CDM Regulations 2015 Update:

The new Construction (Design and Management) Regulations 2015 has come into force on 6th April 2015.

Changes to duty holders under new regulations:

Client: the client's duties have been strengthened as they are considered the most influential duty holder for any project, as the lead in the supply chain. They should consider whether they are allowing appropriate health and safety resources to be used on any project for each of the duty holders. If only the cost is considered for each appointment e.g. go for the cheapest quote each time, it is unlikely that every duty holder will be able to allocate enough resources to ensure adequate health and safety measures are used, for the duration of the project. 

If a client does not appoint a principal contractor or principal designer the duty associated with these roles remains with the client for non-domestic project.

The client is now responsible for notifying the project to the relevant enforcement body using the F10, before the construction phase, usually the Health and Safety Executive (unless on railways or Nuclear industry) but can request someone else to do this for them. The client must ensure that an up to date F10 is displayed on site during the project. They can also ask the principal contractor or a contractor to do this for them.

The client has a duty to provide appropriate welfare facilities during the project.

Principal Designer: has replaced the position of CDM- Coordinator. Principal designers have responsibility for the health and safety of their designs both in pre-construction and construction phase. They are expected to understand the health and safety consequences of their designs and must have appropriate health and safety knowledge. They are now expected to co-ordinate and manage the project both throughout the design phase and liaise with the principal contractor to help in the planning, management, monitoring and co-ordination of the construction phase. 

They must also ensure that designers carry out their duties.

They should usually develop a pre-construction information pack.

They must assist the Principal Contractor to develop a construction phase plan by providing suitable information.

Designers: Are responsible for assessing the risks associated with their designs. If they are working for a domestic client and they are the only designer, they automatically become the principal designer for a CDM notifiable project.

Principal Contractor: responsibilities remain more or less the same as under the old regulations except when they are working for a domestic client, as the main contractor, they automatically become a principal contractor now for a CDM notifiable project. The principal contractor must co-ordinate and manage the health and safety of all contractors on site for the duration of the project.

They must prepare a construction phase plan detailing all reasonably foreseeable hazards and what safeguards will be used to reduce the risk to a reasonably practicable level, for the duration of the project. The information contained in the construction phase plan is usually supplied by the Client via the Principal Designer.

The biggest change is that the new regulations now includes a duty to notify both Domestic and Non-Domestic projects, which exceed the measures used in the next paragraph.  

The old regulations only covered Non-Domestic projects, any project whether Domestic or Non-Domestic must now be notified to the relevant enforcement body on an F10 form, (usually the Health and Safety Executive), if a project is: 

  • longer than 30 working days and has more than 20 people working simultaneously, at any point in the project.
  • or if 500 person days will be exceeded (e.g. 50 men working 10 days or more.)

https://www.hse.gov.uk/forms/notification/f10.htm

If a domestic client does not appoint a principal contractor or designer then the main contractor automatically becomes principal contractor and designer automatically becomes principal designer, this only applies to domestic clients. 

If a non-domestic client does not appoint a principal designer or principal contractor, the duty remains with the client.

The transition period for the new regulations is 6 months. 

IMPORTANT: This does not mean the new regulations need not to be used for the first six months but if a project has already begun before 6th April 2015, they can carry on, for a maximum of six months, to follow the old regulations and duty holders. If the project is still ongoing on 6th October 2015 or after, the new regulations must be used and a principal designer must be appointed.

Remember - the requirements of CDM 2015 apply whether or not the project is notifiable. 

It is the opinion on Wallett HSE Services that some regulations previously excluded from domestic clients, e.g. Control of Asbestos Regulations 2012, May now apply to CDM notifiable projects for domestic clients, this may be tested in court cases at some point, so there is no precedent or test case to confirm this opinion, but the principal contractor for any domestic project should now follow the Control of Asbestos Regulations 2012 and any other regulations where domestic projects are excluded, to ensure they are fully compliant with UK health and safety law.

See the published guidance on the HSE Website: 

http://www.hse.gov.uk/pubns/books/l153.htm


Also look at the new CDM- 2015 Presentation


health and safety staffordshire