© Steel River Consultants Ltd 2015
Steel River Consultants / Logic architecture, Boho One, Middlesbrough
Changes to CDM - 2015for clients, consultants and contractors
April 2015
© Steel River Consultants Ltd 2015
Agenda
• Introduction
• What is CDM / Why is it changing?
• CDM 2015 and Key Changes
• New duties under the Regulations
• Client
• Principal Designer
• Principal Contractor and Contractors
• Competency
• Transitional Arrangements
• Project Approaches / Examples
• Discussion and Q&A
© Steel River Consultants Ltd 2015
Introduction
“ Logic architecture have chosen to partner with Steel River
Consultants to satisfy their obligations as ‘Principal Designers’
on all their projects across the Housing, Education &
Commercial sectors"
© Steel River Consultants Ltd 2015
• 120 unit mixed use regeneration, Middlesbrough - Ironopolis
• 4 x 60 bed Extra cares, Redcar - GallifordTry / Coast & Country
• 320,000sqft retail unit, Middlesbrough
• Major city centre mixed use development, Durham
• 150 Mews houses, North East
• 800 bed Student housing scheme, Durham
• 300 bed student housing scheme, Newcastle
• Mixed Use watersports centre & holiday lets, Durham
• 80 Self build eco village, Durham
• 2 x new house type portfolios - Coast & Country / Broadacres
• 25 ‘Almshouse’ bungalows, East Cleveland - GT & C&C
• 4 storey mixed Use development, Chester Le Street
• Various 10-40 unit infill developments, North East – Gus Robinson
• Dementia day care centre, Redcar – RCBC
• Various bespoke houses, Tees Valley
© Steel River Consultants Ltd 2015
Currently over 233 projects ranging from Multi Billion Pound Offshore
Windfarm projects to Small Scale Refurbishments
Local projects:-
• Brunswick Methodist Church – modifications
• St Marys & St Thomas Aquinas School
• SSI Redcar Blast Furnace
• Howla Hay Anerobic Digestor
• Various ITV refurbishment projects
• Galley Hill Primary School
• Wydon Park
• Newcastle Exhibition Park
• Sabic – Zeppelin Project
• St Benet biscop Primary School
• SITA Waste Management Projects
© Steel River Consultants Ltd 2015
• Construction health and safety professionals
• Chartered IOSH practitioners
• Registered Members of Association for Project Safety
• Construction Design and Management
• Preconstruction phase
• Construction phase
• Construction site safety management
• Health and safety auditing and inspection
• Providing independent advice
• Offices across the UK
© Steel River Consultants Ltd 2015
What is CDM 2015?
Construction (Design and Management) Regulations – refresh:
• Set out the nature and scope of duties for those engaged in the
commissioning, design and delivery of construction work
• Includes arrangements for coordination and cooperation
• Purpose is to ensure health, safety and welfare “on site”
• UK regulations give effect to the Temporary of Mobile Construction
Sites Directive
© Steel River Consultants Ltd 2015
• Current Regulations were not in line with the original EU Directive
• Possible prosecution from the EU
• Domestic clients were not included
• 2007 regulations went over and above the EU directive with the
inclusion of competency
• Government initiative to reduce red tape within business
• HSE is targeting areas of risk in underperforming elements of the
construction industry
Why the change?
© Steel River Consultants Ltd 2015
• Managing risk by applying general principles of protection
• Appointing right people and right organisations at the right time
• Everyone has information, instruction, training and supervision to
be safe
• Co-operation and communication between duty holders and co-
ordination of work
• Consulting and engaging with workers
• More straightforward, easier to understand & navigate
• More accessible and relevant to small and medium projects
including domestic
What does the HSE want?
© Steel River Consultants Ltd 2015
Reminder – what IS construction work?
