For the attention of Head Teacher, Business Manager/Bursar and Site Manager cc Chair of Governors

Transcription

1 Education & Skills Infrastructure, Education Asset Management Termly Bulletin- 9 th June 2015 Important Information Please Read For the attention of Head Teacher, Business Manager/Bursar and Site Manager cc Chair of Governors This Bulletin focuses on the following areas: 1. CAPITAL MAINTENANCE DUAL FUNDING DUTY HOLDER MANDATORY TRAINING 3. ASBESTOS MANAGEMENT PLAN TRAINING 4. SCHOOL AUDIT, STATUTORY TESTING AND ASBESTOS MANAGEMENT PLAN 5. LANDLORD / PROJECT APPROVAL FOR COMMUNITY AND VOLUNTARY CONTROLLED SCHOOLS 6. LANDLORD APPROVAL FOR ACADEMIES 7. MAINTAINING A SAFE BUILDING 8. MANAGING BUILDING WORKS 9. CONSTRUCTION DESIGN MANAGEMENT (CDM): LEGAL REQUIREMENTS BRIEFING 10. ASBESTOS MANAGEMENT LEGISLATION AND LEGAL DUTY 11. EduBase-UPDATE 1. CAPITAL MAINTENANCE DUAL FUNDING Following the success of the Dual/Matched Funding initiative over the past two years we are now pleased to launch our initiative. The application is available to all Local Authority maintained schools (excluding Voluntary Aided Schools due to the separate funding process). Any Grant offer will be subject to terms and conditions set out in the application letter and the Grant Agreement. The school and their appointed contractor have signed up to the principles of the Birmingham Business Charter for Social Responsibility (BBC4SR) 1. School will be required to invite Acivico to quote where the total project cost exceeds 100,000. If you plan to carry out your proposed building project over the summer holidays then please submit your completed Dual Funding Application by 29 th June Alternatively, please submit your application by 17 July We aim to offer further dual funding opportunities later in this financial year subject to take up and funding availability. Please see separate e-briefing titled: Capital Maintenance Dual Funding (document number 11635) and the application letter for full conditions and further details. 1 We recognise that this has the potential to delay your plans and ask that you submit your dual funding application for consideration even where you may be concerned that your application may not meet this condition. EdSI intends to work with Birmingham Corporate Procurement team and Birmingham Bursars Group representatives to identify ways that we can support schools to be compliant. Further information regarding BBC4SR is available on Birmingham City Council Directorate for People Tel: Education & Skills Infrastructure edsi.enquiries@birmingham.gov.uk

2 2. DUTY HOLDER MANDATORY TRAINING The training is designed to assist schools with duty holder responsibilities. Key issues covered in the full day s training session include: Health and Safety legislation; Asbestos Management Legionella Statutory Testing Property Logbook Landlord Approval General awareness about duty holder responsibilities Please note that attendance by all LA schools is mandatory and is strongly recommended for others. The links below will take you to the eventbrite booking website which provides information about the training session and venue. Please click the register icon, complete your details and then click complete registration at the bottom of the page. You will receive an confirming your booking. 11 th June 7 th July 9 th July Please note that charges will apply as set out in the Traded Service Booklet ASBESTOS MANAGEMENT PLAN TRAINING In order to support schools with maintaining an up to date Asbestos Management Plan we have been delivering dedicated half day training sessions. The purpose of the training is to help schools meet their obligations under legislation covering management of asbestos and in particular relating to their Asbestos Management plan. The following links will take you to the eventbrite booking website which provides information about the training session and venue. Please click the register icon, complete your details and then click complete registration at the bottom of the page. You will receive an confirming your booking. 24 th June 3 rd July Please note that charges will apply as set out in the Traded Service Booklet Page 2 of 6

