The Construction (Design and Management) Regulations 2007 (CDM) requires all construction clients to be responsible for Health and Safety when construction work is carried out on their premises. This includes new buildings, extensions or refurbishment. Historically the Local Authority would have provided surveyors to oversee the procurement process for such work including ensuring the contactors and designers were competent and working safely. With the increase in direct funding these appointments and responsibilities can now fall to the school governors and staff, if you place an order with an architect or a builder you are a construction client.

Whilst this is an important issue it should not be a barrier to moving forward with your project as the construction industry is able to provide support and assist in the management of health and safety. Indeed, as a client if you follow the guidance in the CDM approved code of practice (ACoP) you will (quote) "not be criticised if the company you appoint subsequently proves not to be competent".

So, what do you need to do and why?

Historically clients would arrange quotes for building work from a number of contractors, accept the cheapest quote and let them "get on with it". No checks were made on competence, accident history or indeed how the contractor planned to carry out the work. Often the price was lowest because insufficient allowance had been made for safety precautions such as fencing, scaffolding etc. and an accident would result. The government introduced the CDM regulations to place responsibility for health and safety with the client with the need to check competence, allocation of resource, suitable working methods etc.

The government has also recognised that many clients do not have the knowledge or expertise to make these checks and judgements so there is a requirement on lager projects (greater than 30 working days) for clients to appoint  a CDM "coordinator"  (CDM-C) to carry out these checks and apply judgment on the clients behalf. This appointment effectively transfers the client's responsibility to the CDM-C and the contractor.

Clients legal responsibilities are as follows:-

• Appoint a CDM-C and ensure he/she is competent, at the concept stage of the project.
• Notify the HSE of the project
• Appoint designers & a principal contactor and ensure all are competent
• To ensure adequate resource is allocated to the project
• To ensure adequate time is allocated to the project, planning and execution
• To supply information about the site and it's hazards
• Ensure that there are adequate management arrangements throughout the project
• Ensure there is an adequate health and safety plan and that it is implemented
• Ensure adequate welfare facilities during the works
• Ensure a Health and Safety File is produced at the end of the project which holds information related to safe maintenance activity.

The appointment of a CDM coordinator is critical to not only ensuring a high standard of health and safety on the project but also to protecting the liabilities of the client. The CDM-C himself needs to be competent and the ACoP provide guidance on this. It is recommended that the appointee is professionally qualified in both a construction discipline and health and safety (including enrolment on a professional register) and have direct technical knowledge and experience relevant to the proposed work.

It is important to engage a CDM-C early in the project (at the same time as the Architect) so that all the required checks can be made. A free information pack on client responsibilities and actions is available from Integrated Health and Safety including how to appoint a CDM-C and a register of independent consultants.

A free CDM information pack is available from Integrated Health and Safety Ltd    smaddock@ihsafety.co.uk or visit http://www.ihsafety.co.uk/