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

    CDM REGULATIONS 2015: NEW DESIGNER DUTIES

    Designers face tougher test under revised CDM Regulations

    Abolition of the CDM Coordinator and introduction of the Principal Designer has received a great deal of attention as the most significant change set to be introduced by CDM 2015.

    A further change which seems to have ‘slipped under the radar’ concerns those defined as ‘designers’ under the new regulations.

    Who is a designer?

    A designer under CDM 2015 will usually be a business rather than an individual.

    The definition of ‘designer’ is very wide and the HSE Legal Guide states:

    “Designers include architects, consulting engineers, quantity surveyors, interior designers, temporary work engineers, chartered surveyors, technicians or anyone who specifies or alters a design. They can include others if they carry out design work such as principal contractors, and specialist contractors e.g. an engineering contractor providing design, procurement and construction management services. Where commercial clients become actively involved in designing in relation to their project, they may also be considered to be designers.”

    What are the designer duties?

    Designers will face the following duties:

    • Check awareness of clients

    The first duty is to be satisfied that the client is aware of the duties owed by the client under CDM 2015.

    • Eliminate foreseeable risk

    The primary duty is that when preparing or modifying a design the designer must take into account the ‘general principles of prevention’ and any pre-construction information to eliminate foreseeable risks to the health or safety of any person carrying out or liable to be affected by construction work.

    In addition, those maintaining or cleaning a structure or using a structure designed as a workplace must also be considered.

    • Reduce or control risk through design

    If it is not possible to eliminate these risks, the designer must take steps to reduce or control the risks through the subsequent design process.

    • Provide information

    Finally, the designer must provide information about the above risks to the CDM Principal Designer and ensure appropriate information is included in the health and safety file.

    Designers must also take all reasonable steps to provide, with the design, sufficient information about the design, construction or maintenance of the structure, to adequately assist the client, other designers and contractors to comply with their duties under CDM 2015.

    So… what is new under CDM 2015?

    The primary responsibility of designers under CDM 2007 is to seek to avoid foreseeable risk during design.

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

    Under CDM 2015 the qualification “taking due account of other relevant design considerations” has been removed which has the effect of making the designer duty far more absolute and onerous.

    It will be much easier for the regulator to allege a ‘material breach’ of statute thereby triggering a Prosecution or a Fee for Intervention invoice in respect of the designer.

    What should designers do to comply?

    All CDM 2015 designers should take positive steps to:

    • Review the way they identify and eliminate hazards during design;
    • Consider how the process and outcomes might be improved;
    • Check on the adequacy of information provided with designs; and
    • Be prepared to justify the above to the CDM 2015 project Principal Designer.
    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

    COUNCIL OVERLOOKED ICE RINK SLIPPING RISK

    Obvious risk of employees falling on ice rink was left uncontrolled

    Read the rest of this article »

    Posted on 22nd October 2018

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 22nd October 2018

    HSE ENFORCEMENT WEEKLY UPDATE 17th OCT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 18th October 2018

    YOUNG WORKER FELL FROM PETROL STATION CANOPY

    Steel fabricator after young construction worker falls on first day at work

    Read the rest of this article »

    Posted on 18th October 2018

    FIRM FINED OVER FAILURE AT ASSESS VIBRATION RISK

    Vibration regulations not acted upon until seven years in operation

    Read the rest of this article »

    Posted on 18th October 2018

    FAILURE TO ISOLATE LEAVES WORKMAN PARALYSED

    Conveyor guards removed before power source isolated

    Read the rest of this article »

    Posted on 16th October 2018

    TRADING STANDARDS AND HSE ACT IN CONCERT

    Director given prison term over fraud and health and safety breaches

    Read the rest of this article »

    Posted on 15th October 2018

    BUILDER ERROR CAUSED FALL OF RESIDENT

    Director prosecuted over refurb project danger to others

    Read the rest of this article »

    Posted on 12th October 2018

    FORMER HSE BOSS CONDEMNS VALUE ENGINEERING

    Resident and public safety must match workforce safety progress

    Read the rest of this article »

    Posted on 12th October 2018

    RETAILER FINED AFTER FAN AMPUTATES FINGERS

    Maintenance engineer injured during roof fan repair works

    Read the rest of this article »

    Posted on 12th October 2018

    POOR PLANT ISOLATION CAUSED CONVEYOR DANGER

    Arm of fitter trapped between conveyor drum and belt

    Read the rest of this article »

    Posted on 11th October 2018

    BUILDING OWNER FAILED TO CHECK FOR ASBESTOS

    Prison sentence for businessman after previous HSE enforcement

    Read the rest of this article »

    Posted on 11th October 2018

    YOUNG WORKER LOSES FINGERS IN SAWING INCIDENT

    Provision of training and information could not be proved

    Read the rest of this article »

    Posted on 11th October 2018

    MD PROSECUTED ALONGSIDE ERRANT COMPANY

    Director held personally responsible for poor site conditions

    Read the rest of this article »

    Posted on 1st October 2018

    ASBESTOS REMOVAL STARTED BEFORE R & D SURVEY

    Asbestos insulation board found outside building being refurbished

    Read the rest of this article »

    Posted on 27th September 2018

    INEFFECTIVELY BRAKED SAW CAUSED AMPUTATIONS

    Retro-fitting of precautions may be required on older machines

    Read the rest of this article »

    Posted on 27th September 2018

    FALL THROUGH FRAGILE CEILING TILES

    Failure to implemented control measures for working near fragile surfaces

    Read the rest of this article »

    Posted on 27th September 2018

    HSE SEEKS CONSTRUCTION ‘DUST BUSTER’ PARTNERS

    Regulator uses social media to raise dust dangers and using right controls

    Read the rest of this article »

    Posted on 24th September 2018

    MAJOR HOMES BUSINESS EXPOSED PUBLIC TO RISK

    Residential property refurb project created carbon monoxide danger

    Read the rest of this article »

    Posted on 24th September 2018

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic