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

    CDM REGULATIONS 2015: PRINCIPAL DESIGNER ROLE

    Principal Designers to be placed at the heart of project safety

    The (almost) definitive version of the CDM Regulations 2015 plus the associated legal and industry guidance has now been published and HSE expects the regulations will come into force on 6 April 2015, subject to final parliamentary scrutiny.

    Interested parties will be considering the implications for their business and the impact the changes might have on injury and ill-health arising from construction projects.

    Three new Russian Dolls

    There will be three new sets of ‘rules’ namely:

    See also our useful Summary of Regulations

    The Statutory Instrument (CDM Regulations 2015) is at the heart of the ‘Russian Dolls’ and is the best starting point for deciding on the actions required to achieve compliance.

    A failure to comply with the CDM Regulations 2015 will represent a ‘material breach’ and create an offence which may result in a prosecution and/or payment of HSE Fees for Intervention.

    On this principle we have set out below a brief summary of what the Regulations will require of the appointed project Principal Designer (PD). Who can the client appoint as PD? When must the PD be appointed? and What actions must the PD take?

    WHO CAN THE CLIENT APPOINT AS THE PD?

    The change to appointment of a PD rather than a CDM-C is regarded by HSE as one of the most significant elements of the CDM Regulations 2015. The change is intended to place the PD (and client) at the heart of construction project safety.

    PD must be a ‘designer’

    The PD is the designer appointed by the client to ensure that the project is carried out without risks to health or safety by undertaking the actions outlined below.

    The PD can be any person who prepares or modifies a design; arranges for, or instructs, any person under their control to do so in the course or furtherance of a business. The ‘person’ can be an individual or a corporate body.

    PD must have the necessary skills and capabilities etc.

    The PD appointed to work on the project must have the skills, knowledge and experience and, if they are an organisation, the organisational capability, necessary to fulfil the role in a manner that secures the health and safety of any person affected by the project.

    PD skills and capabilities etc. must be checked by client

    The project client must take steps to satisfy themselves that the PD fulfils the conditions regarding skills and capabilities etc. and the PD must not accept an appointment as project PD unless they fulfil these conditions.

    WHEN MUST THE CLIENT APPOINT THE PD?

    The client must appoint the PD “as early as possible in the design process”. The requirement under CDM 2015 (early as possible) is more decisive that the current CDM 2007 requirement to appoint the CDM-C “as soon as is practicable after initial design work or other preparation for construction work has begun”.

    The current RIBA Plan of Work 2013 requires early appointment of the CDM-C by declaring that it is “essential the (project) team is properly assembled” by Stage 1 – Preparation and Brief.

    WHAT ACTIONS MUST BE TAKEN BY THE PD?

    The overarching duty of the PD is to ensure that the project is carried out without risks to health or safety. This must be achieved by actions to:

    • Plan, manage and monitor – the pre-construction phase; and
    • Coordinate – matters relating to health and safety during the pre-construction phase.

    In fulfilling these overarching duties the PD must also:

    • General Principles – take into account the general principles of prevention and the content of any construction phase plan and health and safety file;
    • Risk Elimination and Control – identify and eliminate or control foreseeable risks to the health or safety of any person carrying out or affected by construction work; maintaining or cleaning a structure; or using a structure as a place of work;
    • Designer Checks – ensure all designers comply with their duties to eliminate, reduce and control risk through provision of information;
    • Cooperation – ensure that all persons working in relation to the pre-construction phase cooperate with the client, PD and each other; and
    • H&S File – prepare a file containing H&S information likely to be needed during any subsequent project and ensure file is reviewed, updated etc. from time to time and passed to the client at the end of the project.

    The PD is also required to comply with two other duties:

    • Pre-Construction Information – assist the client in the provision of the pre-construction information required and provide this information, promptly and in a convenient form, to every designer and contractor appointed, or being considered for appointment, to the project.
    • Construction Phase Liaison – liaise with the PC and share with the PC information relevant to the planning, management and monitoring of the construction phase and the coordination of health and safety matters during the construction phase.
    Comment

    The Principal Designer responsibilities are demanding and exceed those currently held by the CDM Coordinator.

    The Regulations make it more explicit that the client must appoint the PD early in the life of a project and that the client must take steps to be satisfied that the company or person appointed as PD has all the necessary skills and capabilities etc.

    The PD is required to check on compliance by other designers and lead / coordinate the risk identification and elimination processes throughout the pre-construction phase.

    Understanding what the law requires and putting in place the right people and processes should put clients and the appointed PD in a comfortable position and help improve action to secure safety through design.

    Where such positive voluntary actions are not taken the CDM Regulations 2015 and the Fee for Intervention scheme will provide HSE with some powerful tools to secure compliance by both Principal Designers and Designers.

    CDM 2015 Information and Templates

    See CDM 2015 Survey Results for the findings of our CDM 2015 Five Minute Online Survey.

