CONSTRUCTION
(DESIGN & MANAGEMENT)
REGULATIONS 2015
“They’re out and they come into force on 6th April 2015”
Presented by
Dave Carney
(Director of Carney Consultancy Ltd)
Information Sourced from CONIAC, HSE & APS Presentations
What am I going to Cover?
CDM2007 v. CDM2015 – the key changes
Reasons for the HSE changing CDM2007
Domestic Clients
The Principal Designer role – what will it involve?
Implications for existing contracts
Transitional arrangements
The future for CDM Co-ordinators.
The revised CDM
Regulations were laid
before Parliament on
29th January and are due to
come into force on
6 April 2015.
Reasons for the HSE changing CDM2007
CDM 2007 broad structure was fit for purpose:
• Problems generally arose through misinterpretation of
the Regulations
• The Regulations had not borne down on bureaucracy as
hoped
• The Regulations had led to an industry approach to
competence which was heavy-handed and in many
cases burdensome, particularly on SMEs.
Reasons for the HSE changing CDM2007
• The co-ordination function in the pre-construction phase
was not in many cases well-embedded
• Two thirds or more of fatalities now occur on small sites
– sites where fewer than 15 people work
• The larger, more structured part of the industry has
made significant progress in improving its management
of health and safety risks. Its motivation for achieving
higher standards is often one of continuous improvement
and innovation leading to best practice, rather than just
meeting regulatory requirements.
HSE Policy Objectives:
• Maintain or improve worker protection;
• Simplify the regulatory package;
• Improve health and safety standards on small construction
sites;
• Implement the Temporary or Mobile Construction Sites
Directive (TMCSD) in a proportionate way;
• Discourage bureaucracy; and
• Meet better regulation principles.
Part
1
2
3
Structure
of the
New
Regulations
4
5
Regulation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Detail
Citation and commencement
Interpretation
Application in and outside Great Britain
Client duties in relation to managing projects
Appointment of the principal designer and the principal contractor
Notification
Application to domestic clients
General duties
Duties of designers
Designs prepared or modified outside Great Britain
Duties of a principal designer in relation to health and safety at the pre-construction phase
Construction phase plan and health and safety file
Duties of a principal contractor in relation to health and safety at the construction phase
Principal contractor’s duties to consult and engage with workers
Duties of contractors
Application of Part 4
Safe places of construction work
Good order and site security
Stability of structures
Demolition or dismantling
Explosives
Excavations
Cofferdams and caissons
Reports of inspections
Energy distribution installations
Prevention of drowning
Traffic routes
Vehicles
Prevention of risk from fire, flooding or asphyxiation
Emergency procedures
Emergency routes and exits
Fire detection and fire-fighting
Fresh air
Temperature and weather protection
Lighting
Enforcement in respect of fire
Transitional and saving provisions
Revocation and consequential amendments
Review
Part
1
2
3
Regulation
Introduction
Clients Duties
H & S Duties
and Roles
Detail
1
Citation and commencement
2
Interpretation
3
Application in and outside Great Britain
4
Client duties in relation to managing projects
5
Appointment of the principal designer and the principal contractor
6
Notification
7
Application to domestic clients
8
General duties
9
Duties of designers
10
Designs prepared or modified outside Great Britain
11
Duties of a principal designer in relation to health and safety at the pre-construction phase
12
Construction phase plan and health and safety file
13
Duties of a principal contractor in relation to health and safety at the construction phase
14
Principal contractor’s duties to consult and engage with workers
15
Duties of contractors
Part
4
5
Regulation
General
Requirements
for all
Construction
Sites
Transitional
Provisions
Detail
16
Application of Part 4
17
Safe places of construction work
18
Good order and site security
19
Stability of structures
20
Demolition or dismantling
21
Explosives
22
Excavations
23
Cofferdams and caissons
24
Reports of inspections
25
Energy distribution installations
26
Prevention of drowning
27
Traffic routes
28
Vehicles
29
Prevention of risk from fire, flooding or asphyxiation
30
Emergency procedures
31
Emergency routes and exits
32
Fire detection and fire-fighting
33
Fresh air
34
Temperature and weather protection
35
Lighting
36
Enforcement in respect of fire
37
Transitional and saving provisions
38
Revocation and consequential amendments
39
Review
Application and Notification:
• CDM2015 will apply to all construction work – no
change here;
• Pre-construction archaeological investigation is no
longer construction;
• Pre-construction information and the pre-construction
phase are now clearly defined in draft regulations:
– Pre-construction is any period when design or
preparatory work is undertaken.
Application and Notification:
Any project, where it is reasonably foreseeable that
there will be more than one contractor working on the
site, will require the appointment both a Principal
Designer (PD) and a Principal Contractor (PC)
Application and Notification:
Any project, where it is reasonably foreseeable that
there will be more than one contractor working on the
site, will require the appointment both a Principal
Designer (PD) and a Principal Contractor (PC)
A project is Notifiable whenever construction work is
expected to:
– last longer than 30 days and have more than 20
workers simultaneously at any point; or
– exceed 500 person days.
