• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CDM REGULATIONS 2015: DEMANDING ROLES FOR ALL

    cooperation2New project H&S obligations remain on course for April 2015

    IMPORTANT UPDATE JANUARY 2015: Regulations now published

    The HSE supported Industry Guidance on the CDM Regulations 2015 is scheduled to be made available on the HSE website in early January 2015.

    We should remember that ‘legislation’ NOT ‘guidance’ sets out the actions required so the best place to start understanding obligations is with the forthcoming CDM Regulations 2015.

    In recent months we have explored some of the changes contained in CDM Regulations 2015. The changes summarised below indicate that all involved with construction projects face more demanding responsibilities.

    Domestic project builders and architects – new duties

    New responsibilities for managing construction projects will fall to “domestic clients” i.e. those who procure extensions etc. for their own homes. These domestic clients were excluded under CDM 2007.

    However, the impact on domestic clients will be eased by ‘deeming’ that either an appointed building contractor or designer e.g. project architect, will be responsible for the domestic client project management and coordination responsibilities.

    Where there is no more than one contractor working on a domestic project at any time the contractor will be required to take the following actions:

    • Arrangements – for safety management and acceptable welfare;
    • Review – maintain and review those arrangements throughout the project;
    • Information – provide Pre-Construction Information to designers and others;
    • H&S Plan – draw up a Construction Phase Plan; and
    • Inform – notify larger projects to HSE.

    These responsibilities are in addition to specific contractor duties included in the proposals.

    Where it is foreseeable that more than one contractor will be working on a project the domestic client will be required to appoint a ‘Principal Designer’ (PD) and a ‘Principal Contractor’ (PC). If the domestic client fails to make these appointments they will be deemed to fall to the first designer and first contractor appointed.

    Domestic clients are unlikely will make the required appointments and these new duties will most likely fall to the project architect (PD) and main contractor (PC).

    Further details

    CDM-PD duties go beyond those of CDM-C

    The current CDM 2007 Coordinator (CDM-C) duties will become the responsibility of architect practices or other designers appointed as ‘Principal Designer’ (CDM-PD). HSE estimated that 1 million additional small projects will require the appointment of a PD each year.

    The CDM-PD will be required to plan, manage, monitor and coordinate the project pre-construction phase to ensure:

    • project is carried out without risks to health or safety;
    • pre-construction information preparation and provision;
    • identification, elimination, or control of foreseeable risks;
    • cooperation of all persons working on the project;
    • compliance of all designers with their duties;
    • preparation and revision of a health safety file; and
    • liaison with principal contractor e.g. information for construction phase plan

    These wide-ranging CDM-PD responsibilities include both ‘design’ and other ‘preparatory’ work embracing a ‘management’ role beyond the current CDM-C function.

    Further details

    CDM-PC responsibilities extended

    The Principal Contractor (CDM-PC) duties under CDM 2015 will extend PC legal responsibility for the construction work carried out by contractors working on a project.

    The CDM-PC duty under CDM 2007 is to:

    “plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety”

    By contrast the key duty of contractors under CDM 2007 is to:

    “plan, manage and monitor construction work carried out by him or under his control in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health and safety”

    Under CDM 2015 the distinction between PC accountability for the ‘construction phase’ and contractor accountability for ‘construction work’ will effectively be removed and the PC will become more strictly accountable for contractor ‘work’ and any offences, or charges, arising from those failings.

    The proposal would reduce the ability to the PC to defend prosecutions or fee for interventions charges on the basis that the contraventions were solely or primarily those of the contractor.

    Further details

    CDM Designer duty more absolute

    The main legal responsibility of designers under CDM 2007 requires that designers seek to avoid foreseeable risk during design.

    This duty is heavily qualified and can be “performed so far as is reasonably practicable, taking due account of other relevant design considerations.”

    Under the new regulation the qualification “taking due account of other relevant design considerations” has been deleted with the effect of making the designer duty far more absolute.

    Further details

    Useful Links

    We have published many other posts on how the requirements of CDM Regulations 2015 can be met by Clients, Designers, Principal Designers/Contractors and Contractors.

    CLICK HERE to view the full range of free information available.

