'CDM 2007 A guide for clients and their advisors' was originally written in 2007 by Tony Baker and published by the RICS and, at the start of the new CDM 2007 regulations, this book remained the No.1 best seller in the RICS range of expertise for an extremely lengthy period - indicating how useful and relevant is the information. Even today, in 2011, in the light of the findings from the extensive review of CDM2007 undertaken by the HSE, the book remains highly relevant.
As was stated in the earlier review of the book in 2009 by Chris Webb who reviewed the book then for SHP - Safety & Health Practitioner, the official magasine of IOSH, a quick glance at the title can easily lead to the impression that the only focus of this guide is the client, but closer inspection reveals a Pandora's box of practical information, which shows how the latest requirements embedded in the Construction (Design and Management) Regulations 2007 (CDM 2007) and associated Approved Code of Practice (ACoP) can be used to significantly improve health and safety in construction. As an imprint of the Royal Institution of Chartered Surveyors it would also be expected to be both up to date and an authoritative source – as indeed it is.
In A4 format and with just under 200 pages, it is packed full of practical and well-explained background information to assist anyone who has an essential role in striving to eliminate or minimise the toll of death, injury and ill health encountered by those who work with, or on behalf of clients.
The scene is initially set by the first three chapters, which describe the overall legislative framework into which CDM 2007 sit, together with identification of shortcomings found in the 1994 version. The main body of text is contained in nine chapters that systematically work through the role of duty-holders and how they can fulfil their role in practical terms at each stage of a project. From the outset the point is made that the client holds the key as the head of the procurement chain, a role that includes the appointment of their competent advisors associated at every project stage.
Also discussed are the issues in appointing the project team to take forward the client brief, as well as how the eventual construction phase work should be procured. A key thread identified throughout this process involves the competence of both organisations and individuals appointed to the project and how this should be assessed. Although competence is not formally defined in the regulations, useful background is provided by way of definitions arising from a number of legal cases over the last 50 years.
A clear message, however, is that as far as CDM 2007 is concerned, competence does not just involve health and safety but also the wider professional competence with respect to the overall role of appointed organisations and individuals.
Having considered the design and planning aspects, chapter 8 moves on to consider the management of the construction phase. However, although the Construction (Health, Safety and Welfare) Regulations 1996 are subsumed into Part 4 of CDM 2007, detailed discussion of these is not included.
The requirements for an effective flow of relevant information between all those involved are emphasised by a number of appendices that offer outline proforma for meetings agendas and information checklists. Development of the health and safety file is considered at length, including what it should and should not contain, and how it should be managed in order to provide an accurate, long-term information source for future projects.
The final chapter reviews the enforcement of CDM 2007 and associated legislation, as well as civil liability issues. It cites a number of recent cases with subsequent lessons to be learnt. As well as a full listing of useful sources of reference, many of which are obtainable through authoritative websites, a detailed index ensures that topics can be identified and accessed with the minimum of effort.
Throughout the guide, relevant case studies and commentary highlight key points to assist duty-holders involved with CDM 2007 to fully understand their roles and responsibilities. The final result is a very practical tool to effective management of an issue that all too frequently ends in harm.
A core essential of CDM is the provision of adequate resources. The Client is the essential provider of the funds to undertake any project. Indeed, without a financially solvent client providing the essential resource of money, there can be no project at all. Around the time Tony Baker wrote his material I had also researched and written an article on 'Insolvency and CDM' and gave permission for that to be included and reproduced as an appendix to the book. Insolvency is increasingly more of a problem to the industry from the effects of the massive global recession and my article adds to the value of the book.
Since Tony Baker wrote his material for the RICS, there have been a number of pieces of new law that have been enacted that have impact upon the construction industry ~ particularly around corporate liability and work-related deaths with the enactment of the Corporate Manslaughter and Corporate Homicide Act. Tony Baker has since contributed to the recent legal work 'Corporate Liability - Work Related Deaths and Criminal Prosecutions' authored by Gerard Forlin QC and edited by Louise Smail. I will be reviewing that book in a later article.
Ed.
