Office for Nuclear Regulation

 Inspection of arrangements for compliance with Construction (Design & Management) Regulations 2015

Executive summary

Purpose of Intervention

This was a planned intervention to evaluate the effectiveness of the arrangements in place within BAE Systems Marine Ltd to implement the requirements of the Construction (Design & Management) Regulations 2015 (CDM). 

The opportunity was also taken to review the arrangements in place to ensure the conventional health & safety aspects of the ‘enabling works’ prior to the commencement of the ground improvement works for D58 facility.

The intervention examined the D58/D59 project within the Site Redevelopment Programme (SRP) and others outside this management structure. Visits were undertaken to the D58/59 site as part of SRP and the new ship lift maintenance facility and steam barge project, both of which sit outside SRP.

This inspection was a planned compliance inspection in line with the ONR Conventional Health and Safety (CHS) operational delivery plan for OFD Sub-Division 2018/19. 

Interventions Carried Out by ONR

The key regulatory activities undertaken during the inspection were based upon:

Explanation of Judgement if Safety System Not Judged to be Adequate

Not applicable

Key Findings, Inspector's Opinions and Reasons for Judgements Made

The inspection team held discussions with a number of managers involved in the management of construction projects both as part of the site redevelopment programme (SRP) and on the wider licensed site. 

As well as exploring the intended processes and procedures, the implementation of these was examined across a number of construction projects and sub-projects, both at the design stage and under construction.    

The systems, policies and procedures in place for managing CDM, both within SRP and across the wider site are unnecessarily complex.  A number of documents appear out of date, or at least taken over by events, and add little to the effective delivery of the requirements of CDM.

It is BAE’s intention to move toward a single certification to ISO 45001, to include SRP who currently have their own systems and certification. This presents an opportunity to rationalise the two shadow systems running alongside each with a single site process removing the concomitant risk of unnecessary duplication.

A number of shortfalls in the requisite controls and a number of areas for attention were identified as well as a number of opportunities for improvement. These have been communicated to the licensee.

Overall I formed the view that BAESML were complying with the requirements of CDM primarily through the knowledge and experienced approach of individuals in spite of, rather than because of, the complexity of their policies and procedures.

 Conclusion of Intervention

After considering the evidence gathered from the inspection, ONR concluded that BAESML were found to be generally compliant with the requirements of CDM 15; specifically in the overall management of their client duties, and, where they appoint themselves as Principal designer, they discharge these suitably.  No formal enforcement action is required. 

A level 4 issue will be raised to track progress with the intended simplification and rationalisation of the system into one fit for purpose whilst ensuring that this is and remains adequately resourced to ensure effective delivery within a realistic timescale.