CDM2015 - Planning & Building Control Today · count, where necessary, of the industrial activities...
Transcript of CDM2015 - Planning & Building Control Today · count, where necessary, of the industrial activities...
OVER 25 YEARS PROVIDING EFFECTIVE AND EFFICIENT HEALTH & SAFETY ADVICE AND TRAINING TO THE CONSTRUCTION INDUSTRY AND OTHERS
CDM2015Construction (Design and Management)
Regulations 2015
2 www.callsafe-services.co.uk
It is relatively common that a facility is handed over to
the client operations before all snagging on a construction
project, or even the main construction scope, has been
completed, resulting in the client’s management systems
taking precedence over the principal contractor’s.
The following article discusses the legal requirements and
the potential options for legal compliance and effective
health and safety management during the difficult transi-
tion from construction project to operational facility.
As the client is now ‘in control’ of the facility, can the
principal contractor, appointed under the Construction
(Design and Management) Regulations 2015 (CDM2015),
remain as the principal contractor? Historically the
construction project has been deemed to be completed
at handover, even though it wasn’t, and the client’s
management systems were operated as for any work
undertaken within the facility.
It is assumed for this discussion that the project will
have more than one contractor involved in the project
delivery, and that a principal contractor has been
appointed, but the client wishes to take over the facility
prior to completion of snagging.
CDM2015 defines a contractor as follows:
“contractor” means any person (including a non-domestic
client) who, in the course or furtherance of a business,
carries out, manages or controls construction work;
CDM2015 defines the principal contractor as follows:
“principal contractor” means the contractor appointed under
regulation 5(1)(b) to perform specified duties in regulations
12 to 14;
The duties that a principal contractor must perform,
and the issues that should be addressed to determine
who the principal contractor should be after handover
are shown below:
Appointment of the principal contractorRegulation 5 Appointment of the principal
designer and the principal contractor
5. (1) Where there is more than one contractor, or if
it is reasonably foreseeable that more than one
contractor will be working on a project at any time,
the client must appoint in writing –
(b) a contractor as principal contractor.
A principal contractor must be appointed by the client for
the full duration of the construction work, although the
appointment can be changed, e.g. the appointment of
the original principal contractor can be rescinded and
the client can appoint themselves as principal contractor,
assuming that the client is skilled, knowledgeable, expe-
rienced and capable for the performance of the principal
contractor’s duties for the phase(s) of the project that
they are appointed for.
As required by Reg.5(4), the client will be assumed to be
the principal contractor, and be held criminally liable for
any non-compliance with the principal contractor’s duties,
for any part of the construction phase, which includes
commissioning and snagging, for any period in which no
appointment has been made by the client.
The construction phase planRegulation 12 Construction phase plan and health
and safety file
12. (1) During the pre-construction phase, and before
setting up a construction site, the principal contractor
must draw up a construction phase plan or make
arrangements for a construction phase plan to be
drawn up.
12. (2) The construction phase plan must set out the health
and safety arrangements and site rules taking ac-
count, where necessary, of the industrial activities
taking place on the construction site and, where
applicable, must include specific measures concern-
ing work which falls within one or more of the
categories set out in Schedule 3.
CDM2015 requires a Construction Phase Plan for all
construction work and a principal contractor appointed to
manage the health and safety of the project if more than
one contractor is involved in the project. As snagging will
almost inevitably involve more than one contractor and
CDM2015Construction (Design and Management) Regulations 2015
Who is the Principal Contractor after Handover?
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the snagging is still part of the original project, the full
requirements of CDM2015 still apply.
It is difficult to envisage the original principal contractor
being able to manage the health and safety of the
snagging work when the client’s management systems
take precedence and the likely event of the original
principal contractor not being present at the facility when
all of the snagging work takes place.
It should also be appreciated that at the latter stages
of most, if not all, construction projects is when the
greatest risks for accidents occur. This is due to a
number of factors, as follows:
❑ The client’s pressure to get the project finished;
❑ The construction personnel’s desire to get onto the
next project;
❑ The fact that snagging is re-work that is costing the
contractor money;
❑ The relatively small nature of snagging tasks and the
resultant lack of planning;
❑ The potential interfaces with other contractors’ and
client’s personnel.
