Issue - meetings
Contract Design Management (CDM) Regulations - Implications for City of York Council
Meeting: 30/10/2007 - Executive Member For Corporate Services and Advisory Panel (Item 36)
This report advises Members of the necessary actions to ensure the Council’s obligations under these regulations are met, highlighting duties within the authority and the necessary protocols to ensure adherence, for endorsement by Members.
Additional documents:
- Annex 1 heading, item 36 PDF 6 KB
- Annex 1 - Summary of duties from CDM 2007 ACOP, item 36 PDF 68 KB
- Annex 2 heading, item 36 PDF 7 KB
- Annex 2 - CITB Summary of Duties, item 36 PDF 78 KB
- Annex 3 heading, item 36 PDF 7 KB
- Annex 3 - CITB Contractor Competency Checklist, item 36 PDF 11 KB
Decision:
Advice of the Advisory Panel
That the Executive Member be advised:
(i) That Option B be endorsed for action across Directorates involved in construction design and management.
Decision of the Executive Member
RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.
REASON: The Council is vulnerable under the Health & Safety at Work Act if construction design and management and the safe operation of buildings is compromised. The current position is that the design of buildings, the project management of construction work and the operation of premises may be carried out by various sections within the council, including schools, without real direction or monitoring in the application of the CDM Regulations.
This should not be allowed to continue. Formal channels for the development of projects and the safe management of buildings under an auditable regime relative to the CDM Regulations should be put in place.
Minutes:
Members received a report which advised of the necessary actions to ensure the Council’s obligations under the Construction (Design & Management) regulations (CDM) are met, highlighting duties within the authority and the necessary protocols to ensure adherence, for endorsement by Members.
Members were presented with two options:
Option A – Do nothing
Option B - Project Board representation of, or referral by sponsors to, professional teams with CDM experience for CDM Regulations compliance. Delegation of CDM tasks and duties on all projects to the Council’s professional teams, with exception of budgeting. Set up CDM Co-ordinator framework and briefing for ‘client’ teams. This was the recommended option.
Members queried who was the client in relation to schools. Officers reported that it was the LEA and that there was a need to speak to the Learning, Culture and Children’s Services (LCCS) directorate, the LEA, and schools about compliance with the CDM regulations so that schools were not put at risk of negligence.
Advice of the Advisory Panel
That the Executive Member be advised:
(i) That Option B be endorsed for action across Directorates involved in construction design and management.
Decision of the Executive Member
RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.
REASON: The Council is vulnerable under the Health & Safety at Work Act if construction design and management and the safe operation of buildings is compromised. The current position is that the design of buildings, the project management of construction work and the operation of premises may be carried out by various sections within the council, including schools, without real direction or monitoring in the application of the CDM Regulations.
This should not be allowed to continue. Formal channels for the development of projects and the safe management of buildings under an auditable regime relative to the CDM Regulations should be put in place.