Domestic Clients:
Definition of a client under CDM now includes domestic projects.
• Where the client is a domestic client
the clients duties must be carried out
by:
– The contractor where there is only
one contractor;
– The principal contractor for a
project where there is more than
one contractor; or
– The principal designer where there
is a written agreement that the PD
will fulfil those duties.
Domestic
Clients:
If no appointments are made by the domestic client:
• The Designer in control of the pre-construction
phase will be deemed to be the Principal Designer;
• The Contractor in control of the construction phase
will be deemed to be the Principal Contractor.
Clients Generally Must:
• make arrangements for managing a project that
are suitable … to ensure that construction work
is carried out (sfarp) without risk to the H&S of
any person and Schedule 2 (Welfare) is
complied with;
• provide pre-construction information as soon as
practicable to each designer and each
contractor engaged by the client;
• ensure that the arrangements are maintained
and reviewed throughout the project.
Clients Generally:
A client must ensure that:
• both the principal designer and the principal
contractor comply with their duties;
• before the construction phase begins the
contractor (if only one) or principal contractor
draws up a construction phase plan; and
• the principal designer prepares an appropriate
H&S File
Client now responsible for notification of projects
to the HSE as soon as is practicable before the
construction phase begins. (F10 Form)
General Duties - “Competence”:
Appendix 4 competence criteria are removed.
Reg 8(1)
A designer (including a principal designer) or contractor
(including a principal contractor) appointed to work on a
project must have the skills, knowledge and experience
and, if they are an organisation the organisational capability,
necessary to fulfil the role that they are appointed to
undertake, in a manner that secures the health and safety of
any person affected by the project.
Reg 8(2)
A designer or contractor must not accept an appointment
to a project unless they fulfil the conditions in 8(1)
Reg 8(3)
A person who is responsible for appointing a designer or
contractor to carry out work on a construction project
must take reasonable steps to satisfy themselves that
the designer or contractor fulfils the conditions in 8(1).
Reg 8(4)
A person with a duty or function under these Regulations
must cooperate with any person working on or in relation
to a project, at the same or an adjoining construction
site, to the extent necessary to enable the person with a
duty or function to fulfil that duty or function.
(Like CDM2007 Reg 5)
Designers:
Designers’ duties regarding elimination, reduction or
control of risks has been more clearly spelt out:
Reg 9(2)
When preparing, or modifying a design the designer must
take into account the GPP and any PCI to eliminate,
sfarp, foreseeable risks to the health and safety of any
person—
– (a) carrying out or liable to be affected by construction work;
– (b) maintaining or cleaning a structure; or
– (c) using a structure designed as a workplace.
Designers:
Reg 9(3)
If it is not possible to eliminate these risks, the designer
must so far as is reasonably practicable—
– (a) take steps to reduce, or if this is not possible,
control the risks through the subsequent design
process;
– (b) provide information about those risks to the
principal designer; and
– (c) ensure appropriate information is included in the
health and safety file.
CDM Coordinators:
• Will no longer exist as a statutory appointment from 6th
October 2015;
• Anticipated 6 month Transitional Period:
• Any existing CDMC appointment will be allowed to run
until October 2015 at the latest;
Some of the CDMC’s role will be taken on by the new
Principal Designer.
Principal Contractors:
Very little change here.
Reg 12(1)
During the pre-construction phase, and before setting up
a construction site, the principal contractor must draw up
a construction phase plan, or make arrangements for a
construction phase plan to be drawn up.
Reg 12(7) During the project, the PC must provide the PD
with any information in their possession relevant to the
H&S File, for inclusion in the H&S File.
Principal Contractors:
Reg 12(8)
If the principal designer’s appointment concludes before
the end of the project, the principal designer must pass
the health and safety file to the principal contractor.
Principal Contractors:
Application of general principles of prevention:
Reg 13(2) In fulfilling the duties in paragraph (1) and in
particular when —
• (a) decisions are made about the technical and
organisational aspects of the project; and
• (b) estimating the period of time required to
complete the work or work stages;
– the principal contractor must ensure that the general
principles of prevention are taken into account.
Management of Health & Safety at Work Regs 1999
General Principles of Prevention (Reg 4 Schedule 1)
a) Avoid risk
b) Evaluate the risks which cannot be avoided
c) Combating the risk at source
d) Adapting the work to the individual
e) Adapting to technical progress
f) Replacing the dangerous by non-dangerous or the less
dangerous
g) Developing a coherent overall prevention policy
h) Giving collective protective measures priority over individual
protective measures
i) Giving appropriate instructions to employees.
Contractors:
Again, very little change here, but…
• If there is no Principal Contractor, a construction phase
plan is required – for every project;
Reg 15(3)(a) Where there is more than one contractor
working on a project, a contractor must comply with any
directions given by the principal designer or the principal
contractor;
The Principal Designer role – what does it involve?
Principal Designer means “…the designer in control of
the pre-construction phase appointed under regulation
5(1)(a)…”
Designer means “…any person who in the course or
furtherance of a business –
(a) prepares or modifies a design; or
(b) arranges for or instructs any person under their control
to do so,…”
Responsible for planning, managing, monitoring and
coordination of health and safety during preconstruction phase, taking into account the general
‘principles of prevention’.