3 4. SCHOOL AUDIT-STATUTORY TESTING & ASBESTOS MANAGEMENT PLAN Thank you to all of you for returning your mandatory statutory testing return form in We are very grateful for you time and support. In order to monitor compliance with the previous two key items we have put together a programme to audit schools. We have commissioned BCC Health and Safety team and Acivico to conduct the audit on our behalf. This has already started and will be on-going. The audit will provide schools with the opportunity to seek and obtain support and guidance so that they can be compliant in these critical areas. We will write to schools in advance of the audit and arrange a mutually acceptable date and time. If you require further assistance with your Statutory Compliance then please contact the Education Asset Management team by at edsi.enquiries@birmingham.gov.uk or telephone on LANDLORD / PROJECT APPROVAL FOR COMMUNITY & VOLUNTARY CONTROLLED SCHOOLS If you are planning any building work then please ensure you submit your application to Education Asset Management with all supporting documents at least four weeks prior to commencing work. Please note that this is separate and additional to other approvals that you may require for your planned building works i.e. Planning Approval, Building Regulations etc. If your planned work is likely to disturb the fabric or structure of the building then please ensure you carry out the necessary asbestos checks i.e. undertake an asbestos refurbishment / demolition survey which must be submitted along with your application for Landlord / Project Approval. Landlord / Project Approval is one of the key conditions for Dual Funding applications. For further details, visit our website or contact us via e- mail at: edsi.enquiries@birmingham.gov.uk, or by telephone on LANDLORD APPROVAL FOR ACADEMIES In accordance with the provision of the 125 year lease agreement you are required to seek approval from the Local Authority in its capacity as landlord i.e. Not to erect any buildings or other structures on the Property nor make any structural or external alterations additions or variations to any structures for the time being on the Property without the Landlord s prior written consent.. For an application and further information please visit our website or us at edsi.enquiries@birmingham.gov.uk Page 3 of 6

4 7. MAINTAINING A SAFE BUILDING You and your governors have responsibility for ensuring that your school building and site is maintained in good repair and condition and provides a safe environment for all pupils, staff and visitors. Should you require support with your maintenance planning or further information and guidance please contact the Education Asset Management team via at edsi.enquiries@birmingham.gov.uk, or telephone on: Should you require advice regarding a Health and Safety issue then please contact Carl Bust in the safety team on MANAGING BUILDING WORKS It is critical that you have appropriate and relevant internal processes in place to manage building projects safely and mitigate risk of accidents. When managing the safety of any works you must have a plan and method statement as well as a risk assessment that identifies the major risks and how you and the contractor are going to manage and mitigate these risks. This must include managing risks relating to asbestos and carrying out the necessary assessments and asbestos refurbishment / demolition surveys prior to starting your building work. You must ensure that you have a competent project manager and that all key staff members are made aware of the works, the risks and their role and responsibilities in managing the safe delivery of these works. You must agree the scope, specification and method of carrying out the works and ensure that the contractor strictly adheres to these and notifies you of any proposed changes, risks and implications. You must also ensure that you comply with the legal duty around Construction Design and Management requirements where this is applicable (please see attached briefing). For further information on managing building projects please refer to the school property handbook and visit our website Finally, if you have not done so already then please arrange to attend the Duty Holder Training. 9. CONSTRUCTION DESIGN MANAGEMENT (CDM) - LEGAL REQUIREMENTS BRIEFING The CDM requirements have been updated and there are key changes that you will need to be aware of and comply with when managing and delivering building projects. To support you with understanding the key changes we have attached a briefing note to this bulletin for your information. Page 4 of 6

5 10. ASBESTOS MANAGEMENT LEGISLATION - LEGAL DUTY Legislation covering the management of asbestos requires that you maintain an up-to-date Asbestos Management Plan (AMP). This is not optional and you must ensure that you use your asbestos management survey to develop an AMP and keep fully up-to-date. If you require assistance with this you can attend one of the dedicated training sessions we have arranged. Further sessions will be organised to meet demand. Please note that your asbestos management survey does not identify all asbestos within your building. This is a management survey and, where asbestos is not identified, it should be assumed that the material/area contains asbestos until such time that it can be evidenced otherwise. Whenever you plan to carry out any work which is likely to disturb the fabric of the building you have a legal duty to make the necessary assessment and mitigate the risk of disturbing and releasing asbestos. You must, therefore, carry out the relevant asbestos surveys (i.e. refurbishment/demolition surveys) prior to commencing building works. Please also note that all Community and Voluntary Controlled schools are required to comply with the Landlord/Project approval process. For Further information and advice please contact Carl Bust in the safety team on , Simon Wills in Acivico on , or edsi.enquiries@birmingham.gov.uk 11. EduBase-UPDATE It is now a requirement for schools to ensure their details are up to date on EduBase. However, we have found that some information on Edu Base is in conflict with what is found on schools websites. In particular there are many instances where the Head Teacher names on EduBase do not match the information found on some schools websites. Anyone can see the information on EduBase using the public portal here: To update information on EduBase, a log in is required; here is a link to the EduBase login page: Enter your login name and password to continue. If you currently cannot login, click on 'I'm a school user and cannot login' and follow the steps on screen. When you have successfully logged in: Go to the information screen for your school. Click on the relevant tab then click on 'Edit record'. You can then add or update the information pertaining to your school Once you are happy with the amended information then click on 'Apply In the Governors' handbook published January 2015 at section on page 117 it states: 'It is essential that all schools ensure their details are up to date on the Edubase website The full handbook is available at Page 5 of 6

