The Construction (Design & Management) Regulations
CDM is Changing
Jim McCarthy
Terry Wallington
CDM 2007
&
Project (H&S) Management Procedures
CDM (2007)
All construction projects
Duties, appointments & documentation depend on notification
Notifiable (30 days or 500 person days)
Construction Health, Safety & Welfare & CDM Combined
CDM 2007 Clients Duties
Duties
All Projects
Check Competence & Resources of all Appointees
a
Ensure Suitable Management Arrangements
a
Ensure Arrangements for Welfare
a
Allow sufficient time and resources for all stages
a
Provide Relevant (pre-construction) Information
a
Notifiable
Projects
Appoint CDM Co-ordinator
a
Appoint Principal Contractor
a
Ensure Suitable Construction Phase Plan in Place
a
Provide Information Relevant to H&S File
a
Retain & Provide Access to the H&S File
a
CDM 2007
Client’s Duties include;
Ensure suitable management arrangements are in place
ACoP – guidance is to base procedures for non-notifiable
works on the procedures the Client has in place for notifiable
projects
Notifiable Works
Initial F10
Submitted
Make Statutory
Appointments
Gather & Issue PreConstruction H&S Information
Revised F10 Submitted
(where necessary
Principal Contractor Submits
H&S Plan for Review
Start on Site when H&S Plan is
Sufficiently Developed
Site Works Complete
Issue H&S File
CDM Co-ordinator
Principal Contractor
Design Risk Information
Existing Environment
The Construction (Design and Management) Regulations 2015
(CDM15)
The Construction (Design and Management) Regulations 2015
a) The HSE announced a proposal to replace the CDM regulations, it is intended that the new regulations will
come into force in April 2015.
b) A Consultative document was published (March 2014).
c)
Responses to the consultative document were made within the consultation period (June 2014).
d) HSE reviewed the responses and stated that it was their intention to implement the proposals set out in
the consultative document albeit with some minor amendments.
e) The new regulations will require changes to be made to how we manage H&S.
Construction (Design and Management) Regulation 2015
HSE’s stated objectives behind the proposed changes:
• 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
• Meet better regulation principles
Construction (Design and Management) Regulation 2015
Summary of (main) changes;
1. Regulations apply to all Clients, whether or not a person is acting in the course of furtherance of a business Domestic Clients now included.
2. If a client is a domestic client, the duties in regulation 4 and 6 will be carried out by the contractor, the principal
contractor or the principal designer.
3. The role of the CDM co-ordinator has been omitted and is replaced with the new role of principal designer.
4. Principal designer and principal contractor must be appointed when there is more than one contractor.
5. Notification to HSE no longer triggers duties.
6. Notification to HSE is required when works are of a duration of greater than 30 days and on which more than 20
workers are working simultaneously or exceed 500 person days.
7. Removing the explicit requirement for corporate competence and replacing the explicit requirement for
individual competence.
Other points (guidance);
1. HSE Guidance (L153) produced and made available from HSE website
2. Industry Guidance produced and available from CITB website
3. HSE have stated that they intend to provide an ACoP in the future
4. HSE have stated that they intend to provide template CPPs for smaller works
HSE and Industry guidance is available from; http://www.hse.gov.uk/pubns/books/l153.htm
Note; Duties of Designers, Principal Contractors and Contractors remain largely unchanged,
however the trigger for appointment of PC has changed.
CDM 2015 - Key Changes
A. Changes to the threshold for the appointment of Co-ordinators
B. Replacing the CDM Coordinator (CDM-C) with a Principal Designer (PD)
C. Changes to the threshold for notification
D. Changes to how competence will be assessed
E. Domestic Clients now included
CDM 2015 - Key Changes
A. Changes to the threshold for the appointment of Co-ordinators
Appointment of co-ordinators required wherever there is more than one contractor.
Co-ordinators are now;
• Principal Designer
• Principal Contractor.
