase means law that is not the result of legislation. Court decisions establish law through a system of precedents. Employers Duty of Care is an example.

Statute law: or legislation is law made by Parliament as an Act of Parliament, or a statutory instrument (e.g. Regulations) made under powers within an Act of Parliament.

Statute law takes priority over common law and may be enacted to address a perceived inequity in the common law. Common law often aids the interpretation of statute law as terms are debated in the courts based on the facts of a real case.

Question 11

Civil Law

The damages (compensation payments) that can be recovered as a result of a successful personal injury claim via the civil courts fall into two categories - what are they?

Answer 11

In principle the claimant is entitled to full compensation for any losses incurred. The intention is to put the complainant in the same position as if the tort had not been committed.

General damages – Actual / probable loss of future earnings, to be incurred after the case, including costs for physical pain, suffering, impairment, disfigurement, mental anguish, loss of companionship and reduced quality of life. The amount of compensation available for general damages is dependent on the type and severity of the injury or illness, and the duration of the effects.

Special damages – Quantifiable losses incurred before the case, mainly loss of earnings, earning capacity and medical expenses.

Question 12

Civil Law

What 3 factors may affect the level of damages incurred as a result of a civil injury claim?

Answer 12

Contributory negligence
When the claimant’s own carelessness contributes to the injury or loss. It is partly the claimant’s own fault and partly the fault of another (the defendant).
Damages will be reduced to the extent that the court think is fair, having regard to the claimant’s share of responsibility

Vicarious liability
Makes a person liable for the acts or omissions of another person.
It is useful to remember that there are three parties involved in cases involving vicarious liability at work: the employer, the employee, and an injured person.
Therefore, if an employee, injures another person, the employer will be held vicariously liable for the losses incurred by the injured person.

Limitations Act 1980
Sets a time limit of 3 years from the date of the negligence or in the case of
disease three years from the date of diagnosis for starting proceedings for claiming compensation for personal injury.
This limit may be extended if the injured person is suffering from mental disability, for minors (under 18 years of age on the date that they were injured) the three year period does not start until the eighteenth birthday.

Question 13

Criminal Law

In H&S, what are the 4 main sources of information regarding criminal law?

Answer 13

1. Acts of Parliament - a law passed by government.
   The Health and Safety at Work etc. Act 1974 (HASAWA / the Act) is the main health and safety legislation in the UK. Failure to comply = fines/imprisonment.
2. Regulations - Section 15 of HASAWA enables the Secretary of State to make health and safety Regulations. Breach of a regulation is a criminal offence.
   Regulations are usually:
   * more detailed than the general duties of HASAWA
   * specific to particular hazards
   * prompted by European Directives
   * intended to protect employees at work.
3. Approved Codes of practice - give practical advice and examples of good practice on how to comply with the law.
   - Following advice in a CoP ensures compliance with relevant regulations.
   - If an organisation doesn’t comply via an ACoP and a suite is filed against them, the org would have to prove they complied with the regulations in another way. If they cannot prove this they may be found at fault.
4. Guidance - aids understanding of the law to help compliance. Not compulsory but following guidance will often ensure legal compliance.

Question 14

Criminal law

What are the 3 Levels of statutory duty?

Duties in health and safety law may be absolute, ‘practicable’ and ‘rea

Answer 14

Absolute Duty
Must be comploed with. ‘shall’

Practicable
If it can be done, then it must be done. No consideration of cost/risk.

Reasonably practicable
Degree of risk should be balanced against the cost of controlling it. greater risk = greater controls. Onus is on the duty holder to prove they are doing all that is reasonably practicable.

Question 15

List 2 enforcement agencies and the type of workplace/activity they would operate in

Answer 15

The Health and Safety Executive (HSE) and Environment Agency enforces at higher risk workplaces such as construction sites and factories.

Local Authorities (Usually Environmental Health Officers – EHOs) enforce at lower risk premises such as retailers, offices and warehousing.

