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BRITARCH  September 2008

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Subject:

Re: CDM Regs (2007) & Archaeology

From:

Andrew Smith <[log in to unmask]>

Reply-To:

British archaeology discussion list <[log in to unmask]>

Date:

Mon, 15 Sep 2008 10:21:47 +0100

Content-Type:

text/plain

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text/plain (71 lines)

Sorry about the delay.
I was involved with the CDM regs about 10 years ago, not in archaeology, but 
the Electricity Supply Industry and, from my recollection, I am sure that 
archaeology was never specifically mentioned but that does not mean that it 
is not affected.
CDM then stood for Construction (Design and Management), and I believe that 
the message was that the Client had first line responsibility, and had to 
appoint a Planning Supervisor and Principal Contractor, to whom that 
responsibility would devolve.
I would have thought that, especially for development work where the 
archaeologists are working alongside the contractors, there would be an 
over-riding case to be made for the archaeological work to be planned in to 
the project, with all due consideration to Health and Safety at Work for 
safe access and egress, precautions to be taken against any chemical or 
other hazards, defining safe working areas etc etc. I would think that the 
Archaeological Unit or contractor would be a sub-contractor in this case and 
once site work was started the Principal Contractor would be responsible for 
overall site safety and the Archaeological Contractor, would, having been 
made aware of the necessary precautions, if he had not actually contributed 
to their being included, would ensure that his staff complied.
 I am sure that if there was a major accident or fatality involving an 
archaeologist on a major construction site that the paperwork would be gone 
through with a fine-tooth comb to satisfy the H&SE that all the procedures 
had been followed from the planning stage through. In this sort of case the 
archaeologist is just another sub-contractor and must surely comply.
I do not think the CDM regulations would apply in the case where the 
archaeological contractor was in sole occupancy of a site doing a 
pre-construction evaluation, but there will be H&S at W requirements, 
fencing and shoring excavations etc etc that would still be unavoidable.
I believe that at the time the construction industry held an unenviable 
reputation for accidents, and the CDM regulations were designed to plan out 
the possibility of accidents as far as possible ( 'you can legislate against 
the fool, but not the b****y fool' was an expression used) and that the 
project should be designed and managed throughout with this as its aim, and 
that the design should ensure that not only was construction safely 
achieved, but that maintenance and final end-of-life de-commissioning could 
also be done safely.
I hope this still applies and that this is helpful.
Andrew Smith.
----- Original Message ----- 
From: "Andrew Townsend" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, September 13, 2008 10:57 AM
Subject: [BRITARCH] CDM Regs (2007) & Archaeology


Dear List Members,

I am undertaking some research regarding the Construction (Design and 
Management) Regulations (2007), particularly with regard to their 
applicability to archaeological work.

If any other list-members have had dealings with the CDM Regs in the course 
of their archaeological work I should appreciate hearing from them.

A key aim of the research is to establish when, and when not, the 2007 
regulations apply to archaeological projects.

Thanks in advance,

Andrew Townsend.


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