Whether the original principal contractor remains
appointed, or the client changes the appointment so
that the client is the principal contractor for the snagging,
whoever is in control of the work areas must comply
with the following regulation.
12. (4) Throughout the project the principal contractor
must ensure that the construction phase plan is
appropriately reviewed, updated and revised from
time to time so that it continues to be sufficient to
ensure that construction work is carried out, so far
as is reasonably practicable, without risks to health
or safety.
If the client has taken control of the work areas that
snagging will take place within, the client is the most
appropriate person to amend the construction phase
plan to reflect the management arrangements for the
snagging work. As the construction phase plan is ‘owned’
by the principal contractor, this would also require the
client to be appointed as principal contractor for this
phase of the project.
Management of construction health and safetyThe principal contractor’s duties pertaining to this phase
of the project are primarily contained within regulation
13, as follows:
Regulation 13 Duties of a principal
contractor in relation to health and safety
at the construction phase
4 www.callsafe-services.co.uk4
13. (1) The principal contractor must plan, manage and
monitor the construction phase and coordinate
matters relating to health and safety during the
construction phase to ensure that, so far as is
reasonably practicable, construction work is carried
out without risks to health or safety;
13. (2) In fulfilling the duties in paragraph (1), and in
particular when –
(a) design, technical and organisational aspects are
being decided in order to plan the various items or
stages of work which are to take place simultaneously
or in succession; and
(b) estimating the period of time required to complete
the work or work stages;
the principal contractor must take into account the
general principles of prevention.
13. (3) The principal contractor must –
(a) organise cooperation between contractors
(including successive contractors on the same
construction site):
(b) coordinate implementation by the contractors of
applicable legal requirements for health and safety;
and
(c) ensure that employers and, if necessary for the
protection of workers, self-employed persons –
(i) apply the general principles of prevention in a
consistent manner, and in particular when
complying with the provisions of Part 4;
(ii) where required, follow the construction
phase plan.
13. (4) The principal contractor must ensure that –
(a) a suitable site induction is provided;
(b) the necessary steps are taken to prevent access by
unauthorised persons to the construction site; and
(c) facilities that comply with the requirements of
Schedule 2 are provided throughout the construction
phase.
Control of work areasIt is obvious from the above principal contractor duties
that whoever the principal contractor is, they must be in
control of the work areas.
The client will certainly have to some extent control of
the work areas after handover, which, even as far back
as the Health and Safety at Work, etc. Act 1974 places
legal obligations on the client, particularly as required by
the following Sections:
2. General duties of employers to their employees.
3. General duties of employers and self-employed to
persons other than their-employees.
4. General duties of persons concerned with premises
to persons other than their employees.
Section 4 of the Health and Safety at Work, etc. Act
1974, states:
(1) This section has effect for imposing on persons
duties in relation to those who –
(a) are not their employees; but
(b) use non-domestic premises made available to them
as a place of work or as a place where they may use
plant or substances provided for their use there,
and applies to premises so made available and
other non-domestic premises used in connection
with them.
(2) It shall be the duty of each person who has, to any
extent, control of premises to which this section
applies or of the means of access thereto or egress
therefrom or of any plant or substance in such
premises to take such measures as it is reasonable
for a person in his position to take to ensure, so far
as is reasonably practicable, that the premises, all
means of access thereto or egress therefrom avail-
able for use by persons using the premises, and any
plant or substance in the premises or, as the case
may be, provided for use there, is or are safe and
without risks to health.
The health and safety fileIf it is assumed that the client will appoint themselves as
principal contractor for snagging after handover, it should
be noted that regulation 12 places some further duties
on the principal contractor, with reference to the health
and safety file, as follows:
12. (7) During the project, the principal contractor must
provide the principal designer with any information
in the principal contractor’s possession relevant to
the health and safety file, for inclusion in the health
and safety file.
12. (8) If the principal designer’s appointment concludes
before the end of the project, the principal designer
must pass the health and safety file to the principal
contractor.
12. (9) Where the health and safety file is passed to the
principal contractor under paragraph (8), the
principal contractor must ensure that the health
and safety file is appropriately reviewed, updated
and revised from time to time to take account of
the work and any changes that have occurred.
