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CDM 2015 Legislative Update

The new Construction (Design and Management) Regulations 2015 came into force on 6 April 2015 and apply to all building and construction projects regardless of the size, duration and nature of the work.
 
 
 
 
 
 
 
The main changes are:
 
  • Strengthening of Client duties and accountability
  • Replacement of CDM Coordinator  by Principal Designer 
  • Splitting Duty Holder ‘competence’ into its component parts of skills, knowledge, training and experience
  • Inclusion of domestic projects
  • Threshold notification changes to: 30 days and 20 persons on site at any one time; over 500 person days
  • New legal guidance and guidance for duty holders
 
If you would like to learn more about CDM 2015 or the seminars and courses that SSG offer for CDM duty holders please contact us on 01752 201616 or follow the link.
 
 
Industry Guidance
 
Legal guidance from the HSE and industry guidance for the five CDM duty holders (Clients, Principal Contractors, Contractors, Designers and Principal Designers) and workers have now been finalised. These set out in practical terms what actions are required and can be found downloaded the following links: 
 
HSE Legal Guidance
L153 Managing health and safety in construction Construction (Design and Management) Regulations 2015.
 
Clients
Industry guidance for clients - print friendly
Industry guidance for clients - interactive
 
Principal Designers
Industry guidance for Principal Designers - print friendly
Industry guidance for Principal Designers - interactive
 
Designers
Industry guidance for Designers - print friendly
Industry guidance for Designers - interactive
 
Principal Contractors
Industry guidance for Principal Contractors - print friendly
Industry guidance for Principal Contractors - interactive
 
Contractors
Industry guidance for Contractors - print friendly
Industry guidance for Contractors - interactive
 
Workers
Industry guidance for Workers - print friendly
Industry guidance for Workers - interactive
 
CITB Video.
A useful but simple description of the new regulations can be found in a simple video made by the CITB. 
CDM 2015 Video
 
App for Construction Phase Plans and HSE Guidance
An App that can be used for documenting simple Construction Phase Plans for small, non-notifiable projects has been designed by the CITB. HSE have also issued guidance on Construction Phase Plans for similar projects. These can be downloaded at the following locations.
 
CDM Wizard App
 
HSE CIS80 Construction Phase Plan CDM 2015 - What you need to know as a busy builder
 
 
 
CDM 2015:More Detailed Summary of Main Changes
 
 
  • Transitional Period
Although not described within the consultation documents, there will now be a transitional period that will run for six months from 6th April 2015 to 6th October 2015. For projects starting before 6th 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 6th October 2015, unless the project comes to an end before then. Until the Client appoints the Principal Designer, the appointed CDM Co-ordinator should comply with the duties contained in Schedule 4 of the new CDM 2015 Regulations, which are largely the same as the current duties on a CDM Coordinator.
 
  • Structural Simplification
The structure of the legislation has been streamlined and simplified and has been aimed at small to medium sized projects which tend to be operated by the 'Small to Medium Size Enterprise' end of the market. 
 
  • Client Responsibilities
Changes within the Clients duties will make them much more accountable for the impact of their decisions, their approach to project health and safety management and the way in which they ensure that the Principal Designer and Principal Contractor comply with their own duties. The latter is regarded by many as significant as this duty was not explicit under CDM 2007.
 
  • Removal of the Domestic Client Exemption
This exemption was primarily removed to assure compliance with the TMCSD. However the HSE recognise that the Domestic Client is unlikely to be able to competently carry out their duties. As a result the Principal Contractor / Contractor will be required to take on these duties in the first instance. The Principal Designer can also take on the duties, however they must be appointed in writing.
 
  • Principal Designer
The current role of CDM Coordinator will not exist in the new regulations and a new role of Principal Designer has been defined. The Principal Designer will be appointed by the Client and must be the Designer who is in control of the preconstruction phase of the project.
 
The roles carried out by the Principal Designer include:
1.Helping the Client prepare the pre-construction information and ensuring that this is received promptly by the Designers and Principal Contractor
2.Ensuring all designers carry out their duties
3.Plan, manage and monitor the pre-construction phase and coordinate matters relating to safety during the preconstruction phase to ensure that so far as is reasonably practicable the project is without risk to health and safety
4.Eliminating or controlling risks throughout the design work, taking into account the general principals of prevention as stated in the Management of Health and Safety at Work Regulations 1999
5.Ensuring there is sufficient co-operation and co-ordination between duty holders
6.Liaising with the Principal Contractor for the duration of the Principal Designer's appointment to share information relevant to the planning, management and monitoring of the construction phase and coordination of health and safety matters during the construction phase
7.Preparing the health and safety file
 
Where the appointment of the Principal Designer concludes before the end of the project (which frequently happens on smaller projects), the responsibility for preparation of the Health and Safety File, and subsequent handover to the Client, will pass to the Principal Contractor.
 
  • Duty Holder Appointment
Where more than one contractor is on site (or foreseeably will be) the Client must appoint a Principal Designer and Principal Contractor in writing. For commercial projects the Client will be deemed to undertake these roles if appointments are not made. 
  • HSE Notification
The Client must notify the HSE of the project in writing (online F10) before the construction phase begins if:
 
1.The project duration is longer than 30 days and will foreseeably have more than 20 workers on site at any one time, or
2.The project duration will exceed 500 person days.
 
  • Construction Phase Plan
The Client is to ensure a Construction Phase Plan is in place for all projects, irrespective of size or duration.
 
  • Health and Safety File
It should be noted that under the new regulations a Health and Safety File will be required where there is more than one contractor involved in the project.
 
  • Capability
The Client must ensure that those appointed (Principal Designer, Principal Contractor, Designer or Contractor) can demonstrate appropriate skills, knowledge, experience and organisational capability.
 
  • Loss of the Approved Code of Practice (ACoP)
The ACoP (L144) has been replaced by L series guidance. In response to a request from the HSE Board, the HSE have indicated that an ACoP will be developed. However this will not commence until after 6th April 2015 and it could be 12 months before such a document is available.

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