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

    CDM REGULATIONS 2015: DESIGNER RISK AVOIDANCE

    What CDM 2015 designers must do when preparing or modifying designs

    On 6th April 2015 the primary duty and objective of designers under the CDM Regulations remains substantively unchanged namely to, eliminate, reduce or control risk through design. However, the duty will become more absolute and demanding in terms of the risk avoidance actions required.

    The CDM Regulation 2007 designer duty is qualified and allows the designer to take “due account of other relevant design considerations”. This critical qualification has been removed from CDM 2015 making it easier for the regulator to allege a ‘material breach’ of statute. This might thereby trigger a prosecution, enforcement notice or a Fee for Intervention invoice in respect of the designer.

    The qualification is partially reinstated in that the HSE CDM 2015 Legal Guidance refers to ‘other factors’ which may influence the design e.g. cost, fitness for purpose, aesthetics and environmental impact.

    However, the qualification, such as it is, is now relegated to Guidance status whereas breaches of law will be determined by reference to the wording of the Regulations and not the Guidance.

    More effort required using same means

    Does this really matter?

    The change may be important in terms of the degree of effort required to meet the objective (risk avoidance) but should have little impact on the means designers adopt to comply and avoid risk through design.

    The CDM 2007 Approved Code (ACOP) set out the actions required of designers. From 6th April 2015 this ACOP is withdrawn and replaced by the HSE Legal Guidance L153.

    The practical guidance for designers is included at paras 75-93 of L153 and the key points are set out below.

    Eliminating, reducing or controlling foreseeable risks through design

    When preparing or modifying designs, a designer must take account of the General Principles of Prevention, and the Pre-Construction Information, with the aim, as far as Reasonably Practicable, of eliminating foreseeable risks.

    Where this is not possible designers must take reasonably practicable steps to reduce the risks or control them through the design process, and provide information about the remaining risks to other dutyholders.

    HSE stress that designing is a process that often continues throughout the project and the following questions should be considered when design is carried out:

    • Can the problem (or hazard) be removed altogether? E.g. air con plant on a roof moved to ground level, so that work at height is not required for either installation or maintenance?;
    • How can risks be reduced or controlled so that harm is unlikely or the potential consequences less serious? E.g. place the air con plant within a building on the roof, or provide a barrier around the entire roof?

    If risks cannot be eliminated the designer should apply the principles below in deciding how to reduce or control the remaining risks – if possible, in the following order:

    1. Risk provide a less risky option e.g. switch to using components which are lighter in weight to reduce musculoskeletal disorders;
    2. Exposure – make provisions so that the work can be organised to reduce exposure to hazards e.g. provision for traffic routes so that barriers can be provided between pedestrians and traffic; and
    3. Information – ensure that those responsible for planning and managing the work are given the information needed to manage remaining risks e.g. information about loads that will be particularly heavy or elements of the building that could become unstable. This can be achieved through providing key information on drawings or within models e.g. Building Information Modelling (BIM).

    The designer is expected to do:

    “as much as is reasonable at the time the design is prepared. Hazards that cannot be addressed at the initial stage of a project may need to be reviewed later on during detailed design. On projects involving more than one contractor, the Principal Designer will lead in managing the review process. “

    General Principles of Prevention (GPP)

    The GPP provide the framework within which designers must consider their designs and any potential risks to health or safety which may affect workers, members of the public, those who may maintain or clean the building or use the building as a workplace.

    Designs prepared for places of work also need to comply with the Workplace (Health, Safety and Welfare) Regulations 1992 so designs need to take account of factors such as lighting and the layout of traffic routes.

    The HSE Guidance states at paras 83-84:

    “Health and safety risks need to be considered alongside other factors that influence the design such as cost, fitness for purpose, aesthetics and environmental impact. Working with contractors (including principal contractors) involved in the project can assist in identifying the potential risks and ways in which they may be controlled.

    Once the risks have been considered and taken into account, the level of detail in the information provided to those who need it should be proportionate to the risks remaining. Insignificant risks can usually be ignored, as can those arising from routine construction activities, unless the design worsens or significantly alters these risks”

    Further HSE information on risk avoidance

    The HSE Legal Guidance L153 states that further information on eliminating, reducing or controlling foreseeable risks is available on the HSE construction web pages Are You A Designer

    This section of the website is currently (23 March 2015) based on CDM 2007 and will presumably be update before 6th April 2015.

    The CDM Red, Amber and Green Lists (RAGs) at Annex E of the CITB Guidance are practical aides to designers on what to eliminate/avoid, and what to encourage and are unlikely to change.

    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