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CDM REGULATIONS 2015: WHO ARE DESIGNERS AND PDs?

hselogo1HSE seek move from external and individual delivery of coordination

The CDM Regulations 2015 and other H&S legislation often refer to ‘persons’ with duties under the regulations. For example a “designer” under CDM 2015 means “any person who in the course or furtherance of a business prepares or modifies a design etc.”

The Interpretation Act 1978 states that “Person” includes a body of persons corporate or unincorporate. The duties of a designer, including a Principal Designer (PD), could therefore fall to an individual or a corporate body.

In most cases under CDM 2015 the ‘persons’ who are designers or the PD will be a corporate body unless that ‘person’ is a sole trader e.g. a self-employed architect.

Employees of organisations undertaking design or fulfilling PD duties do NOT carry CDM 2015 designer or PD responsibilities, although they will need to meet their general legal duties as employees and follow company H&S procedures.

PD is an ‘Internal Business Process’

Understanding this distinction is central to HSE’s approach to the PD appointment. The CDM-C appointment under CDM 2007 was widely seen as an external individual role delivered by one ‘real’ person.

However, HSE has made it clear that the CDM 2015 PD appointment is an internal business function delivered by the body corporate. See HSE /IOSH Webinar

Corporate bodies can only discharge their duties through “real” people working in teams but it is the corporate body which retains designer and PD legal duties.

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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