1 CDM 2015 (Consultation) CDM 2007 2015 Principal Designer Evolution or Revolution

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CDM 2015 (Consultation)

CDM 2007 2015Principal Designer

Evolution or Revolution

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Topics

•Current Definition of ‘designer’

•Intentions of the TMCS Directive

•Intentions of CDM 2007/2015

•Headline Changes in CDM 2015

•The role of ‘Principal Designer’

•Active Management of Risk

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Designer (ACOP 2007)

115Designers are those who have a trade or a business which involves them in:

(a) preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations, and preparatory work; or

(b) arranging for their employees or other people under their control to prepare designs relating to a structure or part of a structure.

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116 Designers therefore include:

(a) architects, civil and structural engineers, building surveyors, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall responsibility for, any part of the design, for example drainage engineers designing the drainage for a new development;

(b) anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor who insists on specific material or a client who stipulates a particular layout for a new building;

Contd……

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(c) building service designers, engineering practices or others designing plant which forms part of the permanent structure (including lifts, heating, ventilation and electrical systems), for example a specialist provider of permanent fire extinguishing installations;

(d) those purchasing materials where the choice has been left open, for example those purchasing building blocks and so deciding the weights that bricklayers must handle;

(e) contractors carrying out design work as part of their contribution to a project, such as an engineering contractor providing design, procurement and construction management services;

Cont’d….

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(f) temporary works engineers, including those designing auxiliary structures, such as formwork, falsework, façade retention schemes, scaffolding, and sheet piling;

(g) interior designers, including shopfitters who also develop the design;

(h) heritage organisations who specify how work is to be done in detail, for example providing detailed requirements to stabilise existing structures; and

(i) those determining how buildings and structures are altered, for example during refurbishment, where this has the potential for partial or complete collapse.

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HSE Consultation

Consultation Document CD261 issued March 2014 with Responses submitted by 6th June 2014

1427 Responses received by HSE (considered good)400 responses were from Entertainments Sector Campaign524 responses were from CDM Co-ordinatorsOthers included clients, contractors, etc

Only 162 responses from designers

There are 39000 Architects on the ARB Register aloneadd IStructE, ICE, CIBSE, RICS, CABE, CIOB takes the tally to several 100,000 designers in construction.

In this context 162 seems to indicate a lack on interest/engagement with CDM.

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Implementation Date

6th April 2015

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Headlines

This is not a full explanation of the CDM Regulations

it is purely to highlight the proposed changes

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European Directive - Infractions

• Exclusion of domestic clients• Threshold of applicability

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CDM Co-ordinator - 2007

CDM Co-ordinators need a sound understanding of:

• health and safety in construction work;• the design process;• the importance of co-ordination of the

design process;• an ability to identify information which

others will need to know about the design in order to carry out their work safely.

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Andy Jobling - Technical Manager, Levitt Bernstein

MaPS 1999

RMaPS 2007

ARB1982

RIBA 1982

Architect / CDM Co-ordinator

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Notification

Notification •Is now an independent requirement.•does NOT trigger CDM duties•Client to submit F10

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Notification

Projects are NOTIFIABLE to HSE if:

More than 30 days duration on siteandMore than 20 operatives on site

orMore than 500 mandays of construction work

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Applicability

Construction Work… …not cleaning

Definition largely unchanged, except….

…or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use or corrosive or toxic substances)

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Applicability

• All ‘Construction’ Projects

• All ‘Clients’ including domestic

• All ‘Designers’

• Co-ordination Duties kick in where likely to be 2 or more contractors on site (as EC Directive)

• Co-ordination of Pre-Construction Phase byPrincipal Designer

• Co-ordination of Construction Phase byPrincipal Contractor

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Duty Holders

1994 Regulations 2007 Regulations 2015 Regulations

Client Client Client

Client’s Agent (None) Principal Contractor

(Domestic - default)

Principal Designer

(Domestic - Appt)

Designer Designer Designer

Planning Supervisor CDM Co-ordinator Principal Designer

Principal Contractor Principal Contractor Principal Contractor

Contractor Contractor Contractor

Integration of H&SCo-ordination into Design Team

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Principal Designer

Who ?