6 For further guidance and advice on anything contained in this Bulletin then please speak to your Asset Management Officer or visit our website: or call Thank you for your co-operation. Emma Leaman Head of Education & Skills Infrastructure Page 6 of 6

7 CDM 2015 PRESENTATION 1. Introduction The CDM 2007 Regulations will be replaced on 6 th April this year with the new CDM 2015 Regulations. The HSE published a draft guidance document (L153) for the CDM 2015 Regulations on 9 th January This Presentation is based on the information contained within that document. We have subsequently learned that this document has been revised and that the details of these revisions have not yet been released and are not likely to be known until the beginning of April, just before the new regulations come into force.* When this information becomes available, we will share it with you accordingly. CITB has also published a suite of industry guidance for the different duty holders under the CDM 2015 Regulations. *Please Note the revisions made to the draft guidance document were of a very minor nature and did not involve any changes to the CDM 2015 Regulations. 1

8 2. The Aims of the new Regulations are as follows: 1. Part of the Government s ongoing efforts to simplify health & safety legislation, as a result of the Lofstedt Review. David Cameron s plans to cut out unnecessary red tape and discourage bureaucracy and also to simplify the CDM process. 2. To integrate health & safety more into the management of a project. 3. To improve Health & Safety on smaller building sites. It is widely acknowledged that larger contractors & project teams are now taking health & safety seriously and consequently there are significantly fewer accidents on larger sites, whilst accidents are more prevalent on smaller sites. 4. To maintain & improve worker protection. The emphasis is now more on the long term Health (i.e. asbestosis, solar radiation, HAVS) than Safety (i.e. the use of PPE). UK Construction Industry figures show that of the 2.3 million days lost between , 1.7 million were due to health issues most commonly muscular skeletal disorders as opposed to the 0.6 million days lost as a result of safety issues 5. To ensure this country complies with the Temporary or Mobile Construction Sites EU Directive. Something which CDM 2007 doesn t do in some areas. For every day after 6 th April that we don t comply with it, we will be fined EU30, To include domestic Clients. Again in order to comply with the EU Directive 7. To effectively address health, safety & design risks earlier in the process. 2

9 3. CDM 2015 Proposals 1. The CDM Co-ordinator role is to be replaced with a new role that of the Principal Designer (PD). It will be the PD s responsibility to plan, manage, monitor & co-ordinate health & safety during the pre-construction phase of the project. Under the CDM 2015 Regulations, a PD must be appointed by the Client in writing for all projects which involve more than one Contractor. If this does not happen, the Client is assumed to be undertaking this role. The PD can be an individual or an organisation and, whereas the CDM-C was a separate entity, the PD will be a designer on the project and will be in a position to have control over the design and planning stage. We will look at the PD s role in a bit more detail later. 2. The existing, explicit competence requirements replaced with necessary skills, knowledge and experience. The Client will need to ensure that those who are to be appointed (i.e. Designer, Contractor, Principal Contractor or Principal Designer can demonstrate that they have the necessary skills, knowledge and experience. If the appointee is an organisation, then it must also have the organisational capability. 3. It is the Client s responsibility to ensure the Principal Designer & the Principal Contractor comply with their duties. 4. Domestic Clients will have duties under the CDM 2015 Regulations. 5. A Principal Contractor and a Principal Designer must now be appointed on all projects which involve more than one Contractor. Regardless of how long the Construction Phase lasts or how many person hours are involved. 6. Changes to the threshold for the notification of projects. In line with the EU Directive for Temporary or Mobile Building Sites, a project will be notifiable if the planned construction phase is longer than 30 working 3

