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Peter WaxmanMultiplex Construction Europe Ltd
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The reality of CDM 2015
A practical look at the Principal Designer role
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Peter Waxman
Director of Multiplex CDM Services
June 2017
CDM 2015
THE APPROACH FROM A CDM
STANDALONE COMPANY WORKING
WITHIN A LARGER PRINCIPAL
CONTRACTOR FRAMEWORK
MULTIPLEX CDM SERVICES ARE A STANDALONE COMPANY IN
THE BROOKFIELD GROUP
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MULTIPLEX CDM SERVICES: WHAT WE DO
• we assist Designers in their role of
Principal Designer
• we assist Clients to discharge their
duties under CDM
• we provide CDM advice to Principal
Contractors who take on the role of
Principal Designer. We work on
Multiplex projects and projects for
other contractors such as Berkeley
Homes and Mount Anvil
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79-83 Oxford Street
THE VIEW FROM THE PRINCIPAL CONTRACTOR
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• pre-construction information is an important tool in understanding the risks
associated with the site
• the Principal Contractor takes on the risks which have been identified by the
design team through the design process in the pre-construction phase
• the Principal Contractor then manages the risk by either elimination, reduction
or control
• when acting as Principal Designer in the construction phase, the Principal
Contractor has to ensure that designers, including sub-contractors, address
risk
• the Principal Contractor seeks to handover a building that is safe to operate,
maintain, and in the future, demolish
WHAT IS EXPECTED FROM THE TEAM
• providing sufficient pre-
construction information to
ensure that the Principal
Contractor is aware of the
existing risks associated with the
site, and what further surveys
may need to be carried out
• the provision of information on
significant residual risks,
including buildability issues
• co-operation to eliminate,
reduce, or manage risks
throughout the construction
phase
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Principal Place Commercial
THE CONCEPT OF “RISK” WITH RESPECT TO HEALTH AND SAFETY
(OR HOW FAR DO YOU GO)
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Guidance note 83 from document L153 states:
"Designers have to weigh many factors as they prepare their designs. Health and
safety considerations have to be weighed alongside other considerations,
including cost, fitness for purpose, aesthetics, buildability, maintainability and
environmental impact”.
CDM 2015 allows Designers to take due account of other relevant design
considerations.
The Regulations are designed to ensure that the risk creators are also the
risk owners.
THE DUTIES OF THE PRINCIPAL DESIGNER
The Industry Guidance for Principal Designers, published by the CITB, notes that the
main duties of the role are to:
▪ assist the client in identifying, obtaining and collating the pre-construction
information
▪ provide pre-construction information to designers, the principal contractor and
contractors
▪ ensure that designers comply with their duties and co-operate with each other
▪ liaise with the principal contractor for the duration of the appointment
▪ prepare the health and safety file.
The CITB guidance is less explicit in the role that that the Principal Designer has in
ensuring that the design team work towards eliminating the risks associated with
design elements (L153 guidance note 103, Regulation 11)
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DESIGNERS' DUTIES WITH REGARD TO HAZARD AND RISK UNDER
THE CDM REGULATIONS
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• it is important to understand that the
phrase “risk assessment” comes from the
Management of Health and Safety at Work
Regulations 1999. Under CDM 2015, the
Designer is not required to produce an
assessment
• the Designer’s primary role as duty holder
is to avoid foreseeable risks whilst
designing, and not to simply assess the
risks which they have introduced
• notwithstanding the above, Designers need
to provide adequate information regarding
any significant risks which remain in their
design
White Collar Factory
WHAT NOT TO DO: EXTRACT FROM A DESIGNER’S RISK ANALYSIS
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CIRIA C755 AND THE CDM REPORT PROCESS
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EXTRACT FROM CIRIA DOCUMENT C755
1
2
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WORKING THROUGH THE HAZARD AND RISK PROCESS
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One of the stated principles behind the change in the regulations is to give the
responsibility for CDM during the design phase to the entity that has the ability to
influence the design on the project.
So,
a Principal Designer is the Designer “with control over the pre-construction
phase,” as defined in Regulation 2 of CDM 2015, which states that the:
“Designer” means any person (including a client, contractor or other person
referred to in these Regulations) 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
We therefore suggest that:
• companies who do not have a design function should not offer the PD role
• the Principal Contractor may also take on the role of Principal Designer on a
D&B project, once novation has taken place, providing he has the suitable
designer skills, or access to them
MULTIPLEX CDM’S VIEW OF THE REGULATIONS
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CDM D&B PROJECT PROCESS MAP
CDM 2015 MULTIPLEX PROCESS MAP
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PRE-CONSTRUCTION INFORMATION
SUB-CONTRACT
CDM HAZARD & RISK
CONSULTANT CDM HAZARD
& RISK REGISTER
O & M H & S FILE
CDM Progress Reports to Client
Concept Report Element Reports Sub-contract Risk Register
Access & Maintenance Register
RIBA STAGE 2 RIBA STAGE 3/4RIBA STAGE 1 RIBA STAGE 5/6
CDM 2015 THE APPROACH FROM A CDM STANDALONE COMPANY
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