…‘designer’ in control of the Pre-Construction Phase of the project.

Doing what ?

…to plan, manage, monitor, co-ordinate the Pre-Construction Phase

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Principal Designer

‘Ensure’ …other duty holders

•No contractual relationship

•Not insurable

Health and Safety File… …subsequent appropriate revision from time to time…

•Responsibility in perpetuity ?

•No handover

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Principal Designer

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Client (except Domestic)

the Principal Designer and the Principal Contractor

….until the client appoints someone else !

Client is deemed to be

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Domestic Client

the Client can pass their duties to Principal Designer…

….or the Principal Contractor gets these by default !

Client Duties (None)

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Projects for Domestic Client

1st Appointed Designer = Principal Designer

1st Appointed Contractor = Principal Contractor

Defaults

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Construction Phase

Status Quo

Schedule 2 – Welfare Facilities retained

Construction Phase Plan – required on all projects but not reviewed or approved.

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Health & Safety on Construction Sites

Regulation 17(3)No timber or other material with projecting nails (or similar sharpobject) shall—(a) be used in any work; or(b) be allowed to remain in any place,if the nails (or similar sharp object) may be a source of danger to any person.

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Competence

ACOP – Appendix 4 dropped

Reliance on Management of Health & Safety Regulations – implicit requirement to employ competent company/individuals.

Emphasis on information, instruction, training and supervision. (Reg 8)

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ACOP

Mini-ACOPAutumn 2015

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Industry Guidance

HSE have left Construction Industry (CONIAC) to produce its own guidance documents

These are being written now in advance of the regs so could be at variance with final Regs

Legal status unsure ?

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Transitional Arrangements – CDM Co-ordinator

The new regulations require clients to appoint the Principal Designer as soon as practicable.

So what happens to existing CDM-C Appointments …. ?

HSE have indicated there will be a 6 month Transition Period (for projects in the Construction Phase).

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Principal Designer

Co-ordination of Health and Safety through the Pre-Construction Phase

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Designers’ Risk Assessment (DRA)

‘It is pointless to complete the

design first, then try to address the

risks which the design has

introduced.’ACOP Para 126

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Hazard Identification and Risk Management

Eliminate

Reduce

Inform

Control

http://www.hse.gov.uk/construction/designers/content/residualhazardlist.htm

active management of risk

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Hazard Identification and Risk Management

Eliminate

Reduce

Inform

Control

Reduce paperwork going forward

Project specific information

ask yourself ‘does it reduce risk ?’

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Active Management of Risk

Identify Hazard

What is Risk

What are Consequences

Who is affected

Allocate Risk Owner

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Plan successive actions to reduce risk

Regularly review actions taken

Record actions taken

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If Hazard cannot be eliminated through design state why.

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State Information needed by Principal Contractor to Manage risk during Construction Phase

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State Information needed by Client to manage any residual risk

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Combined into Risk Management Log with Summary at beginning

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…and Issue Log at the end.

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Communication

Communicate effectively:

notes on drawings

written information provided with the design

suggested construction sequences

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Communication - Symbols

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Communication - Symbols

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Designers’ Initiative on Health & Safety (DIOHAS)

Dissemination of best practice.

www.diohas.org.uk

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•Competence

•Sub-Consultancy and Criminal Law

•Professional Indemnity

•Fees

Possible Issues - Discuss

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Individual Responsibility

Do not be distracted by a few irresponsible operatives….

….designers can make a difference to the safety and health of building workers.

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Individual Responsibility

taking construction in its widest sense to include all those who build, clean, repair, maintain, demolish and now also use our buildings as a workplace - we may touch the lives of many thousands of people.

We have a duty to all of those.

Documents

1 CDM 2015 (Consultation) CDM 2007 2015 Principal Designer Evolution or Revolution