“Construction work” means the carrying out of any building, civil engineering or engineering
construction work and includes:
• the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep,
redecoration or other maintenance (including cleaning which involves the use of water or an
abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning,
demolition or dismantling of a structure;
• the preparation for an intended structure, including site clearance, exploration, investigation (but
not site survey) and excavation (but not pre-construction archaeological investigations), and the
clearance or preparation of the site or structure for use or occupation at its conclusion;
• the assembly on site of prefabricated elements to form a structure or the disassembly on site of
the prefabricated elements which, immediately before such disassembly, formed a structure;
• the removal of a structure, or of any product or waste resulting from demolition or dismantling of
a structure, or from disassembly of prefabricated elements which immediately before such
disassembly formed such a structure;
• the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas,
compressed air, hydraulic, telecommunications, computer or similar services which are normally
fixed within or to a structure,
It DOES NOT include the exploration for, or extraction of, mineral resources, or preparatory
activities carried out at a place where such exploration or extraction is carried out;
© Steel River Consultants Ltd 2015
Definition of what is a “structure”
“Structure” means –
• (a) any building, timber, masonry, metal or reinforced concrete structure,
railway line or siding, tramway line, dock, harbour, inland navigation, tunnel,
shaft, bridge, viaduct, waterworks, reservoir, pipe or pipeline, cable,
acqueduct, sewer, sewage works, gasholder, road, airfield, sea defence
works, river works, drainage works, earthworks, lagoon, dam, caisson, mast,
tower, pylon, underground tank, earth retaining structure or structure
designed to preserve or alter any natural feature, and fixed plant;
• (b) any structure similar to anything specified in paragraph (a);
• (c) any formwork, falsework, scaffold or other structure designer or used to
provide support or means of access during construction work,
and any reference to a structure includes part of a structure
© Steel River Consultants Ltd 2015
Fixed plant, processes and services
EEF, “The Manufacturers Organisation” has recently reminded its members
what is deemed construction work within CDM. It includes:
• Moving machinery within a factory
• Dismantling a machine for repair or refurbishment
• Creating new working areas by installing structures such as walls, levels or
elevated walkways
• ALMOST ANYTHING involving mechanical, electrical, gas, compressed air,
hydraulic, telecommunications, computer services. This incudes installation,
commissioning, maintenance, repair or removal
• Dismantling existing machinery
• Redesign a factory layout
• Building or dismantling an extension
• Installing new machinery
© Steel River Consultants Ltd 2015
CDM 2015 – Key changes from 6 April 2015
Principal
Designer role
introduced
Increased Client
responsibility
6 month
transition period
from CDM 2007
CDM Coordinator
role abolished
Removal of strict
competence
guidance
- Appendix 4
Domestic
projects now
included
CDM 2015
L Series
Guidance
from HSE
© Steel River Consultants Ltd 2015
• New duty holder introduced – the Principal Designer.
• CDM Co-ordinator duty holder removed but not the duties
• Scope of regulations now includes domestic clients
• Notification criteria for construction projects to HSE is amended
• Link between notifications and statutory appointments removed
• Principal Designer and Principal Contractor roles apply to
smaller projects
• Appointment of the two “Principal” duty holders is clearly defined
• More distinction between pre-construction and construction
phases
Key changes from 6th April 2015
© Steel River Consultants Ltd 2015
Impacts of the changes
• ALL organisations involved in design, construction and
maintenance will be affected.
• The allocation of health and safety related responsibilities has
changed.
• Management of maintenance and small works programmes will
be affected.
• Households undertaking construction will be affected.
• Current CDM ACoP is withdrawn.
• Further guidance will be produce by industry and not by the HSE
• HSE are looking “beyond the site gate”, examining how other duty
holders such as designers and clients have, and can, influence
health and safety standards on site.
© Steel River Consultants Ltd 2015
Triggers and notification
• Notification of projects – now Client duty
• New criteria - work scheduled to last longer than 30 working
days AND have more than 20 workers working simultaneously
at any point in the project; or
• Exceeds 500 person days
• The notification is now no longer a trigger for additional duties
such as appointments of PD or PC etc.
• A construction phase plan is now required on all construction
project no matter how small
• Where there is more than one contractor, a PD and PC must be
appointed in writing
© Steel River Consultants Ltd 2015
The Client – legal duties
• Must make suitable arrangements for managing a project
(including allocation of sufficient time and resources)
• Must ensure those arrangements are maintained and
reviewed throughout the project
• Notify the HSE (F10) in writing as soon as practicable before
construction starts
• Appoint a Principal Designer / Principal Contractor when more
than one contractor will working at ANY one time
• Appointment must be in writing and as early as practicable
• Must provide pre-construction information to designers &
contractors
© Steel River Consultants Ltd 2015
Client duties – appointment of duty holders
2007 Criteria• Duty holders, i.e. CDM Coordinator and Principal Contractor are
only appointed for:• Non-domestic projects, which are notifiable i.e. > 30 days on
site, or, >500 person days.
2015 Criteria• In future the duty holders must be appointed in writing where
more than one contractor is expected to work at any time for:• Any project, including domestic
• The project does not have to be notifiable• Projects are notifiable if projects last more than 500 person days,
or more than 30 days with more than 20 workers simultaneously on site
NOTE: If the Client fails to appoint a Principal Designer or Principal Contractor when relevant, The Client MUST fulfil the respective duties
© Steel River Consultants Ltd 2015
Client - wider responsibility
CDM 2015:• A CDM Client must take “reasonable steps to ensure that the
PC and PD comply with their duties
Versus CDM 2007:• Take “reasonable steps to ensure that the arrangements made
for managing the project….are suitable.”
Client now has wider responsibility:• Increased duties for Clients will be enforced by the HSE in a
similar way to the 2007 regulations.• The HSE policy of charging intervention fees will also apply
where applicable.
© Steel River Consultants Ltd 2015
Client duties – where there is more than one contractor
• Appoint a Principal Contractor
• Appoint a Principal Designer
• Must take reasonable steps to ensure that the PD and PC comply
with their duties
• Provide the H&S file to the person acquiring a structure if the
dispose of their interest
• Make suitable arrangements where the is more than one client on
a project
• Notify the relevant enforcing authority of certain construction
projects
• There is still a need to ensure competency which can be via
industry accreditation – reg 7 management regs
© Steel River Consultants Ltd 2015
Client duties – where there is only one contractor
• The Contractor MUST draw up a Construction Phase Plan after 6
April
• The Client MUST ensure that the plan is drawn up for existing
projects as soon as practicable
• The Client MUST ensure that the plan is drawn up before the start
of construction on new projects
© Steel River Consultants Ltd 2015
INDG 411:
If you are having work done on your own home, or the home of a family member, and it is not in connection with a business, you will be a domestic client. The only responsibility a domestic client has under CDM 2015 is to appoint a principal designer and a principal contractor when there is more than one contractor.
However, if you do not do this, (as is common practice) your duties as a domestic client are automatically transferred to the contractor or principal contractor. If you already have a relationship with your designer before the work starts, the designer can take on your duties, provided there is a written agreement between you and the designer to do so.
Domestic Clients
© Steel River Consultants Ltd 2015
Client – HSE guidance
“Most clients, particularly those who only occasionally commission construction work, will not be experts in the construction process and for this reason they are not required to take an active role in managing the work. However, the client is required to make suitable arrangements for managing the project so that health, safety and welfare is secured”.
The arrangements should include:
“How the client will take reasonable steps to ensure that any appointed PD and PC comply with their duties. This could take place at project progress meetings or via written updates”
and
“On larger projects, the client may value an independent review of standards and compliance”
© Steel River Consultants Ltd 2015
CDM Adviser
Client
Principal Designer
Designers
PrincipalContractor
Contractors
Project Manager
CDM Adviser role
© Steel River Consultants Ltd 2015
Clients – What you should consider next
• Review and understand your additional Client responsibilities
• Review existing skills and consider training requirements
• Review how Principal Designer competency will be verified
• Amend procurement and contract documentation to reflect the
changes.
• Amend or add to management procedures to ensure compliance
with regulatory requirements
© Steel River Consultants Ltd 2015
Client – Practical Measures
Arrangements for managing a project:
• Assembling the project team
• Ensuring roles, functions and responsibilities are clear
• Ensuring sufficient resources and time are allocated for each
project stage
• Ensuring effective communication mechanisms for project team
• Ensuring controls in place to ensure designers and contractors
comply with their duties
• Ensure workers have suitable welfare facilities for the duration of
the project
© Steel River Consultants Ltd 2015
Client – Practical Measures Preconstruction check list
• Are suitable arrangements in place to manage the project?
• Has a schedule of key activities been produced?
• Has sufficient time been allowed for key activities?
• Has the F10 been submitted?
• Has the pre-construction phase H&S plan been developed and
reviewed?
• Are you satisfied that welfare facilities are suitable?
• Have you agreed the format of the H&S file?
• Are you clear about your responsibilities?
• Have you made your formal appointments?
• Have you checked the project team is adequately resourced?
• Has a client brief been issued to the team?
• Has the team been provided with pre-construction information?
• Has project specific H&S advice been sought?
© Steel River Consultants Ltd 2015
Who/What is the Principal Designer?
As defined in the CDM 2015 Regulations...
The designer appointed to perform their duties under reg 11 & 12 in particular….
“TO CO-ORDINATE THE HEALTH AND SAFETY ASPECTS OF THE PRE-CONSTRUCTION PHASE OF THE PROJECT”
© Steel River Consultants Ltd 2015
Appointment of the Principal Designer
New Role
• Client duty is to appoint a PD with control over the Pre
Construction Phase
• PD need not remain throughout the life of the construction
phase – though may do so
• If the appointment ends at Pre Construction phase the H&S file
must be passed to the PC who then reviews and updates
Anyone undertaking this role will take on additional
responsibilities which are enforceable in law
• Will they have the specialist skills required?
• Are they competent to take on the role?
© Steel River Consultants Ltd 2015
Principal Designer Duties More than a CDMC?
• Must plan, manage and monitor the pre-construction phase and
coordinate H&S matters
• Plan work stages and estimate the time required to complete them
• Take account of the general principles of prevention (construction,
maintenance and intended use)
• Ensure other designers comply with their duties
• Ensure cooperation between parties
• Must assist the client in the provision of pre-construction
information and provide to others
• Must prepare the H&S File and ensure that it is reviewed and
updated
© Steel River Consultants Ltd 2015
Principal Designer Duties Pre-Construction Phase
• Plan, manage, monitor the pre-construction phase.
• Coordinate matters relating to Health and Safety so as to ensure,
as far as reasonably practicable, the project is carried out without
risks to health and safety
• Must take into account the general principles of prevention to
manage risks
• Ensure that all persons working on relation to the pre-
construction phase cooperate with the client, principal designer
and each other
• Ensure that all designers comply with their duties
• Assist the Principal Contractor to prepare the Construction
Phase Plan
• Prepare a Health and Safety File
© Steel River Consultants Ltd 2015
Principal Designer Duties During Construction
• Liaise with the Principal Contractor for the duration of his appointment and share information relevant to the planning, management and monitoring of construction and the coordination of health and safety matters during construction
• Review, update and revise the File to take into account work and changes
• Identify, eliminate or control foreseeable H&S risks.• Co-operate with everyone working on the project.• Must also take into account the content of the Construction Phase
Plan and any Health and Safety File• Pass the Health and Safety File to the Client.
Note: If the Principal Designer’s appointment concludes before the end of the project the File must pass to the Principal Contractor, who will in turn pass the File to the Client
© Steel River Consultants Ltd 2015
Principal Designer - Who should it be?
• Who should be appointed as Principal Designer?
• How can this appointment work across multiple disciplines?
• Application on different types of contracts
• Traditional
• Design and build
• Engineering, Procurement & Construction
• What implications could this have on current contracts?
• How will we ensure PD and PC comply with their duties?
• What additional liabilities could be encountered?
• Does a project team have the skill set to carry out the function of
PD? – Architects / M&E Consultants / Structural Engineers
Project Managers
• Can you demonstrate your construction health & safety
knowledge and experience, if you are to be appointed as
Principal Designer?