12.(10) At the end of the project, the principal designer, or
where there is no principal designer the principal
contractor, must pass the health and safety file to
the client.
As the production and delivery of an accurate and
complete health and safety file is in the interests of
the client anyway, this should not be an unreasonable
5www.callsafe-services.co.uk
requirement if the client appoints themselves as principal
contractor for snagging after handover. The health and
safety file should have been essentially completed by the
principal designer by this stage in the project, so any
changes or additions should be minor.
Consultation with the workersIf the client does take on the responsibilities of the
principal contractor for snagging after handover, there
are also the requirements of regulation 14 to consider.
Regulation 14 Principal contractor’s duties to
consult and engage with workers
The principal contractor must –
(a) make and maintain arrangements which will
enable the principal contractor and workers engaged
in construction work to cooperate effectively in
developing, promoting and checking the effectiveness
of measures to ensure the health, safety and
welfare of the workers;
(b) consult those workers or their representatives in
good time on matters connected with the project
which may affect their health, safety or welfare, in
so far as they or their representatives have not been
similarly consulted by their employer;
OptionsThe following options can be adopted for the effective
management of construction project snagging works,
and full compliance with the Construction (Design and
Management) Regulations 2015 (CDM2015):
All Snagging Completed Prior to Handover
This is by far the most effective health and safety option
as the principal contractor remains in control of the work
and the site for all construction work on the project.
This option can delay the handover and utilisation of the
new facility, which may be commercially and contractually
a difficult option.
Phased Handover of the Facility
If the facility can be handed over to the client by specific
areas so that an area is not handed over to the client
until all snagging within that area has been completed
the original principal contractor can remain, as they
would still be in control of the areas in which construction
work (snagging) is still to be completed.
This will require designation of facility areas so that
it is clear who is control of each area; preferably with
physical separation; e.g. barriers, between areas.
This option can be difficult to manage and will still delay
the handover and utilisation of the complete facility,
which may still be commercially and contractually a
difficult option.
Handover of the Facility to the Client before
Snagging is Complete
It is contended that if the facility is handed over to the
client with snagging still to be completed the appoint-
ment of the original principal contractor should be
withdrawn and the client should appoint themselves as
principal contractor until snagging is completed.
The client, as the appointed principal contractor,
would be required to produce a construction phase plan,
specifically for the snagging work, and manage the
health and safety aspects of the snagging work, including
reviewing snagging contractors’ risk assessments and
method statements, scheduling the snagging work with
the operational requirements, and the issue of permits to
work, if appropriate.
SummaryIt is the client’s responsibility, and duty, under CDM2015
to ensure effective health and safety management
throughout the construction project. Once construction is
completed on the project, the client also has responsibil-
ities and duties under the Health and Safety at Work,
etc. Act 1974, specifically Sections 2, 3 and 4.
This then means that whatever arrangements are put in
place or whichever of the above options is adopted, the
client is responsible for the health and safety management
of the facility after handover.
Whichever option is adopted, the management
of health and safety is of prime concern, and
any arrangements should not cause unnecessary
risks due to a lack of coordination, cooperation or
communication.
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2016Shaping and sharing good practice in design and construction health and safety risk management
PREVENTION OF ILL HEALTH THROUGH DESIGN – A PRACTICAL APPROACH FOR DESIGNERSThe disproportionate harms caused by ill health need a considered response from the industry. This CPD event is for Designers, Principal Designers and Clients involved with developing designs for construction projects who want to play their part in reducing harms caused to construction workers by just turning up to work every day.
The seminar will lay out the causes of ill health in the construction industry in the UK and, using illustrations, identify practical steps that those responsible for developing designs can take to prevent or reduce the harms to which construction workers and the public are exposed. This practical study will also include issues that need to be considered to address the well-being of those construction workers who are involved in the project after practical completion, i.e. those maintaining, refurbishing
and demolishing the structure. The health of those using structures as workplaces will also be addressed.
The material presented will be structured around the heirachy of choices offered by the General Principles of Prevention and assist designers to understand the need to address design risk management in a proportionate way as they meet their CDM obligations to eliminate risk and reduce risk ‘so far as is reasonably practicable’.