    We have published a great deal of further information and templates designed to support Clients, Designers, Principal Designers/Contractors and Contractors in meeting their duties under CDM Regulations 2015.

     

    Latest Construction Health and Safety News

    SOLVENT IGNITED DURING FLOOR CLEANING WORKS

    Flammable solvent fire fought with water spreading fire further

    Read the rest of this article »

    Posted on 13th February 2019

    INEVITABLE COLLAPSE OF SCAFFOLD ON TO SCHOOL

    Scaffold not designed or installed to withstand foreseeable loads

    Read the rest of this article »

    Posted on 13th February 2019

    HSE ENFORCEMENT WEEKLY UPDATE 13th FEB 2019

    hselogo1Latest online register of prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 13th February 2019

    OIL DRUM EXPLODED DURING HOT CUTTING WORK

    Firm fined £400k after drum lid ejected causing loss of leg

    Read the rest of this article »

    Posted on 12th February 2019

    ROOFLIGHT FALL ON NUCLEAR POWER SITE

    Energy generating company and maintenance contractor fined

    Read the rest of this article »

    Posted on 12th February 2019

    DIRECTOR PROSECUTED AFTER 6METRE ROOF FALL

    Untrained worker fell through rooflight in fragile asbestos roof

    Read the rest of this article »

    Posted on 12th February 2019

    HSE ALERT: MILD STEEL WELDING CANCER RISK

    HSE announces enforcement action change based on new cancer evidence

    Read the rest of this article »

    Posted on 11th February 2019

    LORRY MOUNTED LIFTING OPERATION PROVED FATAL

    Steel staircase toppled from vehicle after sling snagged

    Read the rest of this article »

    Posted on 7th February 2019

    DIRECTOR AND BUSINESS IN COURT OVER DEATH

    Scaffold not priced for on domestic roof-line refurbishment work

    Read the rest of this article »

    Posted on 6th February 2019

    FRAGILE ROOFLIGHT HAZARD PROTECTION MISSING

    Two businesses prosecuted after a worker fell through a fragile rooflight

    Read the rest of this article »

    Posted on 5th February 2019

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 4th February 2019

    FINGERS CRUSHED BY METAL FOLDING MACHINE

    Steel cladding firm fined £600k over failure guard access to danger

    Read the rest of this article »

    Posted on 4th February 2019

    ASBESTOS ILLEGALLY REMOVED AFTER SURVEY

    Surveyor pricing asbestos work found contractor jumped the gun

    Read the rest of this article »

    Posted on 4th February 2019

    SITE DUMPER PRECAUTIONS FAILED TO PREVENT DEATH

    Contractor fined £600k for poor management of vehicle/people interface

    Read the rest of this article »

    Posted on 4th February 2019

    BUILDER EXPOSED RESIDENTS TO POISONING HAZARD

    Prison term for builder who put three at risk from carbon monoxide

    Read the rest of this article »

    Posted on 4th February 2019

    POOR SEPARATION OF VEHICLES AND PEDESTRIANS

    Logistics company fined £150,000 after driver suffers serious injuries

    Read the rest of this article »

    Posted on 4th February 2019

    £1MILLION FINE OVER VEHICLE RISK MANAGEMENT

    Death of workman exposed uncontrolled vehicle manoeuvring

    Read the rest of this article »

    Posted on 25th January 2019

    ACCREDITATION IS ONLY ONE WAY TO CONFIDENCE

    HSE publishes guidance on demonstrating CDM 2015 competence

    Read the rest of this article »

    Posted on 24th January 2019

    PRECAUTIONS ON PAPER LACKING IN PRACTICE

    Fatal fall through opening in concrete slab during work with breaker

    Read the rest of this article »

    Posted on 24th January 2019

    HSE TARGETS HEALTH ON LONDON PROJECTS

    Regulator starts inspection ‘blitz’ on construction sites

    Read the rest of this article »

    Posted on 23rd January 2019

    WORKMAN FELL FROM UNSECURED LADDER

    Industrial cladding company failed to assess and control WAH

    Read the rest of this article »

    Posted on 18th January 2019

    SCAFFOLDER FELL THROUGH FRAGILE ROOFLIGHT

    Fall through roof leaves workman with life-changing injuries

    Read the rest of this article »

    Posted on 18th January 2019

    ARM DRAGGED INTO CONVEYOR BELT DANGER

    Workman seriously injured on first day at work in quarry

    Read the rest of this article »

    Posted on 16th January 2019

    ROOF TRUSSES TOPPLED TRAPPING WORKMAN

    Principal contractor failed to plan, manage and monitor project

    Read the rest of this article »

    Posted on 16th January 2019

    SCAFFOLDING AWARENESS TRAINING FOR ALL

    CISRS set to target painters, bricklayers, electricians and plumbers

    Read the rest of this article »

    Posted on 16th January 2019
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic