AN INVESTIGATION INTO THE IMPLEMENTATION OF THE CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS IN THE CONSTRUCTION INDUSTRY

thesis submitted in partial fulfilment of the requirements of the University of Wolverhampton for the degree of Doctor of Philosophy (PhD)The European Union (EU), in 1992, issued the Temporary or Mobile Construction Sites (TMCS) Directive, which requires EU members to introduce specific law to improve health and safety (H&S) performance outcomes by placing specific duties on key stakeholders. This Directive led to the introduction of the first Construction (Design and Management) (CDM) Regulations in the UK construction industry on 31 March 1995 and since their introduction, the overall performance of construction H&S has improved gradually. However, despite this positive outlook, there are still significant concerns surrounding the implementation of the CDM Regulations, a subject on which empirical research has been very scanty. It is against such a background that this study investigates the practical implementation of the CDM Regulations and extends current knowledge and understanding, and develops a framework for appropriate remedial action by industry. The research method involved a thorough critical review of literature, semi-structured interviews, and two postal questionnaire surveys, using as research informants, practitioners with experience of the Designer, CDM Coordinator (CDM-C), and Principal Contractor (PC) roles under the CDM Regulations. Primary data were collected and analysed from in-depth interviews with six organisations purposively selected based on their construction design expertise and 122 questionnaires returned in total. The finding regarding lack of collaborative working amongst duty holders is a significant outcome of this study; a requirement expressed explicitly within the CDM Regulations, yet questionable in terms of its implementation. Further, the study reveals a number of statistically significant correlations between the extent of discharge of duties and their perceived degree of importance. However, the strength of the majority of these correlations is weak. In particular, the evidence indicates that 50% of the duties of the CDM-C are misaligned in terms of extent of discharge and perceived degree of importance, whereas 25% of the PC duties are also misaligned. This signals a lack of understanding regarding the importance of duties, towards achieving improved H&S management. Surprisingly, a comparison between extent of discharge of duties and their perceived degree of difficulty reveals that all the duties of the PC are statistically significant, meaning that the perceived degree of difficulty does not impede their extent of discharge. While 90% of the CDM-C duties are also statistically significant, again the same interpretation applies. Further, a consensus reached by Designers supports the view that CDM-Cs provide insufficient input throughout the planning and construction phase, raising doubt as to whether the duty holder is fit for purpose. Overall, the results confirm that interdependent working of duty holders is still a challenge, demonstrated by the Designer duty to ensure appointment of the CDM-C (Regulation 18(1)), the CDM-C duty to ensure Designers comply with their duties (Regulation 20(2)(c)), and the PC duty to liaise with the CDM-C and Designer (Regulation 22(1)(b)). Three recurring themes emerge from the results, that is: (i) collaboration, (ii) accountability and compliance, and (iii) facilitation, which in turn inform the remedial action framework comprising 13 remedial actions and 8 change drivers. Validation of the remedial action framework by 15 study participants reveals that, at least 10 remedial actions and 7 change drivers are considered likely to improve CDM implementation. The top three remedial actions are: (i) ensuring adequate arrangements for coordination of H&S measures; (ii) including provisions within the regulations specifying the stages for the appointment of duty holders; and (iii) amending the ACoP to provide guidance on determining what resources are adequate for a particular project. Whereas, the top three change drivers are: (i) management leadership; (ii) the proactive participation of duty holders; and (iii) training to equip duty holders with sufficient knowledge on provision of timely and adequate preconstruction information. Based on these outcomes, conclusions, recommendations, and further areas of research are drawn

Building information modelling (BIM) and the CDM regulations interoperability framework

Purpose: Building information modelling (BIM) has received wide coverage within the research, academic and industry communities over the last decade. Yet, its degree of integration with various industry standards in the architecture, engineering and construction sector varies extensively. An exploratory research approach explores the interoperability between the construction design and management (CDM) regulations and BIM. The paper aims to discuss this issue. Design/methodology/approach: The research design comprised: a methodical “state-of-the-art” review of extant literature – exploring some 19 variables emerging from the literature review; detailed content analyses of the current CDM regime (CDM 2015); and conducting a “test” to map and determine the degree of interoperability between BIM and CDM. The study develops several meta-matrices and a framework for BIM and CDM interoperability. Findings: New insight reveals that BIM provides a systematic approach for the discharge of CDM obligations. The framework developed is easily transferable into BIM common data environments (CDEs) and offers an expeditious discharge of CDM obligations. Research limitations/implications: Some features of the developed BIM/CDM interoperability framework invite further tests to predicate the degree of discharge of CDM obligations. Duties related to provision of pre-construction information invite further research. Originality/value: Little research provides insight into the interoperability of BIM and the CDM regulations. Therefore, this study contributes to the knowledge relating to the degree of interoperability of BIM in construction systems, processes and standards