10 days AND if it is likely to involve 20 or more workers simultaneously at any time OR involve more than 500 person days of labour. It is now more likely that a project will be notifiable as a result of the latter of these conditions now. For example a project involving 19 operatives on site which lasts for 27 working days will be notifiable, regardless of the fact that it will be on site for less than 30 working days, as it will involve 513 person days Based on this criterion, it may prove more difficult to determine whether or not a project will be notifiable how accurately can you predict the number of person days a project will last? The chances are you won t know until the Contractor has been appointed. The F10 no longer needs to be issued as early in the process as it was under CDM The new regulations require it to be issued as soon as is practicable before the Construction Phase begins. It will be the Client s responsibility to notify the HSE with the F10, although the Client may delegate this duty (but not the responsibility) to the PD. 7. A Construction Phase Plan will now be required for all projects. 8. The current ACoP will be replaced with HSE and Construction Industry Guidance for each duty holder. The HSE has now confirmed that it will publish a new, simplified ACoP covering the CDM 2015 Regulations, but this is unlikely to be available before April

11 4. CDM Duty Holders CDM 2015 Identifies the following Duty Holders: 1. Client. a. Domestic Client b. Client 2. Principal Designer 3. Designer 4. Principal Contractor 5. Contractor THE CLIENT A Commercial Client is an organisation or individual for whom a construction project is carried out in connection with a business, whether or not the business operates for profit. A Domestic Client is a Client who has work carried out which is not connected with running a business. The Client s Duties: 1. The Client is responsible for making suitable arrangements for managing a project, including the allocation of sufficient time and other resources i.e. a) The work can be carried out, so far as is reasonably practicable, without any risks to the health & safety of any person affected by the project, including members of the public. b) Suitable welfare facilities are provided, in accordance with Schedule 2 2. The Client must ensure these arrangements are maintained and reviewed for the duration of the Construction Phase. 3. To provide Pre Construction Information to each Designer and Contractor. 4. To ensure a suitable Construction Phase Plan is in place prior to the commencement of the Construction Phase. 5

12 5. To ensure the Principal Designer prepares an appropriate Health & Safety File for the project. 6. To ensure Principal Designers comply with their duties 7. To ensure Principal Contractors comply with their duties 8. Where there is more than one Contractor involved in the works, the Client must appoint a Principal Designer in writing ( is acceptable). If no written appointment is made, then it is deemed that the Client will fulfil the role. 9. Where the project is notifiable, the Client must provide an F10 notification to the HSE. 10. With regard to domestic Clients, the Client won t be expected to have any understanding of the CDM Regulations. In these situations, the Client s duties will default to the Contractor, Principal Contractor or Principal Designer. THE PRINCIPAL DESIGNER The Principal Designer must be the Designer who is in overall control of the Pre Construction Phase of the Project and who coordinates the health & safety aspects during the Pre Construction Phase of the Project. The PD can be an individual or an organisation within the Pre Construction Team with the necessary skills, knowledge and experience. If it is an organisation then it must also have the organisational capability. The Principal Designer s duties: 1. Planning, managing & monitoring the Pre Construction Phase & coordinating matters relating to Health & Safety 2. Ensuring that foreseeable risks both obvious & indirect, are eliminated or controlled through the Design process, as far as is reasonably practicable 3. Assisting the Client in the preparation of Pre Construction Information. 6

