Tim Holden, managing director of Headland Archaeology, on the surprising omission of archaeology from the CDM Regulations 2015 and why the company will continue to operate under CDM regardless.
Tim Holden
The recent review that led to the CDM (Construction Design Management) Regulations 2015 has been somewhat controversial for the archaeological community. Since the introduction of the regulations in 1994, it was never clear whether archaeological work was included, resulting in considerable ambiguity when it came to preparing for construction projects.
It has now been confirmed that archaeology is no longer considered under these rules, something we in the community find quite extraordinary, as much of the preconstruction work we undertake is of a similar nature to preparation work for the construction itself.
While archaeology is no longer deemed to count as the “site clearance, exploration, investigation and excavation” that would be covered by the revised regulations, as employers we still have to consider the health and safety of our employees, other contractors, visitors and the public.
On a number of the larger-scale infrastructure projects we have been involved in, we have taken on the role of principal contractor, a role in which we must provide and execute a construction phase plan, with full responsibility for the earthworks programme.
For example, on a recent project we stripped more than 250,000 square metres of land involving multiple teams of plant on-site excavating, as well as reinstating, which makes it a significant logistical and health and safety challenge.
Archaeologists must still carry out duties in the same manner as before
We often employ specialists such as earthworks subcontractors and environmental professionals, so we are responsible for maintaining public rights of way, designing and implementing traffic management plans, undertaking fencing, spoil management etc.
In addition, we frequently deal with issues such as deep excavations, contaminated land and environmental or ecological constraints. These operations are some of the main causes of accidents on site but by following the direction given by the regulations we can ensure that these areas remain covered and that safety remains in high priority throughout the entirety of works.
We have always ensured that the CDM principles are adopted on our projects to ensure best practice for matters relating to Health and Safety. It is vitally important that even though legally we don’t have to operate under the CDM Regulations 2015, this should not change our duty of care to our employers, contractors and visitors.
We must still carry out our duties in the same manner as before, covered by alternative legislation such as The Health and Safety at Work Act 1974, Management of Health and Safety at Work Regulations 1999 and use of Work Equipment Regulations 1998.
It is because of our experience and attention to the guidelines that we believe a positive safety culture has been created within our organisation. As a company we have benefited far more from working under the regulations than outside them, and will continue to do so out of choice.
Archaeology is an important part of the construction industry and should be regulated as such.
