Are you aware of the CDM Changes?

As of the 6th April the Construction (Design and Management) Regulations 2015, more commonly known as CDM came into force.

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:

1) Structural simplification of the Regulations & changes to the Approved Code of Practice (ACOP)

  • 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

2) Regulations apply to all Clients, whether or not a person is acting in the course of furtherance of a business - Domestic Clients now included

  • The Client is to ensure a Construction Phase Plan provided by the Contractor or Principal Contractor is in place before any works commence.

3) If a client is a domestic client, the duties in regulation 5, 7, and 8 will be carried out by the contractor, the principal contractor or the principal designer

  • 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.

4) The role of the CDM Co-ordinator has been omitted and is replaced with the new role of principal designer

  • 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.

5) Principal designer and principal contractor must be appointed when there is more than one contractor

  • The Client must appoint both the Principal Designer and Principal Contractor in writing, otherwise they are deemed to be carrying out these roles.

6) Threshold for notification

  • 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.

7) ‘Explicit competence’ requirements removed

  • 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.

8) Information, Instruction, Training and Supervisions (IITS) requirements

  • 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

Client Duties

  •  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: 

  1. 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)

  2. Is revised from time to time as appropriate to incorporate any relevant new information; and

  3. Is kept available for inspection by any person who may need it to comply with the relevant legal requirements.

Principal Designer Duties

  • 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

Key Designer Duties (no real changes from 2007 regs)

  • 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

Principal Contractors Duties

(no significant changes to the Principal Contractor Duties from CDM2007 in commercial builds. Significant responsibilities when working for Domestic Clients where these Rules will apply)
  • 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

Transitional Arrangements

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.

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