CDM 2015Providing practical, user-friendly Health & Safety advice under the CDM 2015 legislation
CDM 2015 applies to all building and construction projects, regardless of the size, duration and nature of the work.
It’s aim is to make Health & Safety an essential and integral part of the design, planning and management of any project. To identify, eliminate or control, as far as is practical, risk to the health and safety of any person working on the construction, affected by it or who will use or maintain the structure once completed.
The main features of CDM 2015 include:
- The introduction of a Principal Designer (in place of a CDM Coordinator)
- Strengthening of Client duties;
- Introduction of Domestic Clients;
- Principal Designer and Principal Contractor required on all projects where there is more than one contractor working on the project;
- Replacement of explicit requirement for duty holder competence with the need for appropriate information, instruction, training & supervision;
- Change to the HSE’s Notification level .
To help you get a better understanding of the regulations scroll down to see the answers to some of the most Frequently Asked Questions
Daniel Connal Partnership has worked on projects ranging from minor refurbishments through to major construction projects within the retail, health, education, historic building and civil engineering sectors. We have managed the health and safety on over 2,000 projects ranging in value from £30,000 to over £10 million in locations across the UK
With our extensive design and health & safety experience and expertise we are ideally placed to both meet the challenges of these roles and provide expert advice to those undertaking them for themselves.
CDM 2015 Advisor
As CDM 2015 Advisors we offer the following services:
- CDM 2015 Client Advisor – helping them to fulfil their duties
- Principal Designer
- CDM 2015 Advisor to Principal Designer
- CDM 2015 Advisor to Contractors
- CDM 2015 Training
For further information and advice on all our CDM 2015 services contact:
Jon Rensink: 01206 751284
John Read: 01603 629421
Simon Jacklin: 0207 375 2535
Jason Froude: 0207 375 2535
When does CDM 2015 apply?
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.
When do I need to appoint a Principal Designer/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.
What is the legal implication of the Client not appointing a Principal Designer or Principal Contractor?
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.
What if no Designer will accept the role of Principal Designer and no Contractor will accept the role of Principal Contractor?
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.
What does the Principal Designer do?
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.
What if a designer does not manage significant risks adequately?
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.
Who can be a Principal Designer?
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;”
In the case of a Design & Build Scheme, is the Principal Designer the same as the architect appointed by the Principal Contractor? If so, how does the Client appoint them if they are a subcontractor of the builder?
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.
Do I still need to notify HSE of Construction Work?
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.
Do the CDM 2015 regulations require competence checks to be carried out?
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.
How do I establish whether a Principal Designer has the necessary qualifications and/or experience to fulfil the role?
This is dependent on the nature of the project, but guidance is provided in the HSE L Series guidance and the CITB Industry Guidance.
Can organisations hire/appoint external consultants to assist them in fulfilling their duties required by the Regulations?
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.
Is a Construction Phase Plan still required?
Yes, and a Construction Phase Plan is now required on ALL projects, including both commercial and domestic projects.
If the Client has arranged a term contract, which includes planned and responsive maintenance, is a notification form F10 and a Construction Phase Plan required?
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.
CDM 2015 Client Advisor
The role of the Client has been strengthened considerably under CDM 2015.
Their duties are wide ranging and include ensuring that other duty holders are appointed, that the functions and responsibilities of the project team are clear and that the people and organisations they appoint have the necessary skill, knowledge and experience to manage health and safety risks.
They are also responsible for ensuring adequate communication, co-operation and co-ordination within the project team and for the provision of relevant information to other duty holders.
As CDM 2015 Client Advisor we will assist with the Client’s duties under Regulations 4, 5, 6 and 8 of the CDM Regulations 2015, by providing the following services:
- Assist with the preparation of a Client’s brief
- Submit the Notification Form F10 to HSE if required
- Assist with the appointment of competent duty holders
- Assist with the collation of Pre-Construction Information and highlight the need for any additional required information
- Monitor and provide feedback of Principal Contractor compliance with their duties under Regulations 12 to 14
- Monitor and provide feedback of Principal Designer is compliance with their duties under Regulations 11 and 12
- Confirm that a suitable Construction Phase Plan is in place to allow commencement of works on site
- Confirm that suitable welfare facilities are in place to allow commencement of works on site.
