of presentation (Design and goes here Regulations 2015 · Designer Principal Contractor 2007 2015 client Client (enhanced duties) CDM Coordinator Principal Designer ... Guidance

Title of presentationgoes here

Secondary title or presenters name

Construction (Design and Management) Regulations 2015

James Addley BA(Hons) Arch | RFaPS | Tech IOSH

Introduction

3

• Government pressure to ‘deregulate’

• Europe ‐ directive not fully implemented

• domestic clients

• coordinators required when 2 or more contractors

• Enhanced focus on small sites ‐ where accidents happen

Introduction - Background to Changes

4

Key Changes

• Significant structural simplification of the regulations

• Replacement of the ACoP with targeted guidance

• Removal of the CDMC role

• Introduction of new PD role

• Removal of explicit competence requirements

• Changes to the notification requirements

Duty holder changes:

Client

Principal Designer

Principal Contractor

2007 2015

client Client(enhanced duties)

CDMCoordinator

Principal Designer (New)

Designer Designer (Same)


Principal Contractor(same)

Contractors Contractors (same)

Workers(New)

6

PD and CDMC Duties

Some of the CDMCs duties have been transferred :

CDMC Task Assigned to Advise clients on their dutiesNotify HSE of the projectCo-ordinate H&S aspects of the workCollate & issue the pre-construction informationManage the flow of H&S informationAdvise the client on the adequacy of the CPPPrepare & deliver the H&S File

No longer required

No longer requiredPD and PC

ClientPrincipal DesignerClient and PDPD and PC

Roles and duties

Client duties

9

If there is more than one contractor the client must appoint :

• a Principal Designer and

• a Principal Contractor

Contractors could be :

• an individual

• a sole trader

• a self‐employed worker

• or a business

• the PC is also a contractor

The client has the PD duties if he fails to appoint a PD

The client may change the PD during the project

Trigger for the Regulations

10

Client Pillars

Successful H&S Project


Designers

Contractors

Principal Contractor (PC)

Workers

Principal Designer (PD)

Make suitable arrangements for managing

the project

Appoint a PD and PC

Allow sufficient time and resources for the project

Ensure relevant

information is prepared and given to other duty holders

Ensure the project is notified to

HSE

Ensure the PD and PC

carry out their duties

Ensure welfare

facilities are provided

Designer’s duties

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• A designer is an organisation or individual that prepares or modifies a design for any part of a construction project, including the design of temporary works, or who arranges or instructs someone else to do it.

• “Designers” include architects, consulting engineers, interior designers, temporary work engineers, chartered surveyors, technicians, specifiers, principal contractors and some tradespeople.

• You can also be carrying out design even if you would not normally identify yourself as a designer e.g. if you are a client or contractor specifying a particular roof system, deciding what size joists to use etc

The Role of the Designer

13

A design could include:

• Drawings, sketches, design details, specifications and product selection, bills of quantity or calculations, prepared for the purpose of constructing, modifying or using a building or structure, a product or system (such as a mechanical or electrical system).

What is a Design?

14

Designers’ duties

Be satisfied that the Client

is aware of their duties under the

Regulation

Appoint a

Ensure appropriate

information is included in

the Health and Safety File

I

Must take into account the

general principles of prevention

when preparing or modifying a

design

Must cooperate with other parties and

provide information in a comprehensible

and timely manner

Must have the skills,

knowledge and experience to undertake the

design

Provide information

about the risks to the




Clients

Contractors


Workers


Must take all reasonable

steps to provide sufficient

information about the design,

construction or maintenance

Designers

The general principles of prevention are to:

a) avoid risks; b) evaluate the risks which cannot be avoided; c) combat the risks at source; d) adapt the work to the individual, especially regarding the design of

workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work, work at a predetermined work rate and to reducing their effect on health;

e) adapt to technical progress; f) replace the dangerous by the non-dangerous or the less dangerous; g) develop a coherent overall prevention policy which covers technology,

organisation of work, working conditions, social relationships and the influence of factors relating to the working environment;

h) give collective protective measures priority over individual protective measures; and

i) give appropriate instructions to employees.

Principal Designer duties

17

Project Phases

Client

Project set‐up Principal Designer Pre‐Construction

Client

Construction and Handover

Principal Designer


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• An organisation or individual that has:

• Project relevant technical knowledge of theconstruction industry.

• The understanding/skills to manage & co-ordinate the Pre- construction phase, alsodesign work during construction, with regardto health and safety considerations.

• principal designers may have separate duties asdesigners.

Who is a Principal Designer?• A designer (though not necessarily a designer on the project) with control

over the pre-construction phase of the project with respect to mattersrelating to health and safety (early client appointment is thereforeessential)

The PD must be a Designer • This first criterion needs careful explanation: It means that the

PD needs to have the skills, knowledge and experience to understand the design process, the issues involved and the technical competence to understand what is being discussed by the appointed designers on the project.

• When delivering the PD duties care must be taken not to become a designer under disciplines that the PD has no design commission for. For example if appointed as structural engineers but not as architects then, when wearing the PD ‘hat’, you must not make architectural design decisions. The PD can challenge, question, argue their point etc. but not make the actual decision as that would attract designer’s liabilities in this area.

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Principal Designer Pillars



Designers

Contractors


Workers

Client

Plan, manage and monitor

the pre-construction

phase

Identify, eliminate or

control foreseeable

risks

Ensure designers

carryout their duties

(coordination and

cooperation)

Prepare and provide relevant

information to other duty

holders (PCI)

Liaise with the PC

throughout the

construction phase

Prepare the Health and Safety File

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Coordination (of Designers)

Client

Principal Designer Principal Contractor

Co‐ordination role

Clients

Planners

Architects

EngineersSpecialist Contractors Temporary Works Designers

Competence

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Removal of competence requirements. Replaced with a requirement for appropriate skills

• The duty holder must have the ability tojudge the health and safety competence ofthose they engage on constructionprojects.

• requirement is now to have the necessary skills, knowledge and experience and the organisational capacity

• there is actually little change in therequirement - it is in effect ‘as you were’

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PD competenciesCompetency Single discipline Multi‐discipline Large and/or complex/novel

A technical knowledge of the construction industry relevant to the project

Construction related degree (engineer, surveyor, architect) and able to demonstrate technical experience

Relevant site experience Experience of design review Relevant sector knowledge

Construction related degree(engineer, surveyor, architect)

Relevant site experience Experience of multi‐disciplinary

projects Undertaken multi‐disciplinary

design review Relevant sector knowledge or

experience

Construction Chartership(engineer, surveyor, architect)

Relevant site experience Experience of large and/or

complex projects Undertaken design reviews on

large and/or complex projects Relevant sector knowledge and

experience

An understanding of how health and safety is managed through the design process

Understand what CDM sets out to achieve

Understand safe by design principles

Knowledge of in‐house processes

IOSH Managing Safely in Construction* or equivalent




NEBOSH Construction Certificate or equivalent




NEBOSH Diploma or equivalent

The organisation and management skills to be able to influence the management of health and safety during the pre‐construction phase of the project and any ongoing design after construction begins

Understand how to plan, manage and co‐ordinate as a PD

Effective communication skills Confidence to challenge Ability to influence and engage

with stakeholders

Able to demonstrate management and co‐ordination skills required of a PD


with stakeholders

Able to demonstrate management and co‐ordination skills required of a PD


with stakeholders

Notification

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Changes to Notification criteria & the threshold for the appointment of coordinators• Client duty to notify projects lasting longer than 30 days and

on which more than 20 workers are planned to be working simultaneously at some point during or exceeding 500 person days.

• Disassociation of coordinator appointments and project notification.

