As no doubt a number of you are aware the CDM regulations have been updated and become law as from 6th April 2015 with the transition period between the 2007 regulations and this update running until 6th October 2015 i.e. when you must have implemented the new regulations.

TIMING

When you as the Client need to do things by and the transitional arrangements for CDM 2015

  1. CDMC’s on existing projects up to 6th April 2015 can stay in place until 6th October 2015, by which time the Client must make appointments under the 2015 regulations i.e. a Principal Designer (PD) or Principal Contractor (PC) if applicable.
  2. Not all projects that were notifiable under the 2007 regulations will require a PD appointment i.e. if all design work has been completed and only construction works will continue the PC will pick up the PD duties in terms of the Health and Safety File but you will need to check that this is the case in terms of design.

NOTIFICATION

New thresholds for notification under CDM 2015

  1. All projects are covered as the distinction between Commercial and Domestic has been removed and now fall under the new notification test which broadly outlined as below.
  2. Notification as soon as Practicable but essentially before Construction begins, this will be via a new F10 form and must be submitted electronically on line no further paper based submissions as from 31st March 2015.
  3. Threshold for notification –
    1. Any works lasting more than 30 days and having more than 20 workers on site at any point in the project.
    2. If the works will exceed 500 person days

CLIENTS

A simple list of duties/actions including domestic clients under CDM 2015

  1. If there is more than one contractor required (see definition in guidance) the Client must appoint a PD in writing as soon as practicable and before construction begins. There should only be one Principal Designer/Principal Contractor at any one time.
  2. Ensure management arrangements are in place and maintained for the life of the project in other words take reasonable steps that the PD and PC comply with their duties and that competent people /organisations are employed.
  3. Provision of Pre Contract Information – i.e. historical data on the site/building, services, asbestos etc.
  4. Notification to the HSE via an F10 electronic submission – see notification section.
  5. Passing on of the Health and Safety File if the building is sold to the new owner.
  6. The Transitional Period
    1. CDMC’s on existing projects up to 6th April 2015 can stay in place until 6th October 2015, by which time the Client must make appointments under the 2015 regulations i.e. a PD / PC if applicable.
    2. Not all projects that were notifiable under the 2007 regulations will require a PD appointment i.e. if all design work has been completed and only construction works will continue the PC will pick up the PD duties in terms of the Health and Safety File but you will need to check that this is the case in terms of design.

PRINCIPAL DESIGNER

For a simple list of duties under CDM 2015

  1. The PD now takes over the role of the old CDMC but not all the duties that the CDMC performed carry forward. One very important change is that the PD does not have to give the Client any advice or assistance on the adequacy of the Construction Phase Plan or the Management agreements.
  2. The PD MUST plan, manage and monitor the Pre Construction Phase so far as is reasonably practical to ensure that the project is carried out without risks to health and safety providing Pre Construction Information to all members of the team at the appropriate time.
  3. As above but applied to the Construction Phase, but reviewing the Construction Phase Plan and the Health and Safety File is included.
  4. Both the above require the PD to identify and eliminate risks to health and safety of any person carrying out or liable to be effected by the construction works and the later cleaning, maintenance of the structure and its end use as a workplace. This control of risks is to be achieved by the use of the General Principals of Prevention, Eliminate, Reduce and Control to an acceptable level.
  5. The PD must ensure that the health and safety file is appropriately reviewed and updated from time to time and at the end of the project handed over to the Client.

NOTES:

The main thrust of the update is an attempt by the HSE to bring the UK regulations into line with those currently in force across the rest of the EU and to strengthen the compliance by the removal of the Construction Design & Management Coordinator position and placing the duties performed by the CDMC with other members of the design team.

This however does not mean that you cannot still employ a CDMC but they will in effect now become your CDM Consultant as opposed to your Co-ordinator in general terms. Please note that Philip White of the HSE made a statement recently at the CIC Health and Safety Committee on 18th February 2015 that the Client should not employ an independent organisation to act as a Principal Designer but this statement is not reflected anywhere in the formal Statutory Instrument 2015 No.51 or guidance.

As Architects with an internal CDMC organisation already established RGP are well placed to take on the role of PD under the 2015 regulations going forward. We can also take on some of the duties you as the Client are required to perform many of which we already perform under the current regulations. The role of the Designer has not altered as such and we will continue to perform this role with minimal changes.

Please note that this sheet is a simple overview and further reading is suggested by either reference to the Draft Guidance on the HSE web site at: http://www.hse.gov.uk/pubns/books/l153.htm or the various guides that have been produced by the CITB which are available at:
http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/

DESIGNER

No change from the 2007 CDM regulations the same duties apply.

PRINCIPAL CONTRACTOR

A simple list of duties:-

  1. These duties remain largely as per the 2007 duties but aim to focus the PC’s attention on the application of General Principles of Prevention and specifically related to the time taken to complete tasks and the technical and organisational aspects of the project.
  2. If there is more than one contractor working on the project, the PC must draw up a Construction Phase Plan.
  3. The Construction Phase Plan must to be drawn up during the Pre-Construction Phase before the site is set up.
  4. During the project the PC must provide the PD with any information in their possession relevant to the Health and Safety File. It remains the responsibility of the PD to prepare the file albeit this is likely to be completed by the PC and reviewed by the PD/Client as currently occurs in practice. If the HSF is passed to the PC during the project, (where the PD’s involvement ends prior to the end of the construction phase) then the duties to update

If you have any queries regarding any of the issues raised or just want to have a chat about what we do please contact Mark Prunty on Tel/Text: 07900 916 286 Office: 0207 600 6666 Email: mark.prunty@www.rgp.uk.com