The introduction of the CDM 2015 Regulations recently has meant big changes for the construction health & safety professionals and even bigger changes for Clients. The new Regulations are more onerous than their 1994 and 2007 predecessors and impose absolute duties upon the Client (Regulation 4) that must be satisfied regardless of cost or any other consideration. These duties extend to all construction projects regardless of value, complexity or duration.
The L153 Guidance accompanying the CDM2015 Regulations recognises that Clients may need advice, support and assistance in making arrangements for managing the project and ensuring CDM Compliance:-
- if Clients need help in making these arrangements, they could draw on the competent advice they are required to have under the Management of Health and Safety at Work Regulations 1999 (the MHSW Regulations). – L153 #34.
Keelagher Okey Klein offer a variety of CDM services to assist clients, designers and contractors in maintaining CDM compliance on their projects. Please view our CDM Advisor, Principal Designer and Principal Designer Advisor pages for further information or call one of our team on 01925 654158.
In the meantime, here is our summary of the key changes to the Regulations:-
– The Client has an absolute duty to ensure that the Principal Designer and Principal Contractor comply with their duties throughout the project.
– Principal Designer and Principal Contractor must be appointed for all projects upon which there is more than just one contractor (e.g. one trade) appointed, including those for domestic Clients.
– The formal CDM Coordinator role is removed (no more statutory duty to be the Clients best friend), with those responsibilities passed to the Client and Principal Designer on even more onerous terms. Last year, a prominent HSE spokesman suggested that it would be many, many years before many main designers have the organisational capacity, skills, experience and knowledge to be up to Principal Designer duties.
– A Construction Phase Plan is required for all projects even if there is only one contractor. The Client must ensure that this exists and is fit for purpose prior to any work on site.
– Changes to notification thresholds. Notification to the HSE will not be the trigger for appointing the Principal Designer and Principal Contractor. Unlike the CDM2007 Regulations, notification of a project to the HSE will only be necessary where sites employ more than 20 workers at any one time and the construction phase exceeds 30 working days, or involves more than 500 person days. This will result in far more projects attracting the full requirement of the CDM Regulations, but fewer F10s.
– Principal Designer (PD) to be appointed with duties which include ensuring that all designers are fulfilling their duty to design out hazards and reduce risk during construction, maintenance and end use.
– Explicit competence requirements are replaced by requirements for skills, knowledge, experience and organisational capability. For most projects the Principal Designer and Principal Contractor appointments will be for a company rather than an individual.