© Steel River Consultants Ltd 2015
Principal Designer
PrincipalContractor
Architect
Quantity Surveyor
M&E Engineer
Project Manager
Client / Employer / Specifier
Ecology / Landscape Consultant
Civil & Structural Engineer
Subcontractor
Principal Designer
© Steel River Consultants Ltd 2015
Duties broadly unchanged from CDM 2007 however:
• Now a requirement for a construction phase plan for all
construction works no matter how small – HSE draft guidance
contains a schedule of issues
• On single contractor projects – contractor to draft plan
• A PC must be appointed on all works where there is more than
one contractor
• Principal Contractors need to be aware of the transfer of the
domestic client duties to them
• The plan must be prepared by the PC during pre-construction
phase and before site setup
• Consider competence requirements
Principal Contractors & Contractors
© Steel River Consultants Ltd 2015
Principal Contractor New Duties
In addition to existing duties:
• Liaise with the Principal Designer for the duration of the
designer’s appointment
• Share information with Principal Designer relevant to planning,
management and monitoring during the pre-construction phase
• Share information with Principal Designer relevant to the
coordination of health and safety matters during the pre-
construction phase
• Plan, manage and monitor in particular when design, technical
and organisational issues are being decided
• Pass the health and safety file to the Client in the absence of the
Principal Designer
© Steel River Consultants Ltd 2015
Competency - A change of approach
With the removal of the ACoP the competency matrix within
Appendix 4 is also removed.
Regulation 8 frames individual and organisational competence
• “A Designer (including a Principal Designer) or Contractor
(including a Principal Contractor) appointed to work on a project
must have the skills, knowledge and experience and, if they are
an organisation, the organisational capability, necessary to fulfil
the role that they are appointed to undertake, in a manner that
secures the health and safety of any person affected by the
project”
© Steel River Consultants Ltd 2015
• Competency is still a key requirement
• The industry must decide what competency looks like
• Sensible enquiries should be made about organisational capability
to carry out “the work involved”
• Competency can be assessed in different ways
• Via industry accreditation
• PAS 91, SSIP are “useful aids”
• Additional enquiries that the organisation has a good track
record in terms of experience and health and safety
• Due weight should be given to membership of professional
bodies
Competency - A change of approach
© Steel River Consultants Ltd 2015
Competency - Those seeking appointment
• Can use third party assessors e.g. SSIP but HSE stress this is not
the only way
• Must be able to demonstrate that individuals have necessary H&S
skills, knowledge and experience
© Steel River Consultants Ltd 2015
Selecting and working with the PD and PC
• Competency processes (e.g. PAS 91, SSIP, client bespoke
PQQ/tender processes)
• Appoint in writing
• Assemble the pre-construction information and agree with the PD
what is required
• Specify the format and process for compiling the H&S file
• Establish progress meeting schedules for monitoring performance
• Agree how construction phase plan will be checked
© Steel River Consultants Ltd 2015
Transitional Arrangements
CDM 2015 is effective from 6 April 2015 with a six month transition period to 6
October.
• For projects starting before 6 April 2015, where the construction phase has
not yet started, and the client has not yet appointed a CDM co-ordinator, the
client must appoint a Principal Designer as soon as it is practicable.
• If the CDM co-ordinator has already been appointed, a Principal Designer
must be appointed to replace the CDM co-ordinator by 6 October 2015,
unless the project comes to an end before then.
• During this period, the appointed CDM co-ordinator should comply with the
duties contained in Schedule 4* of the new CDM 2015 Regulations.
* These duties reflect the existing requirements under CDM 2007 for the CDM
co-ordinator rather than requiring CDM co-ordinators to act as Principal
Designers, a role for which they may not be equipped.
© Steel River Consultants Ltd 2015
Useful Links
Health and Safety Executive• http://www.hse.gov.uk/construction/index.htm
Construction Industry Training Board• http://www.citb.co.uk/health-safety-and-other-topics/health-
safety/construction-design-and-management-regulations/
Steel River Consultants• http://www.srconsultants.co.uk/home/cdm-construction-design-
management-regulations-2015
© Steel River Consultants Ltd 2015
Thank you …
Mark Barlow
[email protected]: 01642 309 307
Graham Tyerman
Tel: 01642 353 506 Mob: 0778 7436657
Top Related