Question 16

List some of the 9 powers of authorised H&S inspectors

Answer 16

• enter premises without permission or prior notice
• take a police constable with them if needed
• take any other person authorised by their enforcing authority, such as a specialist
• take any equipment needed
• order that areas be left undisturbed
• take measurements, photographs and samples
• inspect and take copies of relevant documents
• Seize any article or substance which they have reasonable cause to believe presents an immediate danger of serious personal injury and have it made harmless/destroyed
• interview and take written statements
• any other power deemed necessary to carry into effect any of the relevant statutory provisions within the inspector’s field of responsibility

Question 17

Identify and describe the 6 types of enforcement actions/tools that an inspector has available to them

Answer 17

Informal advice: based on risk level and management cooperation. if actions are completed on time no formal action will be taken.

**Improvement notice: ** when H&S legislation is contravened. has to allow at least 21 days for completion of works. An appeal can be made within 21 days which suspends the notice until the appeal is held.

Prohibition Notice: where deamed a risk of severe injury, it prohibits work that may cause injury either immediately or deffered depending on level of risk. If appealed the notice will remain in effect until the hearing.

Prosecution - in criminal courts either magistrates or crown. Both can award unlimited fines, magistrates can imprison up to 6 months, crown court up to 2 years.

Simple / formal caution - for low level, mostly first time offenders when the offender admits guilt, there is realistic prospect of conviction and the offender agrees to receive a caution.

**Fees for intervention **- cost recovery scheme where offenders may be liable to contribute an hourly fee to the cost of enforcement action.

Question 18

HASAWA 1974

What is the basis/key objectives of the HASAWA 1974

Answer 18

THe HASAWA is the basis of UK H&S Law. It sets out the general duties for employers and employees to:
* securing the health, safety and welfare of people at work
* protecting people other than those at work against risks to their health and safety arising out of work activities.

It covers;
* Employees
* Employers
* Suppliers
* Self employed
* Landlords
* importers
* Designers
* Manufacturers

Question 19

Discuss the duties as set out in the HASAWA74 -

Section 2 – General and specific duties of employers to their employees

Answer 19

1) General Duty - Every employer has to ensure, ‘so far as is reasonably practicable’ to the health, safety and welfare at work of all his employees.

2) Specific Dutes - so far as is reasonably practicable include:
* providing and maintaining plant and systems of work
* ensuring health and safety with the use, handling, storage and transport of
articles and substances
* providing information, instruction, training and supervision to employees
* maintaining the workplace in a healthy and safe condition, including any
means of access and egress
* the provision and maintenance of a safe and healthy working environment with adequate facilities and arrangements for the welfare of employees at work.

3) H&S Policy The employer has an absolute duty to prepare and revise, a written H&S policy and all employees should be aware of it.

4) Regulations for safety reps - The Secretary of State can make Regulations allowing recognised trade unions to appoint safety representatives and employees to elect dafety reps from among employees.

6) Consult safety reps - The employer has an absolute duty to consult safety representatives regarding employee cooperation in promoting and developing and checking measures

7) Safety committee - The employer has a duty to establish a safety committee if requested by safety reps.

Question 20

List the main sections (section number and title) of the HASAWA’74

Answer 20

Section 2 – General and specific duties of employers to their
employees
Section 3 – Duties of employers and self-employed to others
Section 4 – Duty of person in control of premises for health and safety of non-employees
Section 6 – Duties of designers, manufacturers, importers, suppliers
and installers
Section 7 – General duties of employees at work: Every employee has to follow these 2 duties: 1) to take reasonable care fof themselves and others. 2) to co-operate with his employer so they can comply with their duties.
Section 8 – Duty to not interfere with or misuse anything provided in
the interests of health, safety or welfare. Imposed on all people including children and members of the public.
Section 9 – Duty of employer not to levy a charge on employees. Can’t charge for anything to comply with H&S
Section 36 – Offences due to fault of another person. ie consultants can be charged for incorrect advice to a company that leads to a breach.
Section 37 – Offences by a body corporate: Where an offence by a corporate is committed with the consent, connivance, or neglect of any director, manager, secretary or similar officer, the individual may also be charged
Section 40 – Onus of proving limits of what is practicable etc (not examinable).
Section 47 – Civil liability - doesnt allow civil proceedings under tort of stat duty.

Question 21

Discuss the duties as set out in the HASAWA74 -

Section 3 – Duties of employers and self-employed to others

Answer 21

Every employer and self-employed person has a duty to ensure so far as is reasonably practicable, that persons not in his employment are not exposed to risks due to work relating to their organisation.

