In this blog post, we will look at the role of competency withing the construction design and management regulations (CDM) and areas such as:
The definition of competence
Competency and the Law
The practical application of competency
The competency of individuals
The competency of organisations
There is significant emphasis placed on competency within the CDM regulations and this is because it is recognised that competent people generally work safer and work in ways that do not endanger others.
When duty holders, as defined by CDM make appointments or accept appointments, for example:
Clients appointing a Principal Contractor or a Principal Designer accepting appointment by a Client.
Reasonable steps must be taken to ensure that those appointed are competent and those who accept appointments only do so if they are competent to undertake the project or activity.
The definition of competence
Although there is no definitive definition of competence. The Health and Safety Executive (HSE) suggests that:
“a competent person is someone who has sufficient training and experience or knowledge and other qualities that allow them to assist you properly.”
“The level of competence required will depend on the complexity of the situation and the particular help required”.
Competency and the Law.
Butler v Fife Coal Co Ltd (1912)
Some of the early health and safety cases gIve clues as to the legal meaning of competence. In Butler v Fife Coal Co Ltd (1912), for example, carbon monoxide had escaped into a coal mine and poisoned one of the miners. Under the mining legislation of the day, it was the duty of the manager and the fireman to withdraw the men until the matter had been investigated. It was proved that the manager and fireman had no previous experience of carbon monoxide emissions and therefore lacked competency.
The House of Lords held that, although the two men were well qualified, they lacked the necessary experience and therefore the mine owners were found liable.
Competence is more than just the possession of qualifications. It also involves having sufficient and relevant experience.
Hudson v Ridge Manufacturing Co Ltd (1957)
In Hudson v Ridge Manufacturing Co Ltd (1957), an employee was a well-known practical joker while at work. During one of his pranks a fellow employee was injured. His employer was found liable on the premise that the prankster was not a competent employee, contrary to the requirements of common law.
To be a competent employee, they must have positive attitudes to health and safety at work and behave responsibly.
Practical application of competency within construction and the CDM regulations
To be competent an organisation or individual must have:
Sufficient knowledge of the tasks to be undertaken and the risks involved. The experience and ability to carry out duties in relation to the project, recognise thier limitations and take appropriate action to prevent harm to those carrying out construction work, or those affected by the work.
Competence develops over time and Individuals develop their competence through a mix of:
Initial training
on the job learning
Instruction
Assessment and formal qualification
In the early stages of training and experience, individuals should be closely supervised and as their competency develops, the need for direct supervision can be reduced.
If you are engaging organisation to carry out construction work for you or appointing a Principal Designer, then you need to make a reasonable judgement of the competency of the organisation based on evidence.
Evidence being the ability to demonstrate the required skills, knowledge, experience and resources in order to successfully undertake the appointed role.
The evidence will usually be supplied to you by the person or organisation quoting or bidding for the work.
Evidence submitted is then subject to a three-stage competency assessment before an organisation or individual can be appointed the role of:
Principal Designer, Designer, Principal Contractor or Contractor
Checking and verifying organisational competency is subject to a three-stage assessment process and this will be addressed in a future blog post.
The specific roles of each Duty Holder will also be a future blog post.
For further information and a general overview CDM, please see our earlier blog:
Construction Design Management Regulations 2015
If you require further assistance with any of the topics raised in this post or assistance with CDM on your current or future projects, please get in touch.
Yorkshire Health and Safety
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