CDM 2015 - Key Changes
B. Replacing the CDM Coordinator (CDM-C) with a Principal Designer (PD)
The PD will be responsible for:
1. Planning, managing and monitoring the pre-construction phase
2. Ensuring that risks are eliminated or controlled through design work
3. Passing information to the Principal Contractor (PC)
4. Ensuring co-operation and co-ordination
5. Ensuring designers comply with their duties
6. Assisting the Client in preparing the pre-construction information
7. Preparing the health and safety file
CDM 2015 - Key Changes
c) Changes to the threshold for notification
Under the CDM15 a project is notifiable if construction work lasts longer than 30 working
days AND has more than 20 workers working simultaneously at any point in the project, or
exceeds 500 person days.
So in practice it would be possible to have a project on site for say 40 working days with
the maximum number of persons on site not exceeding say 12 (max possible 480 person
days) or 60 days with 8 workers (max possible 480 person days).
CDM 2015 - Key Changes
D. Changes to how competence will be assessed
Specific guidance in regards to the checking of competence was provided in the ACoP
to CDM2007.
It is not included in L153, instead the new guidance directs Clients to PAS91 and prequalification organisations such as members of SSIP.
CDM 2015 - Key Changes
E. Domestic Clients
Domestic Clients are in the scope of CDM15 but their duties as a client are
transferred to:
• The contractor, on a single contractor project, or
• The principal contractor on a project involving more than one contractor
However, the domestic client can choose to have a written agreement with the
principal designer to carry out the clients duties.
CDM2015 Client Duties;
1. Client must make suitable arrangements for managing a project to ensure;
i. Works are completed without risk to the H&S of any person.
ii. Welfare arrangements are provided.
iii. These arrangements are maintained and reviewed throughout the project.
2. Client must provide pre-construction information to;
i. Each designer involved in the design.
ii. Each contractor engaged by the Client.
3. Client must ensure that;
i. The principal designer and the principal contractor comply with their duties.
ii. The Principal contractor (or contractor) produce a construction plan before the construction phase
begins.
iii. The principal designer prepares a H&S file for the project which; a) includes specified information, b)
is revised as necessary, c) is kept available for inspection.
4. Client must pass H&S File to new owner if he disposes of property.
CDM2015 Client Duties (cont);
5. Where there is more than one Client, one of them can elect to be treated as the client for the purpose of
the regulations.
6. Where more than one contractor will work on the project at any one time, the client must appoint in
writing a;
i. Principal Designer and a Principal Contractor.
ii. If the appointments of one or both are not made, the Client must fulfil the roles.
8. The Client must notify the HSE if construction work is scheduled to;
i. Last longer than 30 working days and have more than 20 workers working simultaneously at any
point in the project; or
ii. Exceeds 500 person days.
9. Application to Domestic Clients
i. Regulation 6 does not apply to domestic Clients, (duty to appoint in writing PD & PC).
ii. All other Client duties must be carried out by the contractor (or principal contractor if more than 1
contractor) unless the Client has a written agreement with a designer to complete the Clients duties.
Also general duties in regards to; Competence of persons appointed, co-operation, reporting anything likely to endanger.
CDM 2015 Clients Duties
Main Duties
All Projects
Check Competence & Resources of all Appointees (general duty)
a
Ensure Suitable Management Arrangements
a
Ensure Arrangements for Welfare
a
Allow sufficient time and resources for all stages
a
Provide Relevant (pre-construction) Information
a
Ensure Suitable Construction Phase Plan in Place
a
Retain & Provide Access to the H&S File
a
Notify HSE (when necessary)
a
More than
one
contractor
Appoint Principal Designer (in writing) or PD duties assumed by Client
a
Appoint Principal Contractor (in writing) or PD duties assumed by Client
a
Ensure PD prepares H&S File
a
Provide Information Relevant to H&S File for the project
a
Ensure PD & PC carryout their duties throughout the project
a
Clients Duties
CDM 2007
Duties
Check Competence & Resources of all Appointees
Ensure Suitable Management Arrangements
Ensure Arrangements for Welfare
Allow sufficient time and resources for all stages
Provide Relevant (pre-construction) Information
CDM 2015
All
Projects
Notifiable
Projects
Duties
Check Competence & Resources of all Appointees
a
Ensure Suitable Management Arrangements
a
Ensure Arrangements for Welfare
a
Allow sufficient time and resources for all stages
a
Provide Relevant (pre-construction) Information
a
All
Projects
more than
one
Contractor
a
a
a
a
a
Appoint CDM Co-ordinator
a
Appoint Principal Designer
a
Appoint Principal Contractor
a
Appoint Principal Contractor
a
Ensure Suitable Construction Phase Plan in Place
a
Ensure Suitable Construction Phase Plan in Place
Provide Information Relevant to H&S File
a
Provide Information Relevant to H&S File
Retain & Provide Access to the H&S File
a
Retain & Provide Access to the H&S File
a
Notify HSE (when necessary)
a
a
a
CDM2015 Principal Designers Duties;
Principal Designer must plan, manage, monitor and co-ordinate the pre-construction phase of a project, taking
into account the general principals of prevention to ensure;