100 TO 1
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national continuingprofessional developmentprogramme 2016
For APS Members, transition from IMaPS to CMaPs requires the demonstration of additional knowledge on a number of health and safety topics. Whist three of the topics can be chosen from a range of subjects, demonstration of knowledge of construction health issues will be mandatory. This CPD will cover some of the material required to demonstrate knowledge in this area.
FEBRUARY - APRIL 2016
FEBRUARY - APRIL 2016
Shaping and sharing good practice in design and construction health and safety risk management
PREVENTION OF
Shaping and sharing good practice in design and construction health and safety risk management
LL HEALTIPREVENTION OF
Shaping and sharing good practice in design and construction health and safety risk management
ROUGH THLL HEALT
Shaping and sharing good practice in design and construction health and safety risk management
DESIGN –HROUG
2016
DESIGN –
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Designers, for is event CPD response from the industry. Thisby ill health need a consideredThe disproportionate harms caused
PRACTIC AA PRACTICAL
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FOR DESIGNERSHROAC
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FOR DESIGNERS
developing designs can take tosteps that those responsible forillustrations, identify practicalindustry in the UK and, usingof ill health in the constructionThe seminar will lay out the causes
up to work every day.construction workers by just turningpart in reducing harms caused toprojects who want to play their
reasonably practicable’.risk and reduce risk ‘so far as istheir CDM obligations to eliminatein a proportionate way as they meetto address design risk managementdesigners to understand the needPrinciples of Prevention and assist
developing designs can take tosteps that those responsible forillustrations, identify practicalindustry in the UK and, usingof ill health in the constructionThe seminar will lay out the causes
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reasonably practicable’.risk and reduce risk ‘so far as istheir CDM obligations to eliminatein a proportionate way as they meetto address design risk managementdesigners to understand the needPrinciples of Prevention and assist
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i.e. those maintaining, refurbishingproject after practical completion,workers who are involved in thethe well-being of those constructionneed to be considered to addressstudy will also include issues thatpublic are exposed. This practicalwhich construction workers and theprevent or reduce the harms todeveloping designs can take to
to demonstrate knowledge in this area.i.e. those maintaining, refurbishingproject after practical completion,workers who are involved in thethe well-being of those constructionneed to be considered to addressstudy will also include issues thatpublic are exposed. This practicalwhich construction workers and theprevent or reduce the harms to
will be mandatory. This CPD will cover some of the material requiredsubjects, demonstration of knowledge of construction health issuessafety topics. Whist three of the topics can be chosen from a range of
For APS Members, transition from IMaPS to CMaPs requires the
to demonstrate knowledge in this area.will be mandatory. This CPD will cover some of the material requiredsubjects, demonstration of knowledge of construction health issuessafety topics. Whist three of the topics can be chosen from a range of
For APS Members, transition from IMaPS to CMaPs requires the
to demonstrate knowledge in this area.will be mandatory. This CPD will cover some of the material requiredsubjects, demonstration of knowledge of construction health issuessafety topics. Whist three of the topics can be chosen from a range of
For APS Members, transition from IMaPS to CMaPs requires the
will be mandatory. This CPD will cover some of the material requiredsubjects, demonstration of knowledge of construction health issuessafety topics. Whist three of the topics can be chosen from a range of
For APS Members, transition from IMaPS to CMaPs requires the
AFEBRUARY -
PRIL 2016A
speaker12:00 Registration and a sandwich lunch
13:00 Welcome and introduction
13:05 Harms to health in the construction industry
13:30 The case for proportionate action by designers and others
13:45 A framework for action – the general principals of prevention and SFARP
14:15 The responsibilities of contractors and workers
14:30 Tea, coffee and biscuits
15:00 Practical examples of possible prevention through design actions
16:30 Questions
17:00 Close
Philip Baker BPS Solutions
Philip Baker is a designer by training and has been heavily involved in CDM since 1995. Philip, a Past President of the Association for Project Safety and a Registered Fellow, has been involved in a wide range of projects as CDM-C and has advised the full range of duty holders on how they can discharge their duties effectively.
Philip has kept close tabs on the development of the revisions to CDM2007 and has supported a number of public and private clients to prepare for the changes that their organisations might make in response to CDM2015. Amongst his current commissions Philip is the CDM Compliance Manager working for London Underground on the Northern Line Extension.
