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

    CDM REGULATIONS 2015: CAN YOU BE PRINCIPAL DESIGNER?

    Clients consider who to appoint in new safety through design role

    Abolition of the CDM Coordinator role and introduction of the new Principal Designer (PD) appointment is the most important change introduced by the CDM Regulations 2015 which come into operation on 6th April 2015.

    Construction project clients must appoint a PD “as early as possible in the design process” and are therefore considering who will fill this crucial appointment on future projects.

    What is the legal obligation and who might legitimately be appointed?

    Legal test for Principal Designer appointment

    The PD is the designer appointed by the client to ensure that the project is carried out without risks to health or safety and 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 actions required of the PD  relate to the ‘pre-construction phase’ of the project. The ‘person’ appointed can (and usually will) be a corporate body or an individual.

    The PD must be “the designer with control over the pre-construction phase” with the skills, knowledge and experience and organisational capability, necessary to fulfil the role in a manner that secures the health and safety of any person affected by the project.

    The 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.

    Who can be appointed as Principal Designer?

    Provided the person or organisation meets the above requirements the client may consider a number of options.

    Remember: the CDM 2015 Principal Designer is in most cases a business rather than an individual and the necessary skills and capabilities will not reside in one person within the organisation.

    Client appoints self

    The client has control over the design, resources and programme but may lack the construction health and safety skills and capabilities etc. This gap could be filled by those currently providing CDM Coordinator services under CDM 2007.

    Under these arrangements the client is appointed as the CDM 2015 PD with the statutory responsibilities whilst retaining a CDM-C as adviser (or the company internal H&S Specialists) for the duration of the project.

    Client appoints former CDM-C

    Some developers and clients are considering appointing the PD from their pool of existing CDM Coordinators. In this case the statutory PD responsibilities will fall to the CDM-C organisation.

    HSE are not encouraging this approach. However, if the CDM-C is a designer, has the requisite skills etc. and control over the pre-construction phase there seems no legal bar to this solution.

    Client appoints lead designer

    This could be the project architects or other lead design organisation provided the  health and safety skills etc. test is met. This option will probably be the most widespread outcome.

    Client appoints principal contractor

    Many homes developers will consider this route. This is consistent with how such organisation comply with CDM 2007 where the client currently takes on both CDM-Coordinator and Principal Contractor appointments.

    Comment

    It will interesting to see how actual behaviour unravels post 6th April 2015 and the impact on project costs.

    In all cases the legal tests must be met: the PD must be the designer with control over the pre-construction phase with the skills and capabilities etc. to fulfil all the actions required of the PD. See above.

    All the above options could allow those businesses currently providing  CDM 2007 Coordinator services to find a role under the new legislative framework.

    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

    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