The Construction (Design & Management) Regulations CDM is Changing Jim McCarthy Terry Wallington

The Construction (Design & Management) Regulations

CDM is Changing

Jim McCarthyTerry 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

Duties All Projects Notifiable 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

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 Clients Duties

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

Start on Site when H&S Plan is Sufficiently Developed

Site Works Complete

Issue H&S File

Gather & Issue Pre-Construction H&S Information

Make Statutory Appointments

Design Risk Information Existing Environment

Principal Contractor Submits H&S Plan for Review

CDM Co-ordinator Principal Contractor

Revised F10 Submitted (where necessary

Initial F10 Submitted

Notifiable Works

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

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.

Construction (Design and Management) Regulation 2015

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.

http://www.hse.gov.uk/pubns/books/l153.htm

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


Appointment of co-ordinators required wherever there is more than one contractor.

Co-ordinators are now;

• Principal Designer• Principal Contractor.

A. Changes to the threshold for the appointment of Co-ordinators


The PD will be responsible for: 1. Planning, managing and monitoring the pre-construction phase2. Ensuring that risks are eliminated or controlled through design work3. Passing information to the Principal Contractor (PC)4. Ensuring co-operation and co-ordination5. Ensuring designers comply with their duties6. Assisting the Client in preparing the pre-construction information7. Preparing the health and safety file

B. Replacing the CDM Coordinator (CDM-C) with a Principal Designer (PD)


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).

c) Changes to the threshold for notification


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 pre-qualification organisations such as members of SSIP.


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; orii. Exceeds 500 person days.

9. Application to Domestic Clientsi. 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 More than one

contractor

Check Competence & Resources of all Appointees (general duty) a



Allow sufficient time and resources for all stages a

Provide Relevant (pre-construction) Information a



Notify HSE (when necessary) a

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 DutiesCDM 2007 CDM 2015

Duties All Projects

more than one

Contractor

Check Competence & Resources of all Appointeesa



Allow sufficient time and resources for all stagesa

Provide Relevant (pre-construction) Informationa

Appoint Principal Designer a


Ensure Suitable Construction Phase Plan in Placea

Provide Information Relevant to H&S Filea


Notify HSE (when necessary) a

Duties All Projects

Notifiable Projects

Check Competence & Resources of all Appointeesa



Allow sufficient time and resources for all stagesa

Provide Relevant (pre-construction) Informationa

Appoint CDM Co-ordinator a



Provide Information Relevant to H&S Filea

Retain & Provide Access to the H&S Filea

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.


Site Works Complete

Issue H&S File





CDM Co-ordinator (DW) Principal Contractor



Notifiable Works (2007)


Site Works Complete

Issue H&S File





Principal Designer



More than 1 Contractor (2015)

Principal Contractor

CDM 15

HSE NotificationPD & PC Appointment

Project Duration

Proj

ect C

ompl

exity

Additional PCI

PCI full

Pre-

Cons

truc

tion

Info

rmati

onExisting Information

CDM 15

High Risk


Low Risk

Medium Risk

Project Duration

Proj

ect C

ompl

exity

Additional PCI

PCI full

Pre-

Cons

truc

tion

Info

rmati


Cons

truc

tion

Phas

e Pl

an

Proj

ect C

ompl

exity

CDM 15

High Risk


Low Risk

Medium Risk

Project Duration

Proj

ect C

ompl

exity

Additional PCI

PCI full

Pre-

Cons

truc

tion

Info

rmati


Cons

truc

tion

Phas

e Pl

an

Proj

ect C

ompl

exity

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

[email protected]

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-and-management-regulations/

mailto:[email protected]

http://www.principalsafety.co.uk/







Documents

The Construction (Design & Management) Regulations CDM is Changing Jim McCarthy Terry Wallington