Health & Safety

Unlike the old CDM (2007) Regulations 2007, where additional duties would apply if the works were deemed notifiable, the new Construction (Design & Management) Regulations 2015 apply to ALL projects, both domestic and commercial.

On those projects where there will be more than one contractor/ trade, (or where it is reasonably foreseeable that more than one contractor will be working on a project at any time) the client must appoint, in writing, a Principal Designer and Principal Contractor.

Regulation 5(2) states the appointment should be made “as soon as practicable, and, in any event before the construction phase begins”. As soon as design work is being carried out, the Client should appoint the Principal Designer.

Until an appointment is made, the Client is deemed to be the Principal Designer or Principal Contractor. For domestic projects, with two or more contractors, the designer in control of the pre-construction phase becomes the Principal Designer and the contractor in control of the construction phase contractor becomes the Principal Contractor by default.

To comply with the law the Client cannot appoint individuals to roles against their will, so therefore must find and appoint another designer and/or contractor who are prepared to accept the role and also have the necessary skills, knowledge, training and experience.

The Principal Designer must plan, manage and monitor the “pre-construction phase” and coordinate health and safety matters during this period to ensure that, as far as reasonably practicable, the project is carried out without health or safety risks. This includes ensuring all designers comply with their CDM duties. The Principal Designer must also assist the Client in providing pre-construction information, and themselves provide such information, to designers and contractors. The Principal Designer must liaise, and share relevant information, with the Principal Contractor and assist them in preparing the Construction Phase Plan and must prepare, review, update and revise (and handover, as appropriate) the Health and Safety File.

Each designer remains responsible for the consequences of their actions, however if a Principal Designer fails to identify a significant risk which is reasonably apparent, this may attract a liability to them. This does not take away any of the designers’ liabilities.

The Principal Designer could be a standalone role or could be any part of the project team. The appointment should take place before the project design team has been fully identified or assembled.

“Designer” means “…any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business…prepares or modifies a design; or…arranges for, or instructs, any person under their control to do so, relating to a structure, or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under their control;” and

“design” includes “…drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a structure, and calculations prepared for the purpose of a design;”

CDM 2015 requires duty holders to co-operate and fulfil specific actions, compliance with which is enforceable under the Health and Safety at Work etc. Act 1974. The Principal Designer can be any party to a contract, providing they have the necessary skills, knowledge, training and experience to carry out the role set out in regulations 11, 12, 13 and 14, throughout the life of the project, and have been appointed in writing by the Client.

On Design & Build (D&B) Schemes where there will be more than one contractor working on a project, the D&B Contractor should be appointed as both the Principal Contractor and Principal Designer, as the Principal Contractor is in charge of co-ordinating the design and employs the design team.

The Principal Designer drawing up the “Employer’s Requirements” would need to hand over the role of Principal Designer upon the appointment of the D&B contractor. This will ensure that the D&B contractor remains in control of the full scope of the works for which they have been contracted.

Yes. Under Regulation 6, if construction work on a construction site is scheduled to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project; or exceed 500 person days, then the Client is required to raise the Notification Form F10 with HSE. On domestic projects, the Contractor/ Principal Contractor should raise the F10 Form.

CDM 2015 regulations require the Client to ensure that those they appoint have the necessary skills, knowledge, training and experience and, if an organisation, that they have the organisational capability necessary to fulfil their role. Designers (including Principal Designer) and contractors (including Principal Contractors) must not accept an appointment unless they fulfil these conditions and the person appointing them must take reasonable steps to satisfy themselves that those being appointed fulfil these conditions. When necessary, designers and contractors should seek external knowledge and expertise to assist them in fulfilling their roles.

This is dependent on the nature of the project, but guidance is provided in the HSE L Series guidance and the CITB Industry Guidance.

To ensure their organisation is equipped with all the necessary skills, knowledge, training and experience necessary to successfully undertake the duties required by the CDM 2015 regulations, a Client or Principal Designer may bring in or buy in the services of specialists in a particular field.

Many Clients and design organisations are utilising the skills and experience of former CDM Co-ordinators. Those they appoint can either provide advice or carry out specific tasks on their behalf. This does not absolve the duty holder of liability but those they employ are expected to exercise due skill, care and diligence in their work.

Yes, and a Construction Phase Plan is now required on ALL projects, including both commercial and domestic projects.

HSE have stated that: A term appointment by contract does not in itself trigger notification. CDM 2015 requires “projects” to be notified. If the term contract includes work which is deemed to be a single project, and the project lasts more than 30 days, and at any time during that period there are more than 20 workers on site at one time, or it lasts 500 person days, then the project becomes notifiable. Separate maintenance tasks carried out at separate locations, on separate buildings, do not automatically accumulate to form a single project. Construction Phase Plans are required on all projects.