HEALTH & SAFETY NEWS UPDATE – 6TH AUGUST 2015

IN THIS UPDATE

Introduction

CDM 2015 Principal Designer Role – FAQs

Powered Gates

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

HSE and HMRC working together for you – growing your business

Introduction

It’s been four months now since The Construction (Design & Management) Regulations 2015 (CDM 2015) came into force, replacing CDM 2007. As virtually everyone involved in a construction project has legal duties under the regulations, it’s not surprising that the HSE has received many enquiries since the change, including those about the role of the principal designer (PD), and we open this week’s update with the HSE’s answers to some of these questions.

Following the deaths five years ago of two children after becoming trapped in powered gates, the HSE issued the following safety notices (click on the links):

http://www.hse.gov.uk/safetybulletins/electricgates.htm

http://www.hse.gov.uk/safetybulletins/electricgates2.htm

Whilst, thankfully, there have been no similar reports since then (as far as we are aware), a research report recently published by the HSE has highlighted several safety related inadequacies in the design of powered gates and so this week we’re looking at the responsibilities of those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe.

Is your business hampered by regulations? Whilst we join the HSE in encouraging a “common sense” approach to health and safety, we’re certainly aware of constraints faced by our clients when trying to comply with regulations. RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) is a common example. Of course we’re happy to help, where we can, in helping clients overcome these issues but we welcome the move by the Department of Business, Innovation and Skills (BIS) in launching a new twitter account to encourage business, and in particular, small business, to highlight issues they have.

Additional issues/concerns are faced by small businesses as they start to grow or take on more employees, and HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations likely to be faced. You can find out more about/register for this at the close of this update.

Our next update will be published at the end of this month, after which we’ll keep you updated on a weekly basis. But if you have any queries in the meantime, please don’t hesitate to contact us on 07896 016380, at Fiona@eljay.co.uk or via our website. Alternatively, check out the HSE website (http://www.hse.gov.uk/) where you’ll be able to find the answers to many frequently asked questions.

CDM 2015 Principal Designer Role – FAQs

The Health & Safety Executive (HSE) has received many enquires on The Construction (Design & Management) Regulations 2015 (CDM 2015) and they will be updating their web pages (http://www.hse.gov.uk/construction/cdm/2015/index.htm) with further information in due course.

In the meantime, here are a couple of answers to some frequently asked questions about the role of the principal designer (PD).

Who can carry out the role of the principal designer (PD)? 

The PD must be a designer – an architect, consulting engineer or quantity surveyor, or anyone who specifies and alters designs as part of their work.  They can also be clients, contractors and trades people if they carry out design work or arrange for or instruct persons under their control to do so.

They must have the right mix of skills, knowledge and experience (SKE) or organisational capability to carry out all the functions and responsibilities assigned to them in Regulations 11 and 12 and have control over the pre-construction phase.

Commonly, the PD is likely to be:

For larger projects – a design practice or a technical department of a principal contractor e.g. a principal contractor doing design and build;

For smaller projects – a self-employed architect/technician, small design practice, a project management company, a client’s internal estates management team, or even a specialist tradesperson such as an electrician where they lead on the design function;

So long as they meet the criteria of;

– being a designer;

– having the relevant SKE or organisational capability, and;

– being in control of the pre-construction phase.

Does CDM 2015 require the principal designer to be a member of the project design team? 

No.  The PD must be appointed by the client as soon as it is established that more than one contractor is or is likely to be working on the project to plan, manage, monitor and control the design stages.

If the client gets it right and appoints the PD early at the concept stage, then the appointment should commonly take place before the project design team has been fully identified or assembled.

The PD may provide their own design team, appoint a team or manage and control any team appointed by others.

Whatever the model, which provides maximum flexibility for the client, – the PD must be able to prove to the client that they have the SKE or organisational capability to fulfil all the functions – proportionate to the nature, size, complexity and risk profile of the project.  Once in place, the PD should be in control of the design team so that they, and the design team, can carry out their roles effectively.

Can a client carry out the role of the principal designer? 

Yes. If a client fails to, or decides not to appoint a PD the law provides that the PD role is automatically assigned to the client.