    Latest Construction Health and Safety News

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018

    UK MAJOR FINED £1/2m OVER HAVS RISK FAILURES

    Danger caused by poor management of vibrating hand tool risk

    Read the rest of this article »

    Posted on 21st June 2018

    HSE ENFORCEMENT WEEKLY UPDATE 20th JUNE 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 20th June 2018

    DIRECTOR FAILED COMPLY WITH HSE PROHIBITION

    Precautions not taken to prevent excavation collapse and falling

    Read the rest of this article »

    Posted on 11th June 2018

    SCAFFOLD NOT TO INDUSTRY STANDARD OR DESIGN

    Specialist and contractor in court over unsafe work at height

    Read the rest of this article »

    Posted on 7th June 2018

    ROAD WORKER RUN OVER BY ROAD ROLLER

    Reversing alarm not working and warning light not fitted

    Read the rest of this article »

    Posted on 5th June 2018

    CLIENT AND SURVEYOR FINED OVER ASBESTOS SURVEY

    Refurbishment and demolition asbestos survey proved inadequate

    Read the rest of this article »

    Posted on 5th June 2018

    FATALITY: ROAD WORKER DRAGGED ALONG ROAD

    Night shift worker loses life when struck by road sweeping vehicle

    Read the rest of this article »

    Posted on 3rd June 2018

    CDM PRINCIPAL DESIGNERS AVOID HSE ENFORCEMENT

    Regulator enforcement database reveals few notices involve CDM PDs

    Read the rest of this article »

    Posted on 3rd June 2018

    PROPERTY MANAGERS FINED WITH CONTRACTOR

    Defendants failed to check for asbestos during soffit replacement works

    Read the rest of this article »

    Posted on 29th May 2018

    EXCAVATION CAUSED RETAINING WALL COLLAPSE

    Precautions not taken to secure stability of free-standing wall

    Read the rest of this article »

    Posted on 29th May 2018

    OVERHEAD CABLE STRIKE FIRM FINED £500,000+

    Inadequate system caused risk of harm despite lack of worker injury

    Read the rest of this article »

    Posted on 29th May 2018

    CDM 2015 PRINCIPAL DESIGNER FINED OVER FIRE RISK

    PD and PC failed to comply with CDM 2015 responsibilities

    Read the rest of this article »

    Posted on 23rd May 2018

    SENTENCING GUIDELINES UNDER THE MICROSCOPE

    Lawyer argues guidelines undermine reduction in ‘regulatory burden’

    Read the rest of this article »

    Posted on 23rd May 2018

    PANEL STRUCK WORKMAN DURING LIFTING OPERATION

    Third party contractor falls victim of poor lift planning

    Read the rest of this article »

    Posted on 21st May 2018

    DIRECTOR LED HAZARDOUS WORK AT HEIGHT

    Three occasions when work lacked suitable and sufficient precautions

    Read the rest of this article »

    Posted on 21st May 2018

    RISK ASSESSED BUT CONTROLS FOUND WANTING

    Joiner fell through unprotected opening on roof of new building

    Read the rest of this article »

    Posted on 21st May 2018

    RIBA CRITICAL OF HACKITT REVIEW FINAL REPORT

    High rise residential review dismissed as “major missed opportunity”

    Read the rest of this article »

    Posted on 21st May 2018

    CONSTRUCTION SECTOR DEATHS: THE ‘BIG THREE’

    HSE in-year fatalities for 2017/18 may indicate upward trend

    Read the rest of this article »

    Posted on 16th May 2018

    SCAFFOLDING SITE ACCIDENTS AT RECORD LOW

    NASC Annual Report reveals all time low in 2017 incidents

    Read the rest of this article »

    Posted on 14th May 2018

    DUMPER TRUCK HAND-BRAKE NOT MAINTAINED

    Workman injured when pinned against stack of concrete blocks

    Read the rest of this article »

    Posted on 14th May 2018

    SPARE POWER INTERLOCK KEY CAUSED DEATH

    Dangerous machinery safety precautions defeated for maintenance tasks

    Read the rest of this article »

    Posted on 10th May 2018

    COLLAPSED CAR PARK WAS UNDER REPAIR

    Rusted steel supports triggered collapse of fascia and floor

    Read the rest of this article »

    Posted on 8th May 2018

    DUMPER OVERTURN CAUSED FATAL INJURIES

    Precautions during spoil heap creation were inadequate

    Read the rest of this article »

    Posted on 8th May 2018

    HARDWOOD DUST CONTROL NOT MAINTAINED

    Manufacturer failed to examine and test local extraction system

    Read the rest of this article »

    Posted on 8th May 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data