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

    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

    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