Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    CDM REGULATIONS 2015: PROPOSALS EXPLAINED

    I Are project clients destined to take centre stage?

    UPDATE JANUARY 2015 – See Summary of Regulations

    There is now less than 9 weeks remaining to have your say on HSE proposal to revise CDM 2007. Our summary of what is proposed in CDM 2015 is set out below explaining client, designer and contractor duties.

    HSE stress that CDM 2015 proposals seek to:

    “maintain a strong focus on clients and encourage them to take an active role in ensuring that construction work being carried out on their behalf is planned and managed in the right way”

    CDM 2007 exempts owner occupiers (‘domestic clients’) from client duties. This is contrary to the EU Directive and HSE therefore now propose to remove the exemption and place the new domestic client duties on the contractor (or PC where there is more than one contractor).

    HSE are looking for effective, sensible and proportionate co-ordination of health and safety on ALL projects regardless of size or the type of client. The proposed guidance will make this clear and provide “associated enforcement expectations”.

    In recent years HSE has highlighted that the majority of deaths now occur on smaller construction projects and that the regulator will be looking for client led improvements through a change in mindset and proper planning.

    Useful Links

    PROPOSED RESPONSIBILITIES AT A GLANCE

    ALL PROJECT CLIENTS: Where there is only one contractor

    The duties of domestic clients must be carried out by the contractor whilst the duties of business clients must be carried out by the project client.

    • Project Management Arrangements – make, maintain and review arrangements, suitable for persons with CDM 2015 duties, to ensure that construction work is carried out without risk and compliant with welfare requirements;
    • Pre-construction information (PCI) – provide to each designer involved in the design of a structure and each contractor who is or might be engaged by the client;
    • Construction Phase Plan (CPP) – ensure that a CPP is drawn up before the construction phase begins;
    • Notify HSE – if site construction work scheduled to last >30 working days and have >20 workers working simultaneously at any point in the project or exceed 500 person days. Notify as soon as is practicable before the construction phase begins;
    • Contractor training etc. – ensure the necessary information, instruction and training received and appropriate supervision to comply; and
    • Cooperation with others – cooperate with any other person at the site or an adjoining site to enable others perform their duties etc.

     

    DOMESTIC CLIENTS: Additional duties where there is more than one contractor

    The above (carried out by PC) plus the following additional duties:

    • Appoint Principal Designer (PD) – to carry out the PD responsibilities. Where no appointment is made the first designer appointed during the pre-construction phase is deemed to be appointed as the principal designer; and
    • Appoint Principal Contractor (PC) – to carry out PC responsibilities. Where no appointment is made the first contractor appointed during the construction phase is deemed to be appointed as the principal contractor.

     

    BUSINESS CLIENTS: Additional duties where there is more than one contractor

    These business client must:

    • Appoint Principal Designer (PD) – to carry out the PD responsibilities. If appointment not made the client must fulfill;
    • Appoint Principal Contractor (PC) – to carry out PC responsibilities. If appointment not made the client must fulfill;
    • Cooperation with others – cooperate with any other person at the site or an adjoining site to enable others perform their duties etc.;
    • Compliance by PD and PC – ensure PD and PC comply with duties;
    • Health and Safety File (HSF) – ensure PD prepares an appropriate health and safety file.

     

    DESIGNERS

    All designers on both domestic and business client projects are required to:

    • Client awareness – do not commence work in relation to a project unless satisfied that the client is aware of duties;
    • Elimination of risk – take account of the general principles of prevention and PCI when preparing or modifying a design to eliminate foreseeable risks;
    • Risk reduction and control – if not possible to eliminate take steps to reduce and control risks through the subsequent design process;
    • Residual risk – provide information about those risks to the PD and ensure information is included in the health and safety file; and
    • Provide information – with the design about aspects of the design of the structure or its construction or maintenance to adequately assist others to comply.