Philip is a vociferous exponent of the case for prevention through design and has made well received presentations on the subject of prevention of ill health through design on a number of occasions both in the UK and overseas.
programme
Dates and Venues
DATE VENUE REGION
FEBRUARY
Thurs 4th Holiday Inn Express: Stansted Airport Anglia
Tues 9th University of Westminster: London London
Wed 10th The Arora Hotel: Crawley South East England
Wed 17th Jurys East Midlands Airport: Castle Donnington East Midlands
Wed 24th The Arden Hotel: Solihull Midlands
Thurs 25th Kents Hill Park: Milton Keynes South Central England
MARCH
Wed 9th Cottons Hotel and Spa: Knutsford North West England
Thurs 10th Holiday Inn Leeds Garforth Yorkshire Tues 29th Copthorne Cardiff Wales
Wed 30th Aztec Hotel and Spa: Bristol South West England
Thurs 31st Exeter Racecourse and Conference Centre South West England
APRIL
Wed 13th Village Hotel, Glasgow Scotland West
Thurs 14th New Forge Country Club: Belfast Northern Ireland
Tues 26th AECC: Aberdeen Scotland North
Wed 27th Holiday Inn: Edinburgh Scotland East
Thurs 28th Marriott Metro Centre: Gateshead Northern England
To book a place on one of the above events, please visit: https://www.aps.org.uk/aps-national-cpd-events-calendar-2015
APS 5 New Mart Place Edinburgh EH14 1RWT 08456 121 290 F 08456 121 291 E [email protected] www.aps.org.uk
Members Discount Rate
£85.00 (including sandwich lunch)
Non Members
£115.00 (including sandwich lunch)
Don’t forget get your APS Loyalty Card stamped at the Seminar to benefit from the ‘five seminars for the price of four’ offer.
9www.aps.org.uk
Association for Project Safety
The phone line has been red hot since the
introduction of CDM2015 in April 2015. Everyone
wants to know the implications of the new
CDM Regulations; what they mean for their
projects, clients, designers and contractors.
“Can I be a Principal Designer?” “My client
wants to appoint me to carry on giving him
advice on his construction projects – is that
allowed?” “How strict is the Principal Designer
duty to ensure designers comply with the
regulations?” “What is going to happen on
domestic projects?” “What if my domestic
client appoints all the contractors separately?”
Non-domestic Clients and
the new CDM Regulations.
If you are about to alter or extend a building or structure,
thinking of putting up a new one or demolishing an
existing one, in connection with a business activity, then
the Construction (Design and Management) Regulations
2015 (CDM2015) place a number of specific duties on
you as a construction Client. The extent of these varies
with the type of project involved – and for many projects
you will need an adviser available to help you deal with
these. On projects that are likely to involve more than
one contractor , you are required to appoint a Principal
Designer before significant detailed design work starts so
that they can advise and assist you with your health and
safety duties and plan, manage, monitor and co-ordinate
the health and safety of the pre-construction phase of
the project. Significant detailed design work includes
preparation of the initial concept design, master planning
or implementation of any strategic brief.
A client is an organisation or indiviual for whom a
construction project is carried out. Commercial clients
are those whose project is associated with a business or
other undertaking (whether for profit or not). This can
include for example, local authorities, school governors,
insurance companies and project originators on Private
Finance Initiative (PFI) projects. Domestic clients also
have duties under CDM2015. Domestic Client duties are
discussed on pages 12 and 13.
The aim of these Regulations is to make Health & Safety
an essential and integral part of the planning and
management of projects and to make sure that everyone
works together to reduce the risk to the Health & Safety
of those who work on the structure, who may be affected
by these works, or who will use it as a place or work
once it’s completed.
Advantages for You: If everyone involved in your project
complies with the CDM Regs, they will help to:
■ Improve planning and management and so help ensure
that the project is completed on time, within budget
and to the required standards;
■ Reduce costs, delays and bad publicity resulting from
accidents or ill health;
■ Make sure that cleaning, maintenance and repair
issues have been thought through;
■ Reduce whole life costs of the building / structure;
■ Provide useful information for the maintenance and
possible future development of the building/structure.
