Do The CDM Regulations Apply To Manufacturing?

The CDM Regulations are widely recognised as common knowledge in the construction industry - particularly for contractors and designers. They are the Construction (Design and Management) Regulations, so construction is in the name!

For people who work on construction projects regularly, CDM becomes part of their day-to-day work. They are CDM duty holders, and they have legal duties to comply with.

But for some clients and businesses working on a one-off project, CDM may not be something they are familiar with or have even heard of before.

Find out more about CDM and its requirements in our blog post - what is CDM in construction?

And what about people working in different industries, like manufacturing? Construction work can happen in any type of workplace.

CDM applies to construction projects in manufacturing

A common belief is that the CDM Regulations only apply to the construction industry, but other workplaces can also be affected by the regulations. It's important to understand that the CDM Regulations apply to all construction work, regardless of the industry. And the definition of construction work under CDM can be far-reaching.

CDM applies to construction projects in any industry. So the CDM regulations will apply to any construction projects that happen in a manufacturing workplace.

There are often occasions when construction work needs to happen within the manufacturing industry. Sometimes, it will be obvious when a construction project is getting planned. For example, if you are having part of the facility refurbished or demolished. You will usually get builders in to carry out this work.

And when builders are involved, and you're planning a construction project, it's a clear sign that construction work is happening.

So, yes, if you have a new building constructed or a refurbishment, the CDM regulations will apply to that project.

Often, the architects and builders involved in the project will brief you on the requirements and your client duties. After all, they will have experience working under CDM from previous projects.

Find out more about CDM duties in our free CDM 2015 duty holder guides.

But there are other ways in which the CDM regulations may apply within a manufacturing environment. Situations that might not involve builders or architects. Work you might not consider to be construction work at all.

CDM applies to construction work in manufacturing

It's not always obvious when a task comes under the definition of construction work for CDM.

It might be work you have carried out in-house. It could be an activity that only takes days or even hours. Maybe it only involves one or two people. It doesn't matter. CDM applies to all construction work, no matter the size or duration.

And the definition of construction work under CDM includes the assembly of prefabricated elements to form a structure.

1. the assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure;

And it also includes services that are fixed within or to a structure.

1. the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

But what's all this got to do with manufacturing?

Well, if you think about those statements, many things can happen in a manufacturing environment that would come under the definition of construction work in CDM.

Here are several examples of manufacturing activities that can come within the scope of the CDM regulations:

• Installing new machinery
• Moving machinery within the factory
• Dismantling a machine for repair or refurbishment
• Dismantling existing machinery for decommissioning
• Changes to work areas by installing (or removing) structures such as walls, additional levels or elevated walkways
• Work involving mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer services - including installation, commissioning, maintenance, repair or removal
• Redesigning factory layout
• Repair, upkeep, redecoration and maintenance of the factory
• The building of, or dismantling of, an extension

As you can see, there are quite a few tasks and activities that can take place within a manufacturing environment where CDM can apply. I'm sure you can recall some of these happening within your workplace in the past.

And no matter how small the task, if it's classed as construction work under CDM, even if it is happening in a manufacturing workplace, the regulations apply.

Before 2015, the majority of CDM duties were triggered by notification thresholds. These thresholds being 30 days with 20 or more workers or 500 person-days. So before 2015, smaller projects didn't have the bulk of requirements.

But that's not the case any more.

CDM 2015 applies to non-notifiable projects in full. Your duties are the same whether the work is CDM notifiable, or not.

As well as having client CDM duties, under CDM 2015 requirements, you must appoint additional CDM duty holders. These are people with CDM duties.

Every contractor and designer involved in the task will have CDM duties.

And if you have more than one contractor working on a project, you need to select a principal designer and a principal contractor. This situation happens quite often, for example, if your team and one external contractor are involved in the work activity.

Check if your project complies with CDM, with the free CDM compliance checklist.

Most projects involve more than one contractor at some stage. It can be the case even if you only appoint one contractor. It's important to note that if they subcontract any of the work, for example, an electrician or a scaffolder, then the requirement to appoint additional duty holders has been reached.

If your project only involves a single contractor, then that one contractor will have extra CDM duties.

If you are carrying out all of the work in-house, including planning and doing the task, then it's likely that you will need to take on all of the CDM duties. You will be the client, designer, contractor, principal designer and principal contractor. As the client in a workplace like manufacturing, if you don't appoint the principal contractor and principal designer roles, you automatically become them.

The CDM regulations don't just apply when the construction work is happening, but also when you plan and prepare for the work to start.

CDM applies to design, planning and gathering information. To comply, you should make sure the work can go ahead safely and with minimal risk. Several duties need to be discharged before work begins, so planning ahead is essential to ensure your manufacturing activities comply.

If you need to know more about CDM and your duties, check out our free CDM duty holder guides.