The self employed persons duties only apply to work in agriculture, asbestos, construction, gas installation, genetically modified organisms and the railways.

Self-employed persons are also required to protect themselves from risks

The section also allows for Regulations to be made requiring the employer / self-employed person to provide relevant health and safety information to non-employees.

Question 22

Discuss the duties as set out in the HASAWA74 -
​
Section 4 – Duty of person in control of premises for health and
safety of non-employees

Answer 22

Any person who has control of:
* work premises
* the means of access or egress
* any plant or substance in such premises.

Has a duty to take all reasonable measures to ensure they are safe and without risks to non-employees who use non-domestic premises as a place of work or as a place where they may use plant or substances provided for their use.

The duty overlaps with the general duties of sections 2 and 3, which would take precedence when there is clearly an employer’s duty. The aim is to place a duty on whoever has the power to remedy a hazard.

Examples of the application of this duty include:
* coin-operated launderettes used by members of the public – if no one is employed there will be no employers duty, however the business owner would have some control of the premises and therefore have a section 4 duty
* a maintenance contractor servicing a lift in the common parts of a multi-occupied office block – if there is no obvious employer’s duty the landlord or site agent would have duties under section 4.

Question 23

Discuss the duties as set out in the HASAWA74 -

Section 6 – Duties of designers, manufacturers, importers, suppliers
and installers

Answer 23

Any persons who designs, manufactures, imports, or supplies any article or substance for use at work has duties to ensure so far as is reasonably practicable:
* that it is safe and without risks to health when properly used
* research, testing or examination is properly undertaken where necessary
* adequate information is provided to ensure its safe use.

Erectors and installers have a duty to ensure that nothing about the way in which an article intended for work is erected or installed makes it unsafe or a risk to health when properly used.

The Section covers:
* new and second hand articles designed for use at work (including fairground equipment), whether for sale or hire, and their component parts
* items which though capable of domestic use are designed to be used also at work (The safety of goods intended for domestic use is subject to Consumer Protection legislation)
* all substances, including micro-organisms, which are supplied to workplaces.

Question 24

The Management of Health and Safety at Work Regulations
Give a brief overview of Regulations 3, 4, 5, 7, 8, 9, 10, 13, 14, 16, 18, 19

Answer 24

Regulation 3: Risk assessment
* absolute duty on employer (or self-employed person) to make a ‘suitable
and sufficient’ risk assessment of the risks that anyone may be exposed to in connection with their work.
* requires a specific risk assessment for young persons
* requires review and revision following changes or lapses in validity
* employers, with five or more employees, keep a record of the significant findings

Regulation 4: Principles of prevention to be applied
Requires the employer to implement preventive and protective measures based on the principles of prevention (as specified in Schedule 1 of the Regulations).
a) avoiding risks
b) evaluating the risks which cannot be avoided
c) combating the risks at source
d) adapting the work to the individual
e) adapting to technical progress
f) replacing the dangerous by the non-dangerous or the less dangerous
g) developing a coherent overall prevention policy
h) giving collective protective measures priority over individual protective measures
i) giving appropriate instructions to employees.

Regulation 5: Health and safety arrangements/Management Controls
The employer is required to implement appropriate management controls to ensure the effective planning, organisation, control, monitoring and review of the preventive and protective measures

Regulation 7: Health and safety assistance
* The employer is required to appoint a competent person or persons to assist in complying with the legislation.
* The number of persons appointed, and the resources available (time and other means) must be adequate, for the size and hazard profile of the organisation.
* Where more than one person is appointed arrangement must be made for ensuring adequate cooperation.
* Where a non-employee (e.g. consultant) is appointed the employer must provide him with information required under Reg. 10 and any factors known to affect the health and safety of employees or others.
* A person is regarded as competent if they have sufficient training and experience or knowledge and other qualities to enable them to properly undertake the role.

Regulation 8: Procedures for serious and imminent danger and for
danger areas
The employer is required to:
* implement & communicate procedures to be followed in the event of serious danger in the workplace
* appoint a sufficient number of competent persons to implement evacuation procedures
* restrict access to ‘danger areas’ to those employees who have received adequate instruction and training regarding the risks and controls.