The Regulations recognise that as the Client, you hold
the power to influence and control those you engage or
appoint on a project, and therefore that the ultimate
responsibility for the achievement of a safe project is in
your hands as much as theirs. The Regulations are about
making sure that there is:
■ Early appointment or engagement of capable key
people or organisations that have sufficient skills,
knowledge, experience and resources;
■ A realistic project programme which gives enough
time for planning and programming as well as carrying
out the work itself;
■ Early identification and reduction of construction risks
and proper management of those that remain, so that
construction is safe and does not damage the health of
workers or others;
■ Co-operation between all involved in a project and
effective coordination regarding Health & Safety issues;
■ Adequate welfare facilities provided from the start and
throughout the construction phase.
CDM2015: What clients need to do
10 www.aps.org.uk
and that:
■ Appropriate information is made available to the right
people at the right time, from the start of the design
process through construction, use (if a place of work)
and maintenance to the eventual demolition or removal,
so that work can be carried out safely and without risk
to health.
■ However it is important that the amount of effort de-
voted to managing Health & Safety is kept appropriate
and proportionate to the complexity of the project and
level of risks.
What type of project are you planning?Irrespective of size or duration, the CDM regulations sep-
arates construction projects into two types - dependent
on how many contractors will be involved in the project.
The two types are:
■ Projects with only one contractor – where the project
will only require one contractor working on the site.
An example of this might be an electrician rewiring
part of a building when no other trades are required
to do any work.
■ Projects that are likely to involve more than one
contractor - this will be the majority of projects. If
the work will require a bricklayer, electrician, plumber,
roofer and plasterer, that is five contractors.
On projects involving only one contractor a good designer
or contractor should be able to advise you on how you
can comply with your duties.
If you are in doubt, you should assume that the project
will require more than one contractor. Your health and
safety adviser, designer or contractor if already appointed
should be able to help you decide or you can contact
The Association for Project Safety (APS) as a source of
independent advice.
Your duties as a commercial construction client:There are duties for you that apply to ALL projects and
additional duties that apply to projects with more than
one contractor.
On ALL projects you will need to:
■ Appoint or engage people and organisations that
have sufficient health and safety skills, knowledge and
experience to enable them to carry out the work they
have to do and are adequately resourced;
■ Ensure that all appointments are made early enough
to enable those appointed to carry out their duties
effectively;
■ Make suitable arrangements for managing the project
and make sure they remain in place and are reviewed
throughout the project, so that construction works can
be carried out safely and without risk to health;
■ Make sure sufficient time and resources are allocated
for each stage of the project, including design, prepara-
tion for starting on site and the construction work itself;
■ Be satisfied that suitable welfare facilities are provided
by Contractors from the start and throughout the
construction phase.
■ Provide pre-construction information as soon as
practicable to every designer and contractor you
appoint, so that they can comply with their duties;
■ Ensure that, before the construction phase commences,
a suitable Construction Phase Plan is drawn up by the
contractor;
■ Notify the Health and Safety Executive of the project if
the construction phase is likely to last longer than 500
person days or last longer than 30days with 20 or
more people on site.
The Regulations mostly require you to ensure that a
number of things are done rather than actually do them
yourself. On Projects where it is likely that there will be
more than one contractor working, you MUST, in addition
to those duties above, make sure that you:
■ Appoint a designer with control over the pre-construc-
tion phase health and safety as ‘Principal Designer’.
The appointment must be in writing,
■ Appoint a contractor as ‘Principal Contractor’ as soon
as is practicable before the construction phase, to
plan, manage and monitor the construction phase;
■ Ensure that the Principal Designer and Principal
Contractor comply with their duties;
The Principal Designer must:
- plan, manage and monitor the pre-construction
phase and coordinate health and safety matters to
ensure that, so far as is reasonably practicable, the
project is carried out without risks to health or safety;
11www.aps.org.uk
- liaise with the Principal Contractor for the duration
of the Principal Designer’s appointment and share
relevant health and safety information;
- assist you in the provision of pre-construction
information;
- co-ordinate arrangements for Health & Safety during
the design and planning (pre-construction) phase.