13 4. Providing Pre Construction Information to the Principal Contractor & all Designers. 5. Ensuring co-operation & co-ordination between all members of the Design Team 6. Ensuring Designers comply with their duties under the CDM Regulations 7. Assembling & issuing a Health & Safety File to the Client at the end of the Project. Acivico will be offering the Principal Designer function. As an organisation we are ideally placed to do this as we already have the in house capability, with the CDM expertise. Both of us are qualified CDM Coordinators, fully registered members of the Association for Project Safety and with the necessary NEBOSH qualifications. Acivico is currently in the process of gaining membership of CHAS (Contractors Health and Safety Scheme) which is an approved organisation member of the SSIP (Safety Schemes In Procurement) Scheme. CITB Guidance to Clients suggests this as a means to ensure acceptable health and safety standards. Outside, many of the smaller design practices may find it difficult in that they won t have the in house skills or knowledge and will be no doubt be looking to either buy in the service or upskill existing staff. This would appear to go against the intention of the new regulations. 7

14 THE DESIGNER The Designer is ANY person who either a) Prepares or modifies a design relating to a structure, product or M&E system. or b) Arranges for or instructs anyone under their control to do so. Design can include drawings, design details, specifications within bills of quantities, specification of articles or substances or design calculations. Designers can be any of the following: Architects Consulting Engineers Interior Designers Temporary Works Designers Chartered Surveyors Technicians Specifiers / Quantity Surveyors Principal Contractors Contractors or Sub Contractors Clients The Designer s duties 1. The Designer must be satisfied that the Client is aware of the duties owed by the Client under the regulations before commencing the work. 2. When preparing or modifying a design, the Designer must take into account the general principles of prevention and any pre construction information to eliminate so far as is reasonably practicable, foreseeable risks to health & safety. 3. Where risks cannot be eliminated measures should be taken to reduce or control them. 4. Provide information concerning residual risks to the Principal Designer. 8

15 There is an important change relating to the Designer s duties: Under CDM 2007 the main duty of the Designer is to seek to avoid foreseeable risk during design. This is heavily qualified and can be performed so far as is reasonably practicable, taking due account of other relevant design considerations. Under CDM 2015, the qualification taking due account of other relevant design considerations has been removed. This makes the Designer s duty far more absolute and onerous. The likely result of this will be an increase in Fee for Intervention cases in respect of the Designer. PRINCIPAL CONTRACTOR Under the CDM 2015 Regulations, all projects which involve more than one contractor will now require the appointment of a Principal Contractor. The actual duties of the Principal Contractor won t change a great deal, what will change however is there will be an increase in the number of smaller Contractors who will have to act as Principal Contractors. The Principal Contractor s duties 1. Plan, manage, monitor and co-ordinate the Construction Phase of the project 2. Liaise with the Client & the Principal Designer 3. Prepare the Construction Phase Plan & review / update it as required throughout the Construction Phase. 4. Organisation & co-ordination of Contractors 5. Provision of adequate site inductions 6. Ensure that reasonable steps are taken to prevent unauthorised site access 7. Ensure that all workers are consulted and engaged in securing their own health and safety. 9

16 8. Ensure that adequate welfare facilities are provided in accordance with Schedule 2 of the Regulations. 10

17 5. Transition Period The new regulations come into force on 6 th April There will be a transition period of 6 months, lasting until 6 th October 2015 For all projects where the CDM Coordinator has already been appointed prior to 6 th April, the CDM-C will remain in place as a CDM-C. If the project extends beyond 6 th October 2015, then a principal designer must be appointed to replace the CDM co-ordinator by this date at the latest. For all jobs where a CDM-C has not yet been appointed by 6 th April 2015, the Client will need to appoint a Principal Designer under the CDM2015 Regulations. 11

18 6. Implications Widening of the scope of what constitutes Construction Work Likely to see a reduction in the number of notifiable projects Move towards a more self-policing industry. Fewer notifiable projects, more Principal Contractors. Likely to see a rise in instances of Fee For Intervention Under CDM 2015, ALL projects will require a Construction Phase Plan this will impose additional work on Designers and Contractors, who in turn, will no doubt add the costs on to tender prices. 12

19 7. Summary Main differences from CDM 2007: o Domestic Clients now included under CDM o Strengthening of Client duties. o CDM Co-ordinator role has been replaced with a new one, that of the Principal Designer. o Principal Designer & Principal Contractor are now required on ALL projects involving more than one Contractor o Replacement of explicit dutyholder competence with need for appropriate skills, knowledge & experience o Change to HSE notification threshold 13