Health and safety and section 278 and section 38 works
The construction (design and management) (CDM) regulations
All construction projects must comply with the Construction (Design and Management) Regulations to ensure that no-one is harmed during the works and that all completed works are safe for use.
The Health and Safety Executive (HSE) is responsible for the enforcement of Health and Safety regulations and legislation and further information about their role and CDM regulations can be found on the HSE website.
The council will not adopt works under a Section 278 or Section 38 agreement until written confirmation is provided that the Health and Safety Executive has been informed, in writing, of the appointment of the client for the works for the purposes of the ‘Construction (Design and Management) Regulations’ (CDM Regulations).
As stated in the CDM Regulations, the “client” as defined is responsible for meeting the requirements of the Regulations and ensuring that the works are appropriately designed and constructed. It is not the council’s responsibility to verify or otherwise agree information in relation to CDM.
The developer must comply with all aspects of the latest Construction (Design and Management) Regulations and the council will be indemnified by legal agreement against all claims, liabilities and actions for any failure to do so.
Notification of construction project
Depending on the scale of the construction works HSE may need to be notified by the completion of an F10 Notification of Construction Project form.
Traffic management
Developers are also required to submit full details of any traffic management proposals for the construction of the road works for approval by the authority.