The Principal Contractor must:
- plan, manage and monitor the construction phase and
coordinate health and safety matters to ensure that,
so far as is reasonably practicable, the construction
work is carried out without risks to health or safety;
- liaise with the Principal Designer for the duration of
the Principal Designer’s appointment and share rele-
vant health and safety information;
- make and maintain arrangements for effective
cooperation of matters relating to health, safety and
welfare of workers;
- consult with workers on matters that may affect their
health, safety and welfare;
■ Ensure that the Principal Designer prepares a Health
and Safety File for the project. Agree the contents and
format of the Health & Safety File and provide the
Principal Designer with relevant information for this
document. The Principal Designer will ensure the ‘Health
& Safety File’ is prepared, reviewed or updated (as
appropriate) ready for handing over to you on completion
of the work. This is an important legal document;
■ Keep the Health & Safety File safe and make it available
to anyone who may need, and explain its purpose to
them. You must also update it whenever necessary.
When you dispose of your interest in the structure you
must also pass on the File to those acquiring it.
Once appointed, your ‘Principal Designer’ can help you
carry out all your other duties but until you make this
appointment you will be deemed to be carrying out the
Principal Designer’s duties yourself. An early appointment
is not only required but also makes a lot of sense!
Don’t forget that once appointed, your Principal Designer
can help you carry out your duties under the Regulations
and may well be able to give further advice and guidance.
What happens if you don’t carry out these duties?■ If you fail to appoint a ‘Principal Designer’ or ‘Principal
Contractor’ you will be legally liable for their duties
and will be deemed to be carrying them out;
■ You could leave yourself open to potentially very
expensive legal action;
■ You will miss the opportunity to gain from the
advantages listed above, and
■ You could face criminal prosecution by the HSE.
Association for Project Safety
12 www.aps.org.uk
risk management (Incorporated or Certified membership
of APS for example) or can provide evidence of having
undertaken appropriate training on CDM2015.
The Regulations are about making
sure that there is:■ Early appointment or engagement of capable key
people or organisations that have sufficient skills,
knowledge, experience and resources;
■ A realistic project programme which gives enough
time for planning and programming as well as carrying
out the work itself;
■ Early identification and reduction of construction risks
and proper management of those that remain, so that
construction is safe and does not damage the health of
workers or others;
■ Co-operation between all involved in a project and ef-
fective coordination regarding Health & Safety issues;
■ Adequate welfare facilities provided from the start and
throughout the construction phase, and that
■ Appropriate information is made available to the right
people at the right time so that work can be carried
out safely and without risk to health.
However it is very important that the amount of effort
devoted to managing health & safety is kept appropriate
and proportionate to the complexity of the project and
level of risks. It is particularly important to be aware of,
and avoid, unnecessary paperwork. Most domestic work
should be relatively simple and therefore require minimal
paperwork.
What type of domestic project is being planned?Irrespective of size or duration, the CDM2015 regulations
separate construction projects into two types – dependent
on how many contractors will be involved in the project.
The two types are:
➊ Projects with only one contractor – where the project
will only require one contractor working on the site.
An example of this might be an electrician rewiring
the house or a plumber installing a replacement boiler,
when no other trades are required to do any work.
Where the project only involves one contractor, the
client duties specified in CDM2015 Regulation 4(1)
to (7) and Regulation 6, must be carried out by the
contractor. The contractor needs to undertake these
duties in addition to their own duties as a contractor.
Domestic Clients and thenew CDM Regulations
CDM2015 is aimed at small and domestic projects – the
very area where most construction accidents and incidents
are occurring.
So what do Domestic Clients Need to do?CDM2015 understands that most domestic clients
will not be familiar with design or construction projects
or associated legislation. If someone is about to alter
or extend their house or buildings, thinking of putting
up a new one or demolishing an existing one, then the
Construction (Design and Management) Regulations
2015 (CDM2015) place a number of specific duties on
them as a construction Client.
A domestic client is someone who has construction
work done on their own home, or the home of a family
member which is not in connection with a business. Unlike
CDM2007, domestic clients have duties under CDM2015.