Regulation 10: Information for employees
The employer should provide employees with relevant, comprehensible information regarding:
a) the risks to their health and safety
b) the preventive and protective measures
c) the procedures for serious danger, and danger areas including persons appointed for evacuation procedures
d) the risks created by another employer while sharing a workplace (see Reg. 11).

Regulation 13: Capabilities and training
An employee’s capabilities for health and safety must be taken into account before they are given work
Employees are to be provided with adequate health and safety training: on recruitment and on being exposed to new or increased risks because of changes of responsibility, work equipment, new technology or new systems of work.

Regulation 14: Employees’ duties
All employees’ are required to:
* use machinery, equipment, dangerous substance, transport equipment, means of production or safety device in accordance with health and safety training and instruction
* inform the employer of any danger to health and safety
* Inform the employer of any shortcomings in the protection arrangements for health and safety

Regulation 16: Risk assessment in respect of new or expectant mothers
* RA should civeer any risk
* Biological risk from infectious or contagious disease is only relevant if the risk of exposure at work is greater than the risk of exposure outside of the workplace.
* Where risks cannot otherwise be addressed and it is reasonable to do so the employer should alter her working conditions or hours of work or suspend the employee from work for so long as is necessary to avoid such risk.

Regulation 18: Notification by new or expectant mothers
The employer is only obliged to take action once the employee has notified him in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.
The employer is not obliged to take action where:
* an employee fails to produce a medical certificate within a reasonable time of being requested to
* do so in writing by her employer
* the employee is no longer a new or expectant mother
* the employer cannot establish whether she remains a new or expectant mother.

Regulation 19: Protection of young persons
Young persons’ require protection from any risks to their health or safety at work which are a consequence of lack of experience, or absence of awareness of existing or potential risks, or a lack of maturity.
A young person may not be employed for work which:
a) is beyond his physical or psychological capacity
b) involves harmful exposure to: toxic or carcinogenic substances, radiation, extreme cold or heat, noise or vibration.
c) involves a risk of accidents which may not be recognised or avoided by young person’s owing to their insufficient attention to safety or lack of experience or training.
Unless the work is necessary for his training, under the supervision of a competent person, and the risk is reduced to the lowest level that is reasonably practicable.

Question 25

CDM case study.

If a client appoints a contractor, and the contractor appoints a sub contractor, what legal duties (sections of the HASAWA) apply to the client, contractor and sub contractor

Answer 25

Client and contractor have general duties under section 2 to any sub-contractors.

Client and contractor would have duties under section 3 to any non-employees

Each employee has duties under section 7 to cooperate with their employer and take reasonable care of their own safety

Reg 11 of the Management of H&S at work regs required employers sharing a workplace to co-operate and coordinate their activities to ensure the H&S to all.

Question 26

CDM

Where clients use contractors there are shared responsibilities for ensuring the health and safety of workforces and others.
Why would a contractor’s employee be at a greater risk than the client’s employee whilst working on the client’s site

Answer 26

• unfamiliarity with the client’s site
• unfamiliarity with the client’s site rules and procedures
• often contractors are used for high risk activities
• lack of appropriate training
• poor supervision.

Question 27

CDM

What is the HSEs 5-step approach to managing contractors and ensuring safe working. Explain each step

Answer 27

Step 1: Planning
* Defining the job - The client should clearly identify all aspects of the work they want the contractor to do, including work falling within the preparation and completion phases.
* Risk management - The client should have an existing risk assessment for their business activities. The contractor role is to assess the risks for the contracted work. The client, contractor (& sub-contractor) need to agree the risk assessment for the contracted work and any control measures.
* Specify conditions - Contractors must be made aware of the expected standards of performance. The following should be shared: Health and safety
arrangements, procedures, permit systems and safety policy statement

Step 2: Choosing a contractor
* Contractors will be selected based upon a range of criteria including: availability, cost, technical competence, reliability and health and safety.
* The client has to satisfy themselves that the contractor is competent. this could be via a pre-tender questionnaire or 3rd party approval schemes showing successful similar jobs (CHAS/SafeContractor).
* A PTQ should check: experience, health and safety policies and practices, recent health and safety performance, qualifications / skills, selection procedure for sub-contractors, or their safety method statement, arrangements for training/supervision/ consulting the workforce, independent assessment of competence, memberships of relevant trade or professional body.
* Once appointed, pre-commencement meetings will be required to clarify responsibilities and to ensure effective management arrangements are in place.