An Analysis of Health and Safety Provisions in NEC Contracts

The 2015 edition of the Construction (Design and Management) (CDM) Regulations imposes statutory duties on the project client and other project supply chain members. It is the client's statutory duty to make and implement arrangements for effective management of health and safety (H&amp;S) on the project. It also created two statutory duty holders that the client must appoint to coordinate H&amp;S management. To manage the performance of the duty holders effectively, the client must enter into a contract with each of them that imposes their statutory duties as contractual obligations. This paper critically analyses two representative contracts in the NEC family of contracts to provide guidance on their H&amp;S provisions and pointers to possible review in future editions. An important finding is that the contracts state the H&amp;S duties in very general terms with the expectation that users will draft the details on the CDM duties as part of the scope contract document. This approach has the advantage of flexibility to accommodate international use of the contracts. It is recommended that the promoters consider the alternative of capturing appropriate CDM-related duties as a standard optional clause for adoption by UK users. Suggestions are made as to the terms in such an optional clause.</p

A BIM-driven framework for integrating rules and regulations in the decommissioning of nuclear power plants

Purpose: The relative low capital cost and contributions to mitigating global warming have favoured the continuous construction and operation of nuclear power plants across the world. One critical phase in the operation of nuclear plants for ensuring safety and security of radioactive products and by-products is decommissioning. With the advent of digital twinning in the building information modelling (BIM) methodology, efficiency and safety can be improved from context-focus access to regulations pertaining demolition of structures, and cleaning-up of radioactivity inherent in nuclear stations. A BIM-driven framework to achieve a more regulation-aware and safer decommissioning of nuclear plants is proposed. Design: The framework considers task requirements, and landscape and environmental factors in modelling demolition scenarios that characterise decommissioning processes. The framework integrates decommissioning rules/regulations in a BIM linked non-structured query system to model items and decommissioning tasks, which are implemented based on context-focused retrieval of decommissioning rules and regulations. The concept’s efficacy is demonstrated using example cases of digitalised nuclear power plants. Findings: This approach contributes to enhancing improvements in nuclear plant decommissioning with potential for appropriate activity sequencing, risk reduction, and ensuring safety. Originality: A BIM-driven framework hinged on querying non-structured databases to provide context-focused access to nuclear rules and regulations, and to aiding decommissioning, is new

BIM-Enabled Health and Safety coordination in the UK construction industry: Role of the Principal Designer

The coordination of Health and Safety (H&S) during the design/pre-construction phase is often perceived as significantly important because of the ability to influence a reduction in the possibility of accidents and injuries. In the UK construction industry, the construction design and management (CDM) regulations are best placed to achieve this vision. Most importantly, the role of the Principal Designer (PD) is crucial, given their pre-construction phase responsibilities. The aim of the study is to critically evaluate the duties placed on PDs and examine the extent to which implementation of Building Information Modelling (BIM)-enabled H&S coordination enhances the discharge of duties performed by PDs. Primary data considered for this study involved the use of a questionnaire survey, while secondary data in the form of Statutory Instruments were scrutinised, thereby applying content analysis and drawing comparisons with the extent of discharge of duties. The findings reveal that over 90% (i.e. 12 of 13) of the duties placed on the CDM-C in the previous regime correspond with those placed on the PD in the current regime. Secondly, of the nine duties that stand out in terms of BIM interoperability at Level 2, the study shows that four duties of the PD immediately benefit from adopting the BIM-enabled H&S coordination approach, namely: Regulations 11(1), 11(2), 11(4), and 11(5). In summary, the study deepens the understanding of the implementation of the CDM Regulations, particularly highlighting the role played by PDs during pre-construction