1. That the project is completed without risks to health or safety.
2. That assistance is provided to the Client to prepare pre-construction information.
3. Identification, elimination or control of risks to the H&S of any person;
i. carrying out or affected by the construction work,
ii. maintaining or cleaning the structure,
iii. using the structure as a workplace.
4. The cooperation of all persons on the project.
5. Designers comply with their duties.
CDM2015 Principal Designers Duties (cont);
Principal Designer must plan, manage, monitor and co-ordinate the pre-construction phase of a project, taking
into account the general principals of prevention to ensure;
6. Preparation and appropriate revision of the H&S File.
7. Provision of pre-construction information in a convenient form to all designers and all contractors
appointed by the Client.
8. Liaison with the Principal Contractor as appropriate for the duration of the project. In particular in regard
to any information required by the Principal Contractor for his construction phase plan.
Notifiable Works (2007)
Initial F10
Submitted
Revised F10 Submitted
(where necessary
Make Statutory
Appointments
CDM Co-ordinator (DW)
Principal Contractor
Gather & Issue PreConstruction H&S Information
Design Risk Information
Existing Environment
Principal Contractor Submits
H&S Plan for Review
Start on Site when H&S Plan is
Sufficiently Developed
Site Works Complete
Issue H&S File
More than 1 Contractor (2015)
Make Statutory
Appointments
Principal Designer
Principal Contractor
Initial F10
Submitted
Revised F10 Submitted
(where necessary
Gather & Issue PreConstruction H&S Information
Principal Contractor Submits
H&S Plan for Review
Start on Site when H&S Plan is
Sufficiently Developed
Site Works Complete
Issue H&S File
Design Risk Information
Existing Environment
CDM 15
Project Duration
HSE Notification
Project Complexity
Pre-Construction
Information
PD & PC Appointment
Existing Information
Additional PCI
PCI full
CDM 15
Project Duration
HSE Notification
Project Complexity
Project Complexity
Construction
Phase Plan
Pre-Construction
Information
PD & PC Appointment
Existing Information
Additional PCI
PCI full
Low Risk
Medium Risk
High Risk
CDM 15
Project Duration
HSE Notification
Project Complexity
Project Complexity
Construction
Phase Plan
Pre-Construction
Information
PD & PC Appointment
Existing Information
Additional PCI
PCI full
Low Risk
Medium Risk
High Risk
Project Health & Safety File
Summary of (main) changes;
1. Regulations apply to all Clients, whether or not a person is acting in the course of furtherance of a
business - Domestic Clients now included.
2. 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.
3. The role of the CDM co-ordinator has been omitted and is replaced with the new role of principal
designer.
4. Principal designer and principal contractor must be appointed when there is more than one
contractor.
5. Notification to HSE no longer triggers duties.
6. Notification to HSE is required when works are of a duration of greater than 30 days and on which
more than 20 workers are working simultaneously or exceed 500 person days.
Questions?
Need more information?
Principal Safety
Offices in Wimborne, Weston-Super-Mare & Rochdale
info@principalsafety.co.uk
01202 802001
www.principalsafety.co.uk
HSE
Guidance L152 - http://www.hse.gov.uk/pubns/books/l153.htm
CITB
http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-andmanagement-regulations/