Step 3: Contractors working on site
Arrangements will be required to make sure:
* the contrators are competent
* the movements of contractors on site are managed(eg. sign in controls/PTW)
* numbers of persons and supervisors are confirmed
* correct equipment is provided
* access and egree to the location are agreed
* PPE is used
* SSW are understood
* PTW are in place
* reporting, communications and monitoring arrangements are agreed
* Information instruction and training are provided
* regular meetings are set to ensure sooperation
* The workforce are involved in all arrangements
* There is sufficient supervision and management

Step 4: Monitoring the contract
* All parties should monitor performance to ensure risk assessments are current and control measures are working.
* The frequency of monitoring depends on the risks
* Contractors re responsible for day-to-day checks and clients should make periodic checks on the contractor’s performance.
* proactive and reactive monitoring should be used
* client should take action to ensure work is undertaken to the required standard.

Step 5: Reviewing the work
* Both the client and the contractor should review the work after completion to see if performance could be improved in future.
* The client should review both the job and the contractor. Consideration should be given to: 1) the effectiveness of the planning, 2) the contractor’s performance, 3) how smoothly the job went.

Question 28

CDM

Construction (Design and Management) Regulations 2015 (CDM) aims to **integrate health and safety into the management of a construction project **

What does CDM require?

Answer 28

• a realistic project programme with adequate time allowed for planning, preparation and the work itself
• early appointment of duty holders
• sufficient information, instruction, training and supervision to enable all duty holders to carry out their jobs safely
• early identification and reduction of risks using principles of prevention
• co-operation and communication between duty holders and coordination of work
• consulting with and engaging workers
• health and safety resources proportionate to the risk and complexity of the project

Question 29

What must all CDM projects have (3)
What must they have when more than 1 contractor is involved (2)
When must the client notify HSE? (2)

Answer 29

All projects must have;
1. Workers - with the right skills, knowledge, training and competence
2. Contractors - providinng adequate supervision, instruction and information
3. A written construction plan

When more that 1 contractor is involved, they should additionally have;
1. Principle designer and contractor appointed
2. A H&S file.

Project must be notified to HSE is it;
1. lasts longer than 30 wiring days and has more than 20 workers working simultaneously at any point
2. exceed 500 person days (number of working days x number of workers)

Question 30

When should a project be notified to HSE and what should be included in the notification and what should be done with it.

Answer 30

Notify as soon as practical before project commences.

Copy to be displayed in the site office.

The notice must contain the following (as specified in Schedule 1):
* the date of forwarding the notice
* the address of the construction site or precise description of its location
* the name of the local authority where the construction site is located
* a brief description of the project and the construction work that it entails
* the clients contact details – name, address, telephone number and (if available) an email address
* the principal designers contact details – name, address, telephone number and (if available) an email address
* the principal contractors contact details – name, address, telephone number and (if available) an email address
* the date planned for the start of the construction phase
* the time allocated by the client for the construction work
* the planned duration of the construction phase
* the estimated maximum number of people at work on the construction site
* the planned number of contractors on the construction site
* the name and address of any contractor already appointed
* the name and address of any designer already appointed
* a declaration signed by or on behalf of the client that the client is aware of the client duties under these Regulations.

Question 31

CDM

Describe the roles and duties of the following within CDM
Client
Domestic client
Designer
Principle Designer
Contractor
Principle Contractor
Worker

Answer 31

Client - The organisations or individuals for whom a construction oroject is carried out
Duties are to make arrangements for managing the project including;
* Appoint other duty holders
* Allocate time and resources
* ensuring pre-construction info, CPP, H&S file are prepared and shared
* Ensuring the PD and PC carry out their duties
* Provide welfare

Domestic client - has construction work carried out in their home, not part of a business
Duties;
* Are normatlly transferred to a contractor (single contract job) or principle contractor (multiple contractor job).
* Can have a written agreement for the PD to carry out client duties.

