• Total Access Higher Safety
    Turner Access Chipmunk Data

    CDM REGULATIONS 2015: CLIENT IN THE SPOTLIGHT

    Clients must prepare for more demanding project H&S duties

    The CDM Regulations 2015 rewrite client obligations regarding the health and safety of construction teams, building maintenance workers and building users etc.

    The new Regulations recognise the influence and importance of the client as the head of the supply chain and as the party best placed to set standards throughout a project.

    We look below at the principle duty which will apply to the ‘commercial client’ under CDM 2015 from 6 April 2015. The ‘commercial client’ is any person (company or individual) for whom a construction project is carried out in the course or furtherance of the clients’ business.

    This distinguishes such clients from ‘domestic’ clients e.g. home owners procuring building work, whose CDM 2015 duties are taken by contractors and designers.

    Making and maintaining arrangements for managing the project

    The most demanding client requirement under CDM 2015 is contained in Regulation 4 which states that the client must :

    “make suitable arrangements for managing a project, including the allocation of sufficient time and other resources. Arrangements are suitable if they ensure that the construction work can be carried out, so far as is reasonably practicable, without risks to the health or safety of any person affected by the project.”

    HSE Legal Guidance on CDM 2015 states that to be ‘suitable’ these arrangements should include the following:

    • Project team assembly – selection of suitably skilled and capable designers and contractors;
    • Roles, functions and responsibilities – made clear to all;
    • Resources and time – allocated for each stage of project;
    • Communication, cooperation and coordination – between project team members;
    • Compliance – steps to ensure Principal Designer and Principal Contractor comply;
    • H&S Performance – how performance of others is maintained throughout project; and
    • Welfare facilities – how client ensures that the suitable facilities provided during construction work.

    Where the range and nature of risks to health and safety warrants the client management arrangements should also include:

    • Standards of H&S – the expected standards including safe work practices and means by which standards will be maintained; and
    • Designer expectations – the steps to help manage foreseeable risks through design.

    Finally, the client must ensure that the arrangements are maintained and reviewed throughout the project.

    HSE suggest that actions the client can take to maintain and review their arrangements are:

    1. Milestones – establishing key milestones in the life of the project where the client can assess progress of the project and determine whether health and safety standards are being met;
    2. Independent review – seek advice and on larger projects consider an independent review of standards.
    Other major client responsibilities

    There are a number of further client responsibilities which we will explore in further posts. These include:

    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

    RISK ASSESSMENT BREACH PROMPTS £400,000 FINE

    Fatality revealed assessment was not suitable and sufficient

    Read the rest of this article »

    Posted on 24th May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 24th MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 24th May 2017

    LACK OF SAFE PLATFORMS FOR WORK ON CRANE

    Major crane hire company erred on work at height precautions

    Read the rest of this article »

    Posted on 22nd May 2017

    SECOND CORPORATE MANSLAUGHTER CASE IN WEEK

    Double fatality represented pattern of serious neglect

    Read the rest of this article »

    Posted on 22nd May 2017

    DIRECTORS JAILED AND FIRM FINED FOR MANSLAUGHTER

    Client paid £100,000 less than economic cost for roof work

    Read the rest of this article »

    Posted on 22nd May 2017

    SOLAR PANEL FIRM AND DIRECTOR IN COURT

    Ineffective use of fall arrest no substitute for proper precautions

    Read the rest of this article »

    Posted on 22nd May 2017

    FIRM FAILED TO SECURE COMPETENT ASSISTANCE

    Court holds manager to account over inaction on risk management

    Read the rest of this article »

    Posted on 22nd May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 17th MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 21st May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 10th MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 12th May 2017

    GROUND WORKER TRAPPED BY EXCAVATION COLLAPSE

    Fellow workers dug earth so injured workman could breath

    Read the rest of this article »

    Posted on 11th May 2017

    MAJOR UK FIRMS FAILED ON VEHICLE MANAGEMENT

    Worker struck and injured when towed trolley and load overturned

    Read the rest of this article »

    Posted on 9th May 2017

    MAGISTRATES FINE FIRM £250,000 OVER ROOF FALL

    Solar panel firm failed to control risk and supervise works

    Read the rest of this article »

    Posted on 9th May 2017

    HSE REFURBISHMENT CAMPAIGN ENDS £750,000 FINE

    Contractor fined under CDM after failing to act on asbestos survey

    Read the rest of this article »

    Posted on 8th May 2017

    SITE MANAGER JAILED OVER DEATH OF PASSER-BY

    Failure to secure windows led to death and manslaughter sentence

    Read the rest of this article »

    Posted on 8th May 2017

    ROGUE GAS FITTER JAILED FOR 16 MONTHS

    Work unsafe and exposed home residents at risk of harm

    Read the rest of this article »

    Posted on 3rd May 2017

    LADDER ASSOCIATION ISSUES NEW SAFETY GUIDANCE

    Guidance comes amidst concerns surrounding unsafe telescopic ladders

    Read the rest of this article »

    Posted on 3rd May 2017

    FATALITY: FALL ON NEW HOMES PROJECT

    Workman died falling from a ladder on construction project

    Read the rest of this article »

    Posted on 3rd May 2017

    FIRM ADMITS GUILT AFTER DEATH OF FOUR WORKMEN

    Guilty plea entered by company on first day of Crown Court trial

    Read the rest of this article »

    Posted on 3rd May 2017

    FIRM FINED £2 MILLION OVER WORKPLACE DEATH

    Unsafe stacking of plastic bales claimed life of cleaner

    Read the rest of this article »

    Posted on 3rd May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 1st MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 3rd May 2017

    CONCRETE STAIRCASE CAUSED FATAL CRUSHING

    Lifting operations were unsafe and poorly supervised on project

    Read the rest of this article »

    Posted on 3rd May 2017

    CALL TO HALT FALL IN HSE FRONT LINE INSPECTORS

    Union reveals 25% cut and increasing delay in concluding investigations

    Read the rest of this article »

    Posted on 3rd May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 26th APRIL 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 27th April 2017

    FATALITY: HOMES PROJECT IN SCOTLAND

    Circumstances of construction worker death remain unclear

    Read the rest of this article »

    Posted on 24th April 2017

    HSE OPEN FEE FOR INTERVENTION CONSULTATION

    hselogo1Regulator proposal for revised FFI disputes process

    Read the rest of this article »

    Posted on 24th April 2017
    Turner Access Chipmunk Data
    Total Access Higher Safety