Many clients will choose to take on the PD role themselves but irrespective of whether by choice or otherwise, the client must have the SKE or organisational capability to fulfil all the PD functions and responsibilities effectively.

Powered Gates

In the light of recently published HSE research report RR1056 – ‘Critical analysis of safety related design of powered gates’ – which highlights several safety-related inadequacies and suggests alternative safety measures, those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe, may be seeking clarification of their responsibilities.

The HSE web page ‘Powered gates’ (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/introduction.htm) provides information and guidance (including the following – click on the links for more info) for safety on the design, construction, supply, and use, inspection, examination and maintenance of powered gates:

Basics on risks, safety and the law (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/basics.htm)

Risks from powered gates

Powered gates can give rise to a number of significant hazards, including those from being:

– hit by the moving gate

– crushed against fixed and / or other moving parts

– trapped between fixed, moving and other parts

– caught on moving parts, eg gears

– electrocuted, as most are powered by electric motors, or controlled electrically

– affected by hydraulic or pneumatic parts, where these are present

Responsibilities of designers, manufacturers, installers, owners, repairers, etc (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/responsibilities.htm)

Owners, occupiers and users

While the responsibility for safe design / construction and installation may rest with others, the owner / user should ensure that the installed product is safe, and kept safe. In particular they should study the User Instructions that must come with the product, assessing what servicing and inspection / safety checks may be necessary.

More on Safety by design/construction, when in use, or following maintenance (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/safety.htm)

Maintaining for safety

Component parts can wear and fail, sometimes catastrophically. Like most machinery, powered doors and gates need to be maintained to remain safe. Powered gates forming parts of workplaces or in common parts of residential complexes will be subject to health and safety law. Owners, occupiers, landlords and managing agents will have on-going responsibilities for the safety of all users and all those who may encounter the gate.

Powered Gate FAQs (http://www.hse.gov.uk/work-equipment-machinery/faq-powered-gates.htm)

What are the risks with powered (automatic) doors and gates, and how can they be controlled?

What if I think a gate is unsafe?

I’m a domestic householder, do I have to do anything?

I own a commercial/industrial premises, what do I have to do?

I install doors and gates, what must I do?

As a maintenance contractor, what do I have to do?

What are the main safety requirements for these machines?

What does the law say?

Where can I get more information?

Our comment

We check the operation of powered gates when carrying out health & safety inspections of commercial and residential property. Optical/stop sensors should operate satisfactorily, and confirmation should be provided that the gates have been risk assessed and are maintained by a suitably qualified contractor in order to meet current legislative requirements.

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

The Department of Business, Innovation and Skills (BIS) have launched a new twitter account to encourage business, and in particular, small business, to highlight issues they have with regulation. BIS are keen to promote this account to help engage and better understand the regulatory concerns of business, and to hear it direct from them.

You can get involved by:

– Following @CutRedTapeUK for discussion on Twitter

– Remembering to use the hashtag #cutredtape in your tweets

– Share information on how small business can grow through your social media channels, tweet using #cutredtape

– Do you have a newsletter, online group or forum? Encourage discussion about regulatory issues and share feedback.

Our comment

We’re on Twitter too! We’re following @CutRedTapeUK, and you can follow us at @Eljay_Risk_Mgmt to stay up to date with health & safety news and our range of support and training services.

HSE and HMRC working together for you – growing your business

If your business is growing and you have questions on health and safety and taking on new employees, you can find answers in a live webinar delivered by HSE and HMRC.

Webinar overview

As your business starts to grow or you take on more employees you’ll face new issues and concerns. HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations you are likely to face. It looks at some of the questions you may have and guides you through the answers.

Webinar dates (click on the links to register)

12 August 2015, 10am – https://attendee.gotowebinar.com/register/4319267968957115650

16 September 2015, 10am – https://attendee.gotowebinar.com/register/6473058415654087938

13 October 2015, 10am – https://attendee.gotowebinar.com/register/30011536368234241

Once you have registered the webinar organizer will communicate with you regarding these events.

Our comment

Of course we’re always available to answer any questions you may have about health and safety. Contact us on 07896 016380, at Fiona@eljay.co.uk or via our website.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

Also contains public sector information licensed under the Open Government Licence v3.0.

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