Designer - Anyone that prepares or modifies designs for a building, product or system
Duties;
* reduce/control foreseeable risks when preparing/modifying designs. that may arrise in construction or the maintenance of a building once built.
* Provide info to project team members to help them fulfil their duties.

Principle designer - Appointed designer for projects including more than one contractor. Can be an org or an individual.
Duties;
* Plan, manage, monitor and coordinate H&S in the pre-construction phase
* identify & eliminate & control foreseeable risks
* ensure designers carry out their duties
* provide pre-construction info to other duty holders
* provide pre-con info to the PC to help them plan, manage monitor and coordinate H&S

Contractor - an individual or company that does the construction work
Duties;
* plan, manage and monitor their construction work without risk
* when more than 1 contractor - coordinate activites with the team and comply with directrions from PD / PC
* Prepare CPP for projects with 1 contractor.

Principle Contractor - appointed by client to coordinate the construction of a project with more than 1 contractor.
Duties;
* plan, manage and monitor and coordinateH&S in the construction
* liaise with client and PD
* Prepare CPP for projects with more than 1 contractor
* Coordinate contractors work
* provide site inductions

Worker - the people who work for or under control of contractors
Duties;
* be consulted about matters affecting their H&SW
* take care of their oen H&S and others who may be affected by their actions
* REport anything likely to endance them or others
* cooperate with employer, workers,contractors and other duty holders

Question 32

Pre-construction information

The client must provide Pre-Construction H&S information to designers and contractors. This helps create the CPP and H&S file.

What information should it contain

Answer 32

The information must
* Be relevant to the project
* Have appropriate level of detail
* be proportionate to the risks
* Be added to as the dsign process progresses.

The information should include;
* client brief
* Expoected start/finish time
* time neded before commencing construction
* Contact details of duty holders
* sequence of work
* methods of communication and cooperation between duty holders
* all design characteristics
* Significant design risks
* suggested work methods
* temporary or enabling work
* coordination of ongoing work
* boundary limits
* adjacent land and [roperty use
* ground conditions, existing structures
* Health hazards
* security controls
* welfare favilities on site
* fire precautions
* restricted areas
* traffic and transport safety

Question 33

CPP

What should the CPP of the project outline? (3)

Answer 33

The CPP outlines how risks will be managed.

The client must ensure that a construction phase plan outlines
* the health and safety arrangements for managing the significant health and safety risks associated with the construction phase of a project, ie How risks will be managed
* the site rules
* any specific measures concerning any ‘work involving particular risks’ as listed in Schedule 3 of CDM 2015 such as
1. burial inder earthfalls, engulfment in swampland or falling from height.
2. chemical/biological substances
3. ionizing radiation
4. high voltage power lines
5. drowning
6. wells/underground earthworks/tunnels
7. work by divers with a system of air supply
8. caissons with a compressed air atmos
9. explosions
10. assembly/dismantling of heavy prefabricated components.

Question 34

the CDM H&S file

Who should manage the H&S file
What is the purpose of the H&S file
What should be included in the H&S file.

Answer 34

The file is only required for projects involving more than one contractor.

Client must ensure the PD starts the H&S file before the construction phase. Info is then added throughout the cycle and it is handed to the client at the end. PC takes over responsibility if the PD leaves during the project.

Designers must include information on the steps they’ve taken to control risks

It’s purpose is to provide the client with H&S infor that can be used when planning future work on the structure.

The H&S file should include;
1) a brief description of the work carried out
2) any hazards that have not been eliminated through the design and construction processes, and how they have been addressed (e.g. surveys or other information concerning asbestos or contaminated land)
3) key structural principles (e.g. bracing, sources of substantial stored energy – including pre- or post-tensioned members) and safe working loads for floors and roofs
4) hazardous materials used (e.g. lead paints and special coatings)
5) information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting such equipment)
6) health and safety information about equipment provided for cleaning or maintaining the structure
7) the nature, location and markings of significant services, including underground cables, gas supply equipment, and fire-fighting services
8) information and as-built drawings of the building, its plant and equipment (e.g. the means of safe access to and from service voids and fire doors).

The level of detail in the health and safety file should be proportionate to the risks and the file should not include things that will be of no help when planning future construction work. All Information should be clear, concise and easily understandable, and in a conveniently accessible form.