The Principal Designer role – what does it involve?
PD must ensure:
• project is carried out without risk to health or safety
(sfarp);
• assistance is provided to client in preparation of preconstruction information;
• identification, elimination or control of foreseeable risks
to h&s (sfarp);
• cooperation of all;
• designers comply with their duties;
• prompt provision of pre-construction information to all
designers and all contractors appointed by the client.
The Principal Designer role – what does it involve?
PD must:
• Liaise with the principal contractor for duration of project;
• Prepare a Health and Safety File during the preconstruction phase appropriate to the characteristics of
the project…
Removed from consultation draft:
“which includes information from client re Control of
Asbestos Regulations 2012.”
The Principal Designer role – what does it involve?
Who can do the role?
Explicit requirement for competence has been removed
from the CDM Regulations, however…
PD must be a ‘designer’ in control of the pre-construction
phase appointed by the client and capable of planning,
managing, monitoring and coordinating the health and
safety of the project during the pre-construction phase,
taking into account the general principles of prevention.
Transitional Provisions
Reg 37 refers to Schedule 4:
For projects involving more than one contractor which
started before 6 April 2015, where by that date the client
has not appointed a CDM co-ordinator, the client;
a) must appoint a principal designer, as soon as
practicable, if the construction phase has not started;
b) is not required to appoint a principal designer if the
construction phase has started, but may do so if they
wish. If they choose not to appoint a principal
designer, the principal contractor takes on the
responsibility for the health and safety file (see
Appendix 4).
Transitional Provisions
Schedule 4:
Where on 6 April 2015 the client has appointed a CDM coordinator, they must appoint a principal designer within
six months – i.e. by 6 October 2015.
The CDM co-ordinator must then comply with the duties
listed in paragraph 5 of Schedule 4 for the duration of
their appointment. These duties broadly reflect duties of
a CDM co-ordinator under CDM 2007, but also reflect
the arrangements under CDM 2015 which relate to the
construction phase plan and the health and safety file.
Transitional Provisions
Schedule 4:
During the transitional period, CDM co-ordinators do not
have to satisfy the criteria for a principal designer under
regulation 5(1)(a) that they should be a designer with
control over the pre-construction phase of the project,
nor do they have to comply with the principal designer
duties under regulation 11.
Transitional Provisions
Schedule 4 – other provisions:
Any pre-construction information, construction phase plan
or health and safety file provided in accordance with the
requirements of CDM 2007 are recognised as meeting
the requirements of the equivalent provisions in CDM
2015;
Notification of a project in accordance with CDM 2007 is
recognised as a notification for the purposes of CDM
2015; and
A principal contractor appointed under CDM 2007 will be
considered to be a principal contractor for the purposes
of CDM 2015.
Implications
• The very short Transitional Period could cause
contractual problems – particularly with Term Contract
appointments;
• Many more projects will require the appointment of a
Principal Designer and Principal Contractor – Standard
Contracts will require significant amendments;
• Clients may find themselves without someone to
adequately advise and assist them with their
management arrangements;
• Not as many projects will require Notification to the HSE.
Implications
• Competent designers will be expected to be capable of
discharging the PD role on smaller projects if asked by
the client;
• People should only take on the PD role if they have the
capability to do so or have someone capable to help
them discharge the duties;
• Larger or more complex projects may require the
appointment of a construction health and safety (CDM)
adviser to advise and assist the PD or client;
• If you are appointed as Principal Designer, employing
someone else to do the PD role on your behalf will not
transfer the legal liability but may help you discharge the
duties.
Summary
• Emphasis is on people taking responsibility for risk, not
passing it on;
• Designers appointed to undertake the PD role should
consider using a specialist H&S consultant for more
complex/larger projects;
• PDs should ensure they use an adequate form of
appointment;
• CDM issues should not change drastically for designers
but they may for others wishing to take on the PD role.
CDM 2015 - Summary
• Come into force on 6 April 2015. – (Only an early day
motion would now prevent them becoming enacted).
• The client is considered to have the most influence on
the health and safety of the construction project:
– They have responsibility for setting budget, programme and
engaging a capable project team
– This is reflected in the new regulations, with all of their duties
now being elevated to a ‘must do’.
CDM 2015 – Summary
• What’s key for the client will be to ensure that all
other duty-holders (principal designer and
contractor) that they appoint have the relevant skills,
knowledge and experience to fulfil these functions
• In addition they must ensure that sufficient
arrangements are prepared for managing projects so
that it can be delivered without risk to health and
safety.
Summary
Here are the Regulations –
get on and make them work!
APS is there to help – providing advice and guidance
• Public CDM Helpline www.aps.org.uk/cdmhelpline
• Detailed advice, guidance and technical helpline for
membership
www.aps.org.uk
Further Info / Help
ANY QUESTIONS?
Dave Carney
(Director of Carney Consultancy Ltd)
Why not visit our website @ www.carneyconsultancy.co.uk