Duties of Client
CDM Knowledge Base
Clients have a key role to play in the promotion of a systematic approach to the management of health and safety in construction. They will set the tone of the project and make decisions crucial to its development. It is vital that sufficient time and resources are allowed to enable the CDM duty holders to carry out their responsibilities safely.
The client is the person for whom the project is carried out. In the case of notifiable projects, clients must appoint a competent CDM Co-ordinator. Those clients without construction expertise must rely on the CDM Co-ordinators advice on how best to meet their duties, but the CDM Co-ordinator will need the clients support and input to be able to carry out their work effectively. The client remains responsible for ensuring that client duties are met.
Deciding who the Client is
In some instances it may be unclear who the client is. To avoid confusion, this must be resolved at an early stage. The following factors will need to be taken into account.
- Who ultimately decides what is to be constructed, where, when, and by whom?
- Who is at the head of the procurement chain?
- Who arranges for the design work?
- Who engages the contractor?
- Who initiates the work?
A wide range of bodies may be clients under CDM e.g. school governors, local authorities, insurance companies, PFI and PPP initiatives (Domestic clients are a special case and do not have duties under CDM).
If there is still doubt, then all of the possible clients can appoint one of them as the only client for the prpposes of CDM 2007. Someone will always be the client. It is in the interest of all possible contenders to identify who it is. If not, they run the risk that all will be considered to carry the clients duties under the regulations.
Duty of Designer to Advise Client
Under the Regulations, it is the responsibility of the designer to make the client aware of his/her duties, although the CDM co-ordinator should also be able to give advice.
Designer by Default
If the client specifies a particular material or method to be used in the construction process, this will make him a designer under the Amendment to the Regulations and as such he will be responsible for the designers duties i.e. carrying out a risk assessment, and the resulting health and safety implications.
Duties of Client - Checklist
The main duties of the client on all construction projects are to:
- Verify the competence and resources of all organisations and internal teams the client engages or allocates to the project
- Ensure that suitable management arrangements are made for the project
- Ensure sufficient time and resources are allowed for all stages of the project
- Provide the pre-construction information to the designers and contractors
- Ensure co-operation and co-ordination between the client's employees and client contractors with the project contractors where the client's work activities overlap the construction work
On notifiable projects the client's additional duties are to:
- Select & appoint a competent and resourced CDM co-ordinator
- Select & appoint a competent and resourced principal contractor
- Verify the sufficiency of the construction phase plan prior to construction commencement
- Verify that suitable welfare facilities are in place prior to construction commencement
- Subsequent to receipt of the health and safety file from the CDM co-ordinator, maintain the information up to date and provide access to any person who needs to see it for health and safety purposes
The client has a key influence on the outcome of a construction project because the project is originated by the client, often the client sets the overall programme and the client pays for the work to be executed. Clients should set the ground rules for health and safety even though the extent of their involvement in the project will not depend upon their own knowledge and experience of construction processes.
Large clients may have their own comprehensive in-house design team, and even their own direct labour contracting team. There is nothing to prevent such clients using these resources to provide the roles of designer, CDM co-ordinator or principal contractor providing they are competent to do the work in accordance with the regulations. Smaller clients will need to buy-in the expertise they need and may need to seek professional advice on the competence of appointments they make.
On all projects the client must verify that adequate management arrangements are in place to ensure that the roles, functions and responsibilities of all members of the project team are clear and understood. The organisations and individuals working on the project should know their roles, responsibilities and authorities and their relationship with other members of the team.
This will include:
- checking that there is good co-operation and communication between designers and contractors;
- checking that there is adequate protection for the client's workers and/or members of the public;
- checking to make sure that adequate welfare facilities have been provided by the contractor; and
- checking that the arrangements which the contractor agreed to make to control key risks on site have been implemented.
On notifiable projects the CDM co-ordinator should assist the client in the verification of management arrangements, which are likely to involve design audits and site inspections and audits. On non-notifiable projects the client will either have to perform these checks themselves or obtain this assistance from others, which may be a person or organisation who has the competence to act a CDM co-ordinator.
Time and resources
The regulations also require the client to allow sufficient time and other resources for all parties involved to fulfil their health and safety responsibilities. On notifiable projects, the CDM co-ordinator's advice will be crucial in deciding the timescales. On non-notifiable projects the client may need to source independent advice on the time and resources proposed to be allocated to the different phases of a project. However, if a client imposes unrealistic time constraints because of commercial pressure the whole project will be flawed at the outset from a health and safety point of view.
