Risk, Health and Safety Information

CDM 2015 - update

The HSE answers a couple of 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 tradespeople 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; 

1.    being a designer;

2.    having the relevant SKE or organisational capability, and;

3.    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.    

HSE Issue Safety Alert:

 

Extendable Scaffolding Loading Bay Gate - use of cable ties to secure loose mesh and unsafe means of operation

The HSE has become aware that a number of manufacturers/suppliers are marketing an extendable scaffold loading bay gate that does not satisfy legal requirements or applicable standards when in some configurations. When extended the loading bay gate, which forms part of the edge protection on a scaffold, is not robust enough to fulfil this function and is therefore not suitable and sufficient to comply with the Work at Height Regulations 2005. This safety notice applies to all similar types of loading bay gate as described below.

The loading bay gates subject to this safety notice originate from a variety of manufacturers/suppliers and comprise two panels made up of tube and mesh.

One panel section is fixed length and the other is telescopic and can be adjusted to the required width of the loading bay. This allows a width adjustment from approximately 2300mm to approximately 3900mm. The mesh infill spans the full width and height of each panel. There is no horizontal mid rail. This loading bay gate design is reported to be available in steel and in aluminium.

The mesh infill is typically 3 mm gauge on a 50 mm square pattern and each edge is welded to the fixed length panel. To allow the telescopic panel to slide during adjustment the mesh on this section is loose. Supplier instructions seen suggest the loose mesh should be fixed to the gate perimeter using plastic cable ties after this panel has been telescoped to a width suitable for the loading bay.

This type of gate has been found on a number of construction sites where the mesh was loose and able to detach when pushed so would not be able to resist a person leaning or in particular falling against it, and would also allow loose materials to fall from the platform.

The gates in question open by rotating upwards around a pivot fitting mounted approximately 500mm inboard of the gate. Because this type of gate has very short rear levers it is usually opened by lifting the handles on top of the gate, placing a worker right at the edge of the platform with a gap beneath the gate that can exceed 1.5 metres high. When fully open there is a gap beneath the gate of approximately 1 metre height although this is about 1 metre inboard of the open edge of the loading bay.

The Work at Height Regulations 2005 Schedule 2 requires edge protection used for construction purposes to be of suitable strength and rigidity and to comprise the equivalent of a top rail, a mid-rail and a toe board. Where no mid rail is present any mesh panels or similar must be able to achieve an equivalent level of containment.

This safety alert does not apply to designs of upward rotating loading bay gate that are robust and are operated from the rear of the loading bay and which close off access to the loading bay when the gate is open. These should already comply with BS EN 12811-1:2003 ‘Scaffolds – Performance requirements and general design’ which sets out the standards expected for loading bay gates.

Action required:

·         For gates of the type described in this safety alert stainless steel cable ties will be accepted as an interim measure for securing the mesh panel, and should be installed to the gate supplier’s instructions. Typically this will be one cable tie per 300mm. Unless the gate manufacturer/supplier allows a lighter duty cable tie, ties rated at minimum 75kg loop tensile strength should be used. Note that most cable ties are not designed to be suitable for reuse following loosening or removal. Alternatively, this aspect of the safety alert can be complied with by installing the extendible gate in the fully closed (narrowest) configuration thereby not requiring the use of cable ties.

·         Stainless steel cable ties should be included as part of the 7 day scaffold inspection.

·         Options to allow the gates in question to be opened without workers being able to slip or trip and fall through the gap underneath the open gate or the large gap while opening the gate include remote opening using rope over a scaffold rail or pulley fixed above and inboard of the closed gate. Or moving the gate pivot further inboard and extending the operating levers - this may remove the need to fully rotate the gate during opening. Both these methods allow operation from the rear of the loading bay platform - ie at least 2m back from the open edge.

·         HSE has been informed that the supplier of one model of the gates in question is working on a design change to bring the gate to a standard that meets EN 12811-1 during operation and use. HSE expects manufacturers/suppliers of similar gates to do the same. These improvements will need to address the securing of the mesh infill panels; the risk of the gate opening due to a person or materials falling against it; and the level of fall protection provided when the gate is operated or open.

·         Cable ties are not a permanent solution, However it is appreciated that many of these gates are manufactured and shipped from overseas and that changes will take time to implement. HSE will accept the correct use of stainless steel cable ties as an interim measure until the end of December 2016. After that date Enforcement Notices will be considered on a case by case basis for inadequate gates and/or gate designs. During the interim period gate installations that do not meet the minimum standard set out in this document will be subject to appropriate enforcement action.