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The competence question
June 1st 2007

Bureaucratic rubbish or a real opportunity to strengthen safety cultures and practices? Whatever your view, the Construction Design Management (CDM) Regulations of 1994 were introduced after several disastrous years for construction fatalities, and today we are enjoying a significant downward trend, says Dave Charlton, technical director of 4See Risk Management

Like them or loath them, the CDM Regulations appear to do what they say on the tin, and should see stakeholders making another step change in their approach to health and safety. But the Regulations have raised a few common areas of concern.

The new emphasis on proving the competence of every stakeholder including individual workers is one such area.

If a worker is not deemed competent then they have to be supervised by someone who is, and a ratio for competent to non-competent workers is not given. There is a possible scenario of lots of workers having to work under supervision because they can't prove their competence.

Specialist in refurbishing occupied housing in the public sector, Bullock, employs 500 people on staff and a further 1500 contractors. It responded to the regulations with an overhaul of its sub-contractor approval procedure. "We will be much more rigorous than before in approving subcontractors; some of our smaller contractors may struggle with this, and we will help them where we can," explains Sara Sutton, Bullock, H&S coordinator.

"We have changed health and safety and company procedures such as those for welfare on site, and it has created a great deal of work. The new legislation has also made us look again at all of our documentation and quality management systems," Sutton adds.

Sutton was responsible for building awareness of the new regulations within her company, but not all construction businesses will have a health and safety professional on staff to ensure compliance.

A Tonbridge based company which designs and builds 100 homes a year had already established an initiative to ensure that each of its 60 preferred sub contractors was compliant and competent. Working with health and safety consultancy, 4See Risk Management, Millwood Designer Homes checked health and safety policies and training records of each company, looking at accident records and risk assessments. The work was done long before the CDM regulations made it necessary, and to a much higher standard than mandated.

Millwood Designer Homes acquires land and designs its own homes. "We fulfil all the roles; we are client, designer and principal contractor and so the regulations which stress cooperation and coordination won't affect us much.

But for most of the industry it took years to get fully familiar with the old regulations and now they have rewritten them.

"My first reaction was disappointment, because there didn't seem to be tangible changes other than the planning supervisor is now CDM Coordinator, and you no longer need to have a pre-tender health and safety plan,"comments Roy Magro, construction director of Millwood Designer Homes.

"One sensible and simple change is that the welfare regulations now require you to supply chairs with backs for workers rather than benches. If men have been working all day it is important that they are able to rest their backs." Another company which fulfils multiple roles is Claremont Group Interiors, a design and build interiors specialist which is a designer and contractor for projects ranging from £10,000 to £2million, and as a full service company is used to shouldering most of the client obligations too: "By far the biggest change for us is the level of responsibility now carried by the client. It was an important part of our comprehensive service to take this burden off our client, so this may affect the way we work," says Mike Considine, associate director and project manager with Claremont.

"The other significant change for us is the competence issue, which is about demonstrating the competence of the people you are using on any given project," he added.

The new regulations are designed to identify risks and improve planning and management of projects from the start. They were also hyped as reducing bureaucracy, but may add cost and bureaucracy to start with as the industry gears up for its new responsibilities and finds the additional training necessary to meet the competence requirement.

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