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HSE SET OUT SMALL PROJECT CLIENT CDM 2015 DUTIES

Inaction may result in fines and fees for an HSE intervention

HSE has issued advice for building owners, users or managing agents having maintenance, small-scale building work or other minor works carried out. These business clients have new legal duties under the Construction (Design and Management) Regulations 2015 (CDM 2015)

Clients are “not expected to actively manage or supervise the construction work” but nevertheless have a significant influence over the way the work is carried out.

Whatever the size of project, the client must decide which designer and contractor will carry out the work and how much money, time and resource is available. These decisions have an impact on the health, safety and welfare of workers and others affected by the work.

Client arrangements must be in place

The new HSE guidance advises clients to discuss with designer and builder how significant health and safety risks will be managed at the start and throughout the build. For example, work on or near fragile roofs or rooflights, which is a major cause of fatal and life-changing injuries on smaller projects.

Client arrangement must be in place for managing and organising the project and the necessary appointment of a principal designer and principal contractor will be required where there is more than one contractor involved. The client must ensure a compliant construction phase plan is in place on all projects.

HSE stress that:

“CDM 2015 is not about creating unnecessary and unhelpful processes and paperwork. It is about choosing the right team and helping them to work together to ensure health and safety”

However, HSE advise clients:

“If you don’t appoint a principal designer or principal contractor you will be responsible for the things that they should have done.

Serious breaches of health and safety legislation on your construction project could result in construction work being stopped and additional work may be needed to put things right. In the most serious circumstances, you could be prosecuted. HSE now recovers the costs of time spent dealing with material breaches of health and safety law. This is known as Fee for Intervention (FFI).

FFI applies when an inspector finds something wrong that they believe is serious enough for them to write to you about. A fee is charged for the time spent by the inspector in sorting it out. Following the simple guidance in this leaflet may help you to avoid having to pay a fee.”

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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