Further Clarification On Who Can Be a Principal Designer

Further Clarification On Who Can Be a Principal Designer

Further to our blog post on 16 November regarding industry confusion about who can be a Principal Designer, the Association for Project Safety (APS) have provided the following clarification in their November issue of the APS Digest:-

Who Can Be a PD?

Understanding who can be appointed as a Principal Designer still appears to be causing problems throughout the industry. Our Legal Advisor and APS Technical & Standards Manager Andew Leslie have developed this summary of the salient points:-

1. Where there is likely to be more than one contractor at work on a project at any time, the Client for that project must appoint, in writing, a Principal Designer (PD).

2. The PD must be:
EITHER: one of the design organisations or sole practitioner designers designing the project

OR: a separate designer or design organisation not part of the team designing the project

The CDM2015 Regulations and Guidance do not specify that the PD must actually be designing any part of the project.

3. The PD must be a design organisation or sole practitioner designer within design experience appropriate to the project.
4. The PD must have Skills, Knowledge and Experience relevant to the design, construction, maintenance and use of the project. A designer must not accept an appointment for the PD role unless they have the necessary Skills, Knowledge and Experience, and the organisational capability, relevant to the project.
5. The PD must also have knowledge of and the skills to apply the principles of Design Risk Management, and have knowledge of CDM2015.
6. Designers offering their services as PD will need to consider how to establish their organisation’s ability and resources to offer the PD service. Those without previous detailed CDM experience will need to undertake training in order to demonstrate skills and knowledge sufficient to understand and deliver the PD role.
7. On a commercial (non-domestic) project, if a Client fails to appoint a PD, the obligation to fulfil the duties falls on the Client, by default, whether or not they have the necessary skills, knowledge and experience.
8. On a domestic project, if a Client fails to appoint a PD, the designer in control of the pre-construction phase becomes the PD by default.

Keelagher Okey Klein have long been a Registered Practice of the Association for Project Safety and have recently undertaken their new assessment for Principal Designer and CDM Advisor practices and passed with zero “minors” or advisory comments.

Our PD and CDMA services have been thoroughly developed through close consultation with our Clients to ensure that we provide a service that exceeds both legal compliance and Client expectations. This is reflected in the assessor’s comment that our Practice “performs exceptionally” in these areas.

In addition to our company accreditation, all of our Construction Health and Safety Professionals have extensive experience in providing CDM services and have all passed the APS’s individual assessment for CDM2015 giving them the new IMaPS status (Incorporated Member of the Association for Project Safety).

If you require Principal Designer or CDM Advisor services, or advice relating to these services or CDM2015, please contact John Okey or one of our team on 01925 654158.