This update (in response to the Löfstedt report and to further align the UK with EU Directive 92/57/EEC) will be the third revision to the regulations and has some quite significant changes to duty holders. Although the legislation is still in draft form, here are the key proposed changes, and their possible impact for Clients:
The latest proposal is that a mini ACoP will be published after the legislation goes through on 6 April 2015. Meanwhile CITB Industry Guidance will be available from January 2015
CDM 2007 Approved Code of Practice (ACOP) L144 will continue to be available on the HSE website
The Client is to ensure a Construction Phase Plan provided by the Contractor or Principal Contractor is in place before any works commence.
It is proposed for projects involving more than one contractor that the Principal Contractor will normally assume the Client duties. The domestic Client can choose to appoint the Principal Designer for the project
If, however, they do not make this appointment, the first Designer appointed during the pre-construction phase is the Principal Designer for the project. If so, the Principal Designer will be answerable to the Principal Contractor in their role as ‘Client’ for the project and will be responsible for liaising with them.
When the regulations come into force a Client will need to appoint a ‘Principal Designer’ for all projects involving more than one contractor (trade contractor) on site at one time. Any Designers appointed should not carry out any work beyond initial design unless the Principal Designer has confirmed that the Client is aware of their duties.
The Client must appoint both the Principal Designer and Principal Contractor in writing, otherwise they are deemed to be carrying out these roles.
The Regulations will apply to all construction work
Client will need to notify the HSE of projects before works commence if they will exceed 30 construction days with 20 or more workers working simultaneously or if the project exceeds 500 person days.
The Client will need to ensure those that are to be appointed (i.e. Designer, Contractor or Principal Contractor and Principal Designer) can demonstrate appropriate information, instruction, training and supervision.
Anyone working on a construction project should be able to demonstrate capability and have the necessary resources to fulfil legal duties. They must provide sufficient information in relation to the preparation, provision and, where necessary, revision of health and safety information such as Pre-Construction Information, Construction Phase Plans and Health & Safety Files
Make arrangements for managing a project – checking competencies and ensuring resources, welfare etc.
Submit and maintain Notification to the HSE.
Ensure construction work is carried out so far as is reasonably practicable without risk to the health and safety of any person and are maintained throughout the project - very specific change which ensure clients are explicitly accountable for the contractor’s health and safety on site.
Take reasonable steps to ensure that the arrangements referred to in paragraph (1) are maintained and reviewed throughout the project - it is likely that in order to demonstrate compliance with para 5. (3) Clients are going to require an amount of Inspections in order to satisfy themselves that work is carried out without risk.
Provide pre-construction information.
Appoint Principal Designer and Contractor and ensure they comply with their duties.
Ensure the principal designer prepares an appropriate health and safety file for the project, which:
Includes information provided by the client as specified in regulation 4(9)(c) of the Control of Asbestos Regulations 2012(a) (Note the specific detail of Control of Asbestos Regulations: this may change in future to include other controlled substances)
Is revised from time to time as appropriate to incorporate any relevant new information; and
Is kept available for inspection by any person who may need it to comply with the relevant legal requirements.
Give suitable advice to Clients
Plan, manage, monitor and coordinate the pre-construction phase of a project,
Identify, Eliminate and control foreseeable risk to Health and Safety of Persons through the life-cycle of the project and final structure
Assist the Client in preparation of Pre-Construction Information
Facilitate the cooperation of all persons
Ensure Designers comply with their duties
Prepare and revise a H&S File
Notification to the HSE
Satisfy themselves that the Client is aware of their duties
Eliminate foreseeable risks to H&S
Take steps to control remaining risks, Provide information about those risks and ensure information is provided for the health and safety file
Provide information to Clients, Designers and Contractors
Specific information for Designs which are prepared or Modified outside of Great Britain
Liaise with the other duty holders
Manage the construction phase
Prepare the construction phase plan
Ensure welfare facilities are provided
Provide a site induction
Secure the site
Appoint contractors and workers
Provide the right management and supervision
Engage contractors and workers
Monitor the risks on site
Contribute to the health and safety file
For existing construction projects where construction work has begun the CDM Coordinator can remain, but a Principal Designer must be appointed before the end of the transitional period. For existing construction projects where construction work has not started a Principal Designer must be appointed.
For further information please refer to the HSE website.