CDM 2015: A Brief Update
Introduction
The wait is over and the much anticipated and strongly debated Construction Design Management Regulations
2015 (CDM 2015) are now in place. This article gives a brief overview of:




why there was a need for change
what were the key objectives and proposals
the current position and transition period
a brief summary of the main changes
CDM 2007: The Need for Change
Although it was generally agreed that the intent, purpose and general structure of the previous CDM legislative
framework was fit for purpose, problems manifested themselves in industry due to legal interpretation, levels of
bureaucracy and tortuous and burdensome competency assessments (especially for the SMEs). Most
significantly there appeared to be lack of coordination at the pre-construction phase when hazards can be
designed out of the construction, use and maintenance phases of the project life.
Although there are many excellent CDM Coordinators operating in the UK, the majority view of the industry,
gleaned from the initial CDM Review, was that the role in its CDM2007 form has not added the value intended
by the legislation. In many cases this was attributed to lack of resources, late appointment and the fact that the
CDM Coordinators were not fully embedded in the design team.
HSE Objectives for CDM 2015
Experience in the UK construction industry led the HSE to believe there was a need:
 to reduce bureaucracy
 to embed the principles of CDM at the smaller end of the industry where the majority of the accidents
occur
 for greater alignment with the Temporary or Mobile Construction Sites Directive (TMCSD)
 for a more simple, linear and direct structure that maintained the same 'core' principles as CDM 2007
Key Proposals
A consultative document was issued in 2014 outlining the following main changes:
 a more linear legislative structure
 removal of the CDM Coordinator role
 introduction of the Principal Designer role
 removal of the domestic client exemption
 replacement of the Approved Code of Practice with Legal (L) Series Guidance and Duty Holder specific
guidance prepared by the industry
 provision of a more generic framework for competence
Current Position
The new CDM 2015 Regulations were approved by Parliament and came into force on 06 April 2015. The L Series
guidance to support CDM 2015 is also now available. Additional guidance has been written by CONIAC
(Construction Industry Advisory Committee) with the smaller businesses in mind and is generally duty holder
specific.
The guidance documents can be downloaded from the following links:
Legal (L) Series Guidance
Client Industry Guidance
Principal Designer Industry Guidance
Designer Industry Guidance
Principal Contractor Industry Guidance
Contractor Industry Guidance
Workers Industry Guidance
Transitional Period
There is be a transitional period that will run for six months from 6th April 2015 to 6th October 2015. For
projects starting before 6th April 2015, where the construction phase has not yet started and the Client has not
yet appointed a CDM Co-ordinator, the Client must appoint a Principal Designer as soon as it is practicable.
If the CDM Co-ordinator has already been appointed, a Principal Designer must be appointed to replace the
CDM Co-ordinator by 6th October 2015, unless the project comes to an end before then. Until the Client
appoints the Principal Designer, the appointed CDM Co-ordinator should comply with the duties contained in
Schedule 4 of the new CDM 2015 Regulations, which are largely the same as the current duties on a CDM
Coordinator.
Summary of Main Changes:

Structural Simplification
The structure of the legislation has been streamlined and simplified and has been aimed at small to
medium sized projects which tend to be operated by the SME end of the market.

Client Responsibilities
Changes within the Clients duties will make them much more accountable for the impact of their
decisions, their approach to project health and safety management and the way in which they ensure
that the Principal Designer and Principal Contractor comply with their own duties. The latter is regarded
by many as significant as this duty is not explicit under CDM 2007.

Removal of the Domestic Client Exception
This exemption was primarily removed to assure compliance with the TMCSD. However the HSE
recognise that the Domestic Client is unlikely to be able to competently carry out their duties. As a
result the Principal Contractor / Contractor will be required to take on these duties in the first instance.
The Principal Designer can also take on the duties, however they must be appointed in writing.

Principal Designer
The current role of CDM Coordinator will not exist in the new regulations and a new role of Principal
Designer has been defined. The Principal Designer will be appointed by the Client and must be the
Designer who is in control of the preconstruction phase of the project.
The roles carried out by the Principal Designer include:
1. Helping the Client prepare the pre-construction information and ensuring that this is received
promptly by the Designers and Principal Contractor
2. Ensuring all designers carry out their duties
3. Plan, manage and monitor the pre-construction phase and coordinate matters relating to safety
during the preconstruction phase to ensure that so far as is reasonably practicable the project is
without risk to health and safety
4. Eliminating or controlling risks throughout the design work, taking into account the general principles
of prevention
5. Ensuring there is sufficient co-operation and co-ordination between duty holders
6. Liaising with the Principal Contractor for the duration of the Principal Designers appointment to
share information relevant to the planning, management and monitoring of the construction phase
and coordination of health and safety matters during the construction phase
7. Preparing the health and safety file
Where the appointment of the Principal Designer concludes before the end of the project (which
frequently happens on smaller projects), the responsibility for preparation of the Health and Safety File,
and subsequent handover to the Client, will pass onto the Principal Contractor.

Duty Holder Appointment
Where more than one contractor is on site (or foreseeably will be) the Client must appoint a Principal
Designer and Principal Contractor in writing. For commercial projects the Client will be deemed to
undertake these roles if appointments are not made.

HSE Notification
The Client must notify the HSE of the project in writing (online F10) before the construction phase
begins if:
1. The project duration is longer than 30 days and will foreseeably have more than 20 workers on site at
any one time, or
2. The project duration will exceed 500 person days.

Construction Phase Plan
The Client is to ensure a Construction Phase Plan is in place for all projects, irrespective of size or
duration.

Health and Safety File
It should be noted that under the new regulations a Health and Safety File will only be required where
there is more than one contractor involved in the project.

Capability
The Client must ensure that those appointed (Principal Designer, Principal Contractor, Designer or
Contractor) can demonstrate appropriate skills, knowledge, experience and organisational capability.

Loss of the Approved Code of Practice (ACoP)
The ACoP (L144) has been replaced by L Series guidance. The HSE have indicated, in response to a
request from the HSE Board, that a new ACoP will be developed. However it could be 12 months before
such a document is available.
Source: Dr Michael Cash / Construction Group