The Construction (Design and Management) Regulations 2015 (CDM 2015) came into force on 6 April 2015, replacing CDM 2007. The publication is now available and provides guidance on the legal requirements for CDM 2015 and can be downloaded from the HSE website to help with duties under the Regulations.
The guidance Itself describes:
• the law that applies to the whole construction process on all construction projects, from concept to completion.
• what each duty holder must or should do to comply with the law to ensure projects are carried out in a way that secures health and safety.
CDM 2015 is subject to certain transitional provisions which apply to construction projects that start before the Regulations come into force and continue beyond that date.
CDM 2015 recognises that there will be construction projects that start before the Regulations come into force on 6 April 2015 and continue beyond that date. For these projects, the following transitional arrangements apply.
For projects where there is, or is expected to be, more than one contractor;
• 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 practicable
• if the CDM co-ordinator has already been appointed and the construction phase has started, the client must appoint a principal designer to replace the CDM co-ordinator by 6 October 2015 (6 months), unless the project comes to an end before then
• In the period it takes to appoint the principal designer, the appointed CDM co-ordinator should comply with the duties contained in Schedule 4 of CDM 2015. These reflect the duties placed on CDM co-ordinators under CDM 2007 rather than requiring CDM co-ordinators to act as principal designers, a role for which they may not be equipped
Other transitional arrangements are:
• pre-construction information, construction phase plans or health and safety files provided under CDM 2007 are recognised as meeting the equivalent requirements in CDM 2015.
• any project notified under CDM 2007 is recognised as a notification under CDM 2015.
• A principal contractor appointed under CDM 2007 will be considered to be a principal contractor under CDM 2015.
In all other circumstances, the requirements of CDM 2015 apply in full from 6 April 2015.
• CDM coordinator no longer – split between client and PD
• Driver was to implement European directive to ensure it is fully discharged
• Increased duties on domestic clients
• Changes in notification criteria – included 20 persons threshold to prevent overcrowding site to get the job done before the 30 day mark.
• ACOP removed and replaced with guidance
• Company need to advise clients on duties where they feel they are unware of such duties.
• Regarding domestic – misconception that CDM never applied to domestics projects. These are projects are projects made for non profit and not for business. However cdm has always applied to the project its just that the client never had duties, now they do, such as notify projects.
• Most of the burden taken from cdm-c.
• Advise all clients of duties.
• Client to notify and compile pre-con however this will normally be transferred to Principle Designer.
• All existing duties remain.
(effected the least)
• Minor changes, whether contractor or PC, i.e. if you’re first appointed with domestics clients.
Regulation 4 – Client duties in relation to managing projects
This regulation sets out the duties required to be carried out by clients and is important for the company to understand because as contractor and potential PD we will have a duty to ensure the client is aware of their duties under CDM.
Clients are responsible for making suitable arrangements for managing all projects. They have the overarching responsibility to ensure projects are carried out, so far as is reasonably practicable, without risk to health and safety to anyone affected by the project. The client must ensure arrangements are maintained for the duration.
They need to ensure welfare facilities are in place which are relevant and suitable for the nature of the works.
It is the clients responsibility to compile and provide pre-construction information to tendering bodies.
A client must ensure a CPP plan is compiled and suitably developed prior to any construction work taking place. The CPP is to be compiled by the appointed contractor or PC if there is more than one contractor.
Clients must ensure the h&s file is prepared.
Client must ensure that all duty holders such as PD and PC comply with their duties.
Summary Key changes of the new CDM Regulations 2015
1. All projects must have:
• workers with the right skills, knowledge, training and experience.
• contractors providing appropriate supervision, instruction and information.
• a written construction phase plan.
2. Project where more than one contractor is involved (domestic or non-domestic) must have 1 above plus:
• principal designer and principal contractor must be appointed.
• a health and safety file.
3. If work is 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
All of 1 and 2 above plus
• Client must notify project to HSE.
This does not mean that you are required or expected to plan or manage projects yourself – you must simply take steps to ensure that various tasks are carried out.
In view of these changes, we can now offer a compressive supportive service, this being focussed on assisting the Principal Designer in carrying out their duties. Please feel free to contact us to discuss your requirements.