Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access 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

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th September 2017

NEW EDGE PROTECTION INSTALLATION TRAINING

Trade body launches CSCS backed edge protection installer qualification

Read the rest of this article »

Posted on 18th September 2017

GOVERNMENT CALLS FOR ACTION ON ILL-HEALTH

Business leaders accept charge of inaction on work-related ill-health

Read the rest of this article »

Posted on 18th September 2017

FIRM FAILED TO ENFORCE FORK LIFT SEAT BELT USE

Operator suffered fatal crush injuries after FLT overturned

Read the rest of this article »

Posted on 18th September 2017

DIRECTOR AND FOREMAN JAILED OVER FATAL FALL

Failure to act on HSE advice ended in gross negligence manslaughter

Read the rest of this article »

Posted on 18th September 2017

PRISON SENTENCE FOR ROOFING CONTRACTOR

Council H&S officers reported dangerous roof work to HSE

Read the rest of this article »

Posted on 14th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 14th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 14th September 2017

LADDER STANDARDS MOVE UP A RUNG OR TWO

Ladder Association guide to fundamental changes in ladder standard

Read the rest of this article »

Posted on 12th September 2017

SILICA (RCS) DUST LIMIT – THE ONLY WAY IS DOWN?

US regulator cuts RCS exposure standard to half UK limit

Read the rest of this article »

Posted on 12th September 2017

SAFE2TORCH – REDUCING FLAT ROOF FIRE RISK

Industry body seeks to reduce ‘torch’ triggered fires at design stage

Read the rest of this article »

Posted on 8th September 2017

FIRM AND DIRECTOR SENTENCED OVER GAS RISK

Poorly planned extension prevented effective gas venting

Read the rest of this article »

Posted on 7th September 2017

£1 MILLION CLIENT FINE FOLLOWS FATAL FALL

Electrician died after fall from step ladder provided by client

Read the rest of this article »

Posted on 7th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 6th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th September 2017

HAVS HEALTH CHECK PROMPTS HSE PROSECUTION

Assessment of vibration exposure and control measures found wanting

Read the rest of this article »

Posted on 7th September 2017

HSE LUNG DISEASE SUMMIT TARGETS SILICA DUST (RCS)

Regulator starts major initiative on lung disease in construction

Read the rest of this article »

Posted on 1st September 2017

HSE COST RECOVERY NOW “FULLY INDEPENDENT”

hselogo1New Fee for Intervention disputes procedure now in place

Read the rest of this article »

Posted on 1st September 2017

CLIENT FINED AS CDM 2015 PRINCIPAL CONTRACTOR

Failure by client to appoint attracts PC duties by default

Read the rest of this article »

Posted on 30th August 2017

JOINER PARALYSED AFTER FALL THROUGH JOISTS

Fall prevention and risk minimisation measures not taken

Read the rest of this article »

Posted on 30th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 30th AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 30th August 2017

COMPLAINT COSTS CONTRACTOR £145,000 IN FINES

HSE prosecute CDM 2015 Principal Contractor over risk without injury

Read the rest of this article »

Posted on 29th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 23rd AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 23rd August 2017

HSE CONSTRUCTION FATALITY RECORDS: Q1 2017/18

Latest HSE fatality records reveal four (4) deaths in first three months

Read the rest of this article »

Posted on 23rd August 2017

HSE ON SILICA DUST (RCS): RISK MANAGEMENT UPDATE

New guidance available on key HSE Construction Sector priority

Read the rest of this article »

Posted on 23rd August 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access

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 […]