The client must allow sufficient time for the design, design reviews, planning, hazard identification, risk assessment, specification of risk control measures, selection of contractors, mobilisation, sequencing and scheduling of work, and carrying out construction. Consideration must be given to contingencies (e.g. refurbishment in a building known to have contained asbestos where pockets might still remain, in that only a Type 2 asbestos survey has been preformed).
The client must provide information regarding the project, site and other relevant issues to the designers and contractors on all projects. This information will be included within the 'pre-construction information'. This information will be useful for the designers in their attempts to eliminate or reduce risks by their design decisions, for tendering contractors to properly evaluate the work and the associated risks and the contractors performing the work in their management of health and safety on the site.
The client must make this information available early enough for the designers to assess the information for the elimination and reduction of risk by design.
On notifiable projects, the 'pre-construction information' must also be made available to the CDM co-ordinator, who should assist the client in the identification, collection and dissemination of this information.
The client must provide all the information in his/her possession that pertains to the site and any other information that could be reasonably obtained. This information should be supplied as soon as possible in the project to enable the designers to take the information into account when making their design and planning decisions. Some of this information would also be supplied to tendering contractors so that they can take this into account when tendering for the work, or allow the construction team, in a situation where tenders are not required, to effectively plan the construction work.
The pre-construction information may be discrete pieces of information in the form of drawings, reports, surveys, etc, either in electronic or hard copy format, with an index provided to all of the project team so that the information available is known to all.
CDM2007 ACoP, Appendix 2 states:
When drawing up the pre-construction information, each of the following topics should be considered. Information should be included where the topic is relevant to the work proposed. The pre-construction information provides information for those bidding for or planning work, and for the development of the construction phase plan.The level of detail in the information should be proportionate to the risks involved in the project.
Ensure co-operation and co-ordination
The client shall establish arrangements for confirming the adequate co-operation and co-ordination between all members of the project team. On notifiable projects this is effectively performed by the CDM co-ordinator and the principal contractor and the client may just monitor their performances.
On non-notifiable projects the client will need to be intimately involved in the project design and the project construction processes in order to confirm that the various parties are co-operating with each other and co-ordinating their designs and/or construction activities to comply with the legislation and produce an efficient and effective project.
Where the client cannot, or is unwilling to, cease his normal work activities while construction work takes place on the site, an interface problem can arise. This interface problem may cause the client's employees being put at risk by the construction work and, more rarely, construction workers being put at risk by the client's activities. In these cases the client must provide the management and co-ordination requirements as part of the 'pre-construction information' and liaise closely with the contractors to ensure that the co-ordination is effective during the construction phase. On notifiable projects the CDM co-ordinator will ensure that the co-ordination arrangements are included within the construction phase plan, as agreed with the principal contractor.
As construction work develops and changes from day to day the health and safety management arrangements, as contained within the construction phase plan on notifiable projects, may need frequent adjustment. On-going cooperation and co-ordination will be needed at each phase, possibly requiring regular meetings involving the client and contractors' on-site management. Each party is responsible for briefing its own staff on co-ordination requirements and the precautions to be taken. This will be very important where constant re-routing of traffic and pedestrians is necessary. Whenever possible, construction work should be completely separated off from the client's work activities.
Appoint the CDM co-ordinator and the principal contractor
A key part of the client's role on notifiable projects is to appoint a competent CDM co-ordinator and competent principal contractor. The CDM co-ordinator will oversee the design and planning of a project and assist the client in the performance of the client's duties. The principal contractor is responsible for managing the health and safety aspects of the construction.
The CDM co-ordinator should be appointed as soon as possible after commencement of the initial design. The principal contractor should be appointed as soon as the client knows enough about the project to select a suitable contractor, so that they can make contributions to the health and safety of the design. Only one CDM co-ordinator and one principal contractor may be appointed to the project at any one time, although the appointments may be changed.
On non-notifiable projects the client still has duties to perform under CDM2007, even though the client does not have the assistance provided by the CDM co-ordinator and the principal contractor.
The construction phase plan
On notifiable projects the client must ensure that the construction phase plan is sufficiently developed by the principal contractor prior to allow the construction to commence. For the construction phase plan to be considered to be sufficiently developed it must contain the health and safety management systems and arrangements for the specific project and site(s) and the risk assessments and method statements for the initial work activities.
The CDM co-ordinator will assist the client in assessing the construction phase plan prior to construction commencement.
On non-notifiable projects involving demolition or sites or activities involving high levels of risk it is recommended that a written plan, approximating the construction phase plan should be produced and reviewed.
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