- Assist the Principal Designer with a suitable template for the Health & Safety File
Jon Rensink, Health & Safety Advisor, on 01206 751284
Simon Jacklin 0207 375 2535
Jason Froude on 0207 375 2535
CDM 2015 – Principal Designer
Daniel Connal Partnership can undertake the role of Principal Designer on your project.
Our Principal Designer will provide the following services ensuring compliance with Regulations 11 & 12 of CDM 2015
- Plan, manage and monitor the pre-construction phase
- Co-ordinate matters relating to health & safety to avoid risk
- Take into account the general principles of prevention
- Identify, eliminate or control, so far as is reasonably practicable, foreseeable risks to the health & safety of any person
- carrying out or liable to be affected by construction work
- maintaining or cleaning a structure
- Ensure all designers comply with their duties and co-operate with each other (Regulations 9 CDM 2015: Duties of Designers
- Assist the Client in providing the Pre-Construction Information
- Provide Pre-Construction information to designers, Principal Contractor and contractors
- Liaise with the Principal Contractor for the duration of his/her appointment
- Prepare the Health & Safety File
For further information and advice on our CDM Principal Designer service please contact:
Jonathan Rensink – 01206 751284
John Read – 01603 280724
Simon Jacklin – 0207 375 2535
Jason Froude – 0207 375 2535
CDM 2015 Advisor to Principal Designer
The Principal Designer’s duties include identifying and controlling risks, assisting the Client in the production of Pre-Construction Information and the preparation of the Health and Safety File.
- The CDM 2015 Advisor to Principal Designer will undertake the following duties:-
- Advise the project team of the duty holder’s responsibilities
- Assist in the appointment of competent designers and contractors
- Co-ordinate the design risk management process throughout the Design Phase
- Establish systems to check designers’ duty compliance
- Advise on the suitability of project documentation and identify additional relevant information for inclusion in the Pre-Construction Information Pack
- Ensure that HSE is notified as appropriate
- Prepare the Health & Safety File prior to commencement of works, for ongoing review between the Principal Designer and Principal Contractor
- Assist Principal Contractor with development of the Construction Phase Plan & confirm that it is in place prior to commencement of the works
For further information and advice about our CDM 2015 Advisor to the Principal Designer service please contact:
Jon Rensink: 01206 751284
John Read: 01603 629421
Simon Jacklin: 0207 375 2535
Jason Froude: 0207 375 2535
CDM 2015 Advisor to Principal Contractor/Contractors
A Principal Contractor will be required for all projects with more than one ‘trade’ contractor on site. The Principal Contractor’s duties include the planning management and co-ordination of the construction phase of a project.
Our CDM 2015 Advisor can assist the Principal Contractor/Contractors with their duties under CDM 2015 for both commercial and domestic projects:-
- Assist Principal Contractor/Contractors on fulfilling the Client’s duties on domestic projects
- Assist with preparation/or prepare on the Contractor’s behalf, the Construction Phase Plan
- Assist with preparation/or prepare on the Contractor’s behalf a site induction
- Provide guidance on suitable welfare facilities
- Provide guidance on additional pre-construction information required from Clients
- Assist with collation & Completion of Health and Safety File
- Provide guidance and assistance to the Principal Contractor with their duties to plan, manage, monitor and co-ordinate work during Pre-Construction and Construction Phase
- Assist Principal Contractor to ensure that:
- Individuals appointed have the necessary skills, knowledge and experience and
- Companies have the organisational capability to work in a way that secures health & safety
- Assist Principal Contractor to ensure co-operation between contractors so that risk is managed effectively
- Establish whether training is necessary
- Active Monitoring – Carry out Site Safety Inspections, including routine checks of site access, work areas, plant, equipment and health risk management
- Reactive Assistance – Assist with investigation of ‘near-miss’ incidents and injuries, monitor cases of ill health
For further information and to discuss how we can help you please contact:
Jon Rensink: 01206 751284
Robert Dale: 01603 629421
Accidents will happen …. ?
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The Construction Industry is still widely recognised as one of the most dangerous for workers. Almost every conceivable hazard exists within this ever changing work environment.
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DCP Training Courses
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For further information on these courses or any training related enquiry please contact:
Mark Price on 01206 751284