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CDM REGULATIONS 2015: CONTRACTOR DUTIES

Managing and supervising too important to leave to Principal Contractors

The duties of contractors under CDM Regulations 2015 have been simplified and make it clear that contractors are fully responsible for their own work packages and cannot rely upon a proactive Principal Contractor (where appointed) to secure project safety.

So……what actions must be taken by a contractor to meet their imminent responsibilities under CDM 2015?

Check client awareness

A contractor must not carry out construction work in relation to a project unless the contractor is satisfied that the client is aware of the duties owed by the client.

Check worker skills, knowledge, training and experience

A contractor must not employ or appoint a person to work on a construction site unless the person has (or is in the process of obtaining) the necessary skills, knowledge, training and experience to carry out the tasks allocated in a manner that secures the health and safety of any person working on the construction site.

Draw up a health and safety plan

Where there is only one contractor working on the project, the contractor must draw up a Construction Phase Plan, or make arrangements for a construction phase plan to be drawn up, as soon as is practicable prior to setting up the construction site.

Plan, manage and monitor the work

The primary substantive duty of each contractor is to plan, manage and monitor the construction work carried by, or by workers under their control, such that it is carried out without risks to health and safety.

In doing so the contractor must take account of the general principles of prevention which includes avoiding risks, evaluating remaining risks, combating those risks at source and only using individual protective measures e.g. PPE, a last resort.

Supervise, instruct and inform workers

A contractor must provide each worker under their control with appropriate supervision, instructions and information so that the construction work can be carried out without risks to health and safety.

The information provided by the contractor must include:

  • Site induction – a suitable induction where not already provided by the principal contractor;
  • Emergency procedures – to be followed in the event of ‘serious and imminent danger to health and safety'; and
  • Risks identified – by the contractor risk assessment or arising out of the conduct of another contractor undertaking of which you might reasonably to be aware.

Plus any other information necessary to enable the worker to comply with the relevant statutory provisions.

Check control over site access

A contractor must not begin work on a construction site unless reasonable steps have been taken to prevent access by unauthorised persons to that site.

Check welfare facilities are compliant

A contractor must ensure that the requirements of CDM Regulations 2015 Schedule 2, concerning welfare facilities, are complied with so far as they affect the contractor or any worker under that contractor’s control.

Act on instructions from others

Where there is more than one contractor working on a project, a contractor must comply with:

  • Directions – given by the principal designer or the principal contractor; and
  • Parts of the construction phase plan – relevant to that contractor’s work on the project.
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.

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