     

    PRINCIPAL DESIGNER (PD)

    The PD must plan, manage, monitor and coordinate the pre-construction phase taking into account the general principles of prevention to ensure:

    • Safety and health – project is carried out without risks to health or safety;
    • PCI – provide assistance to the client in the preparation;
    • Foreseeable risks – identification, elimination, or control of foreseeable risks;
    • Cooperation – of all persons working on the project;
    • Designers compliance – with their duties;
    • HSF – preparation and revision;
    • PCI – prompt provision in a convenient form;
    • PC Liaison – e.g. information PC may need to prepare the construction phase plan;

     

     PRINCIPAL CONTRACTOR (PC)

    The PC must plan, manage, monitor and coordinate the construction phase taking into account the general principles of prevention to ensure:

    • Safety and health – project is carried out without risks to health or safety;
    • CPP – drawn up as soon as practicable prior to setting up a construction site and updated, reviewed and revised so continues to be sufficient;
    • Coordination – of the implementation of the relevant legal requirements to ensure that employers etc apply the general principles of prevention in a consistent manner and follow the CPP;
    • Site Rules – drawn up ;
    • Site induction – provide;
    • Unauthorised access – prevent;
    • Welfare – complies throughout the construction phase;
    • Liaison with PD – for the duration of the project and in particular regarding any information which needed to prepare the HSF or may affect the planning and management of the pre-construction phase;
    • HSF – is appropriately updated, reviewed and revised from time to time;
    • Workforce cooperation – arrangements which will enable the principal contractor and workers to co-operate effectively in promoting and developing measures to ensure the HSW and checking effectiveness;
    • Workforce consultation – consult workers in good time on matters connected with the project which may affect their health, safety or welfare; and
    • Workforce information – ensure that workers can inspect and take copies of certain information.

     

    CONTRACTORS

    Do not commence work in relation to a project unless satisfied that the client is aware of duties. Contractors must plan, manage and monitor the way in which construction work is carried out in a way which ensures that:

    • Safety and health – project is carried out without risks to health or safety;
    • CPP – if there is no PC ensure drawn up as soon as practicable prior to setting up a construction site;
    • Information etc – provide to workers any information and instruction so that construction work can be carried out without risk;
    • Site induction – where not already provided by the principal contractor;
    • Danger – procedures to be followed in the event of serious and imminent danger to health and safety;
    • Risk information – provide information on matters identified by the risk assessment under regulation 3 of the Management etc;
    • Training – provide employees with any health and safety training required(6) A contractor must not begin work on a construction site unless reasonable steps have been;
    • Unauthorised access – prevent;
    • Welfare – complies throughout the construction phase; and
    • Directions and site rules comply with those given by PD or PC

    Latest Construction Health and Safety News

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 15th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018

    REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’

    Workman trapped whilst assisting colleague in reversing lorry

    Read the rest of this article »

    Posted on 7th August 2018

    TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION

    Flammable vapour ignited by ignition sources present at the scene

    Read the rest of this article »

    Posted on 6th August 2018

    SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY

    Fragile roof failed under weight of solar installation worker

    Read the rest of this article »

    Posted on 6th August 2018

    DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES

    Basic work at height risks and welfare requirements ignored

    Read the rest of this article »

    Posted on 6th August 2018

    REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT

    Property management firm fined over lack of asbestos survey

    Read the rest of this article »

    Posted on 6th August 2018

    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    Read the rest of this article »

    Posted on 6th August 2018

    JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE

    Inexperienced workers demolished structure without Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2018

    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    Read the rest of this article »

    Posted on 6th August 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    7 Responses to “CDM REGULATIONS 2015: PROPOSALS EXPLAINED”

    1. BUILDERS AND ARCHITECTS LOOK SET FOR NEW DUTIES | PP Construction Safety News Desk Says:

      […] View our initial Summary of New Responsibilities proposed […]

    2. NEW CDM REGULATIONS CONSULTATION STARTS | PP Construction Safety News Desk Says:

      […] View our initial Summary of New Responsibilities proposed […]

    3. NEW CDM REGULATIONS 2014 CONSULTATION | PP Construction Safety News Desk Says:

      […] UPDATE: CONSULTATIVE DOCUMENT NOW PUBLISHED APRIL 2014 […]

    4. NEW CDM REGULATIONS: CLIENTS AND COORDINATORS | PP Construction Safety News Desk Says:

      […]  UPDATE: CONSULTATIVE DOCUMENT NOW PUBLISHED APRIL 2014 […]

    5. BASIS OF NEW CDM REGULATIONS EXPLAINED | PP Construction Safety News Desk Says:

      […] UPDATE: CONSULTATIVE DOCUMENT NOW PUBLISHED APRIL 2014 […]

    6. CDM 2014 PUTS DESIGNERS AT HEART OF PROJECT SAFETY | PP Construction Safety News Desk Says:

      […] 1 million additional small projects will require the appointment of a PD each year. See our concise Summary of what is […]

    7. APS PRESIDENT FEARS FOR HSE CDM 2014 PROPOSALS | PP Construction Safety News Desk Says:

      […] CDM Regulations Proposals Explained […]