The extent of these duties varies with the type of project
involved. On projects that are likely to involve more than
one contractor, the domestic client is required to appoint
a Principal Designer before significant detailed design
work starts so that they can advise and assist the client
with their health and safety duties and plan, manage,
monitor and co-ordinate the health & safety of the pre-
construction phase of the project. The Principal Designer
is a designer (architect, building surveyor or engineer for
example) who can demonstrate to the client that they
have knowledge, skill and experience of CDM2015 and
understand the process of design risk management. On
very small projects, for example installing a central
heating system, the designer might be the plumber. In
which case, if the plumber is working with a joiner or
other trade businesses, the plumber would be the Princi-
pal Designer (as well as being the Principal Contractor
and responsible for undertaking the Client duties). It is
therefore very important on small domestic projects of
this kind for the Client to ensure that the people they
appoint are aware of CDM2015 and their duties.
When clients are talking to a designer or designers about
their project they should check that the designer has the
capability and experience to do the work. A Designer for
a new build house, a renovation or extension project
might be a member of one of the following professional
bodies – ARB, RIBA, RIAS, CIAT, RICS, IStructE etc. and,
in order to carry out the Principal Designer role, should
have an accreditation in construction health & safety
13www.aps.org.uk
When clients are selecting a contractor, they should
ensure that the contractor is aware of the client duties
under CDM2015 as well as their own contractor duties.
Clients are advised to ask for examples of how the
contractor has done this on previous projects.
➋ Projects that are likely to involve more than one
contractor - this will be the majority of projects.
For example, if the work will require a bricklayer,
electrician, plumber, roofer and plasterer, then that
is five contractors.
If it is likely that the project will require more than
one contractor, then the client must appoint a designer
with control over the pre-construction phase as
Principal Designer and a contractor with control over
the construction phase as Principal Contractor. These
appointments must be made as soon as practicable
and before the construction phase begins. If the client
fails to make these appointments, then the designer
in control of the pre-construction phase is deemed
to be the Principal Designer and the contractor in
control of the construction phase is deemed to be the
Principal Contractor.
N.B. It would be better for Clients not to ignore their duty
to appoint a Principal Designer and Principal Contractor
in writing because if your project is at that stage, it
means that your designer and or contractor have not
advised you about CDM2015, and are therefore likely
not to have the required capability and experience.
If the client is in doubt, they should assume that the
project will require more than one contractor. The
appointed designer or contractor should be able to help
clients decide or alternatively clients can contact the
free Public CDM Helpline as a source of independent
advice on 0333 088 2015.
Need help?Getting the right people to do what they are supposed
to do under these regulations is particularly important
when you don’t have much experience of construction
or Health & Safety, so you need to be reasonably sure
that those you appoint are capable of carrying out their
work on your particular project in a safe and healthy
manner.
The Association for Project Safety has Members who are
both individuals and businesses who provide you with
good advice and assist you on all types of projects if
required to do so – whilst the Professional Institutions
should be able to help with the selection of Designers.
The Association for Project Safety is not the only source
of CDM Advice. However, it is a key duty that Clients
appoint only those who have appropriate skills, knowledge
and experience in design and construction health and
safety and APS membership is one way for someone to
demonstrate that they not only have those requirements
but are also committed to maintaining high standards
through regular Continuing Professional Development.
All APS business members (Corporate Members) have
had their CDM procedures audited against ISO 9001 and
are accredited by the Safety Schemes in Procurement
(SSIP) organisation as having met the criteria for organi-
sational capability.
Incorporated or Certified Members of APS (IMaPS or
CMaPS) have at least five years experience in the con-
struction industry and have committed themselves to a
programme of Continuing Professional Development
(CPD).
You can visit the HSE and APS websites for much
more information at: http://www.hse.gov.uk and
http://www.aps.org.uk respectively .
Association for Project Safety
David Carr, PgD, FIIRSM, DipSM, RFaPSManaging Director
Callsafe Services Limited Yardley House11 Horsefair Rugeley Staffordshire WS15 2EJ
Tel: 01889 577701Email: [email protected]: www.callsafe-services.co.uk
Are you sure that you understand the duties andrequirements of CDM2015 and/or other health and
safety requirements?
Have you amended your policies and procedures toreflect the current legislation and practice?
Are your employees competent to perform their duties?
Do you select capable organisations to work with you?
Do you manage your organisation and projects without
copious amounts of paper?
If the answer to any of the above questions is no, you need to consider training and advice to achieve
legal compliance and develop best practices.
Contact the experts