• The intention is that this will no longer act as a threshold triggering additional duties as was the case for CDM 2007, which the HSE have contended will reduce complexity

• The new Regulations will require the appointment ofcoordinators (PD & PC) wherever there is more than onecontractor engaged on a project.

Guidance

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Information sources

Six guides: One for each of the five duty holders under CDM and an additional one for workers

Legal Series(L153)

SI 2015 No.51

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• Submit the F10 to the HSE - or check that the client has done so

• Submit the F10 to the HSE on behalf of the Client unless prior written authority received from Client

• Check the skills and experience of designers or contractors - unless you appoint them directly

• Advise the client on their appointments of designers and contractors

• Advise the client on their H&S arrangements for the project

• Review or approve the CPP - or check that it has been implemented

• Review or approve H&S arrangements on site

• Take overall responsibility for the project - you manage H&S in the pre-construction phase

• Supervise or monitor health and safety on site - that’s done by the PC

• Check or approve designs - other than reviewing H&S risks

What you don’t have to doPDs are not required to :

The APS

Mission

• As a leading professional institution in the field of construction health and safety risk management, The Association for Project Safety strives to continuously improve and promote the professional practice of design and construction health and safety risk management by:-– Setting standards;– Raising performance;– Providing guidance;– Educating and training; and– Working in partnership with others

• with the aim of construction workers and others returning home safely.

Categories of membership

STUDENT

ASSOCIATEAaPS

CERTIFIEDCMaPS

FELLOWFMaPS

REGISTERED PRACTICE

CORPORATE MEMBER

EXPERIENCE ROUTE

RETIRED

AFFILIATED

APPLICATION

Between 3 and 11 points

22 points / exam / interview / additional knowledge or training

INCORPORATEDIMaPS

12 – 21 points / exam / interview

Membership of the APS

• To help answer any outstanding questions about membership, we're holding a webinar:

Thursday 5 November 12.30-1.15pm.

CPD events: CDM in the domestic landscape• This CPD event will cover practical issues facing the Principal Designer on domestic

projects including: • understanding the role• training required• appointment arrangements• advising the client• design risk management• tender processes and contractor selection• work on site and completion• The course will look at what to do when a designer's appointment is restricted to a partial

design service - i.e. up to planning or building regulations stages only - and will look at the issues raised by self-build projects, issues that a Principal Designer should be aware of when considering design risk management and what information should be passed to the Principal Contractor.

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Arup Health & Safety Consultancy Services

CDM strategic advice Construction H&S corporate advice

Construction site safety (inspection) services

Baseline assurance audits

Review of training requirements Competent Person

Assistance developing client Safety

Management systems

Assistance with risk assessments (client

premises)Advice Line General Site Safety

BriefingHealth and Safety for Leaders (External) CDM for Designers Fire Warden Training CDM Audits

Training on Legislation

Newsletter including Legislative updates, notes or formal presentations

Strategic Asbestos Advice

Asbestos Awareness Training Competency response Accident / Incident

InvestigationIOSH Managing Safety in

Construction

Annual H&S Audits (18001 model)

Develop H&S management systems compliant with OHSAS

18001:2007

Develop quality management systems compliant with ISO

9001:2000

DSEAR risk assessments Training on the DSEAR Regulations COMAH ‐ training

COMAH ‐ preparation and review of safety reports and review of onsite and offsite emergency plans.

HAZOPS COSHH risk assessments PUWER risk assessments Deliver the NEBOSH Construction Certificate

Deliver IOSH Managing Safely

Deliver IOSH Working Safely

Review Facilities Management systems

Expert Witness Contaminated land ‐advice & training

Chemical classification and labelling issues ‐

advice

BOM – Building, Operation and Maintenance

H&S Due diligence

Documents

of presentation (Design and goes here Regulations 2015 · Designer Principal Contractor 2007 2015 client Client (enhanced duties) CDM Coordinator Principal Designer ... Guidance