Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    CDM REGULATIONS 2015: PD PAID TO BE IN CONTROL?

    Risk of serious non-compliance by CDM 2015 project clients

    The requirement for a client appointed Principal Designer (PD) under CDM 2015 is causing head scratching amongst clients, designers and contractors with some interesting variations in how the requirement is interpreted.

    In some cases clients are retaining a detached third-party as PD (on the lines of the former CDM-C) rather than appointing a party engaged in design on the project in hand. This despite the HSE declared intention to “embed” the PD duty holder within the project design team.

    So what are the implications?

    Effective PD control is essential

    A key defining characteristic of the PD appointment is that the person (usually a corporate body) appointed must be “a designer with control over the pre-construction phase (PCP)”.

    The CDM 2015 definitions of “design” and “designer” are sufficiently broad to include most parties involved in construction projects. However, the requirement for PD “control” is more problematical and begs a number of questions, for example:

    1. What is PD control?
    2. How far does PD control extend?
    3. What if others resist control by the PD?
    4. What power does the PD have to secure the required control?

    In the absence of further guidance from HSE project clients and others must apply common sense. We offer some initial thoughts below.

    Client is the source of resources and authority

    Control over the PCP implies power and the typical dictionary definition of control is “The power to influence or direct people’s behaviour”. However, the regulations do not provide explicit powers to the PD and hence the only possible source of authority is the client who appointed the PD.

    The client will therefore need to be sure that the PD is given sufficient powers within the terms of their PD appointment. The client will also need to make clear what the PD can and should do in the event of a serious dispute over the extent of PD control.

    One thing is sure. The PD responsibilities go well beyond those of the former CDM-C role by involving “control” over the PCP plus the planning, managing and monitoring of the PCP.

    Appointments must be backed by sufficient fees

    Some potential PDs have experienced reluctance by clients to match the PD appointment with commensurate fees.  This is dangerous territory for the client when lawyers advise that:

    “… there should be a reference to payment for these extra (PD) services. Unless the principal designer is paid, a client will not be able to satisfy its obligation to “make suitable arrangements for managing a project, including the allocation of sufficient time and other resources” (Regulation 4(1)). Equally, it would be impossible for a principal designer to carry out the obligations of that role properly without spending time and effort on them”

    Construction project clients risk serious non-compliance if the above issues are not considered and clarified at the outset. The client will need to address these issues at the time of PD appointment and take steps throughout the project to check that the PD is exercising effective control over the PCP.

    Organisations formerly offering CDM-C services might quite legitimately be appointed as a project PD. However, HSE may be concerned if the actions exhibited by the PD are those of the stereotypical CDM-C with no evidence of behaviour that could be described as properly resourced “control” of the PCP.

    This situation would leave both client and the appointed PD at risk of enforcement action and/or HSE Fee for Intervention charges.

    The HSE Legal Guidance and CITB/HSE Industry Guidance provide some clarity as to what actions might comprise adequate control by the PD.

    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

    CHILD INJURED BY WALL COLLAPSE INCIDENT

    Council failed to carry out “intelligence led” condition inspections

    Read the rest of this article »

    Posted on 18th February 2019

    BOTTLE JACK SUPPORT FAILED TO PREVENT DEATH

    Director sentenced alongside company over death of engineer

    Read the rest of this article »

    Posted on 18th February 2019

    TEMPORARY WORKS FAILURES CAUSED FATAL FALL

    Platform not designed and system for installation and inspection inadequate

    Read the rest of this article »

    Posted on 18th February 2019

    SOLVENT IGNITED DURING FLOOR CLEANING WORKS

    Flammable solvent fire fought with water spreading fire further

    Read the rest of this article »

    Posted on 13th February 2019

    INEVITABLE COLLAPSE OF SCAFFOLD ON TO SCHOOL

    Scaffold not designed or installed to withstand foreseeable loads

    Read the rest of this article »

    Posted on 13th February 2019

    HSE ENFORCEMENT WEEKLY UPDATE 13th FEB 2019

    hselogo1Latest online register of prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 13th February 2019

    OIL DRUM EXPLODED DURING HOT CUTTING WORK

    Firm fined £400k after drum lid ejected causing loss of leg

    Read the rest of this article »

    Posted on 12th February 2019

    ROOFLIGHT FALL ON NUCLEAR POWER SITE

    Energy generating company and maintenance contractor fined

    Read the rest of this article »

    Posted on 12th February 2019

    DIRECTOR PROSECUTED AFTER 6METRE ROOF FALL

    Untrained worker fell through rooflight in fragile asbestos roof

    Read the rest of this article »

    Posted on 12th February 2019

    HSE ALERT: MILD STEEL WELDING CANCER RISK

    HSE announces enforcement action change based on new cancer evidence

    Read the rest of this article »

    Posted on 11th February 2019

    LORRY MOUNTED LIFTING OPERATION PROVED FATAL

    Steel staircase toppled from vehicle after sling snagged

    Read the rest of this article »

    Posted on 7th February 2019

    DIRECTOR AND BUSINESS IN COURT OVER DEATH

    Scaffold not priced for on domestic roof-line refurbishment work

    Read the rest of this article »

    Posted on 6th February 2019

    FRAGILE ROOFLIGHT HAZARD PROTECTION MISSING

    Two businesses prosecuted after a worker fell through a fragile rooflight

    Read the rest of this article »

    Posted on 5th February 2019

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 4th February 2019

    FINGERS CRUSHED BY METAL FOLDING MACHINE

    Steel cladding firm fined £600k over failure guard access to danger

    Read the rest of this article »

    Posted on 4th February 2019

    ASBESTOS ILLEGALLY REMOVED AFTER SURVEY

    Surveyor pricing asbestos work found contractor jumped the gun

    Read the rest of this article »

    Posted on 4th February 2019

    SITE DUMPER PRECAUTIONS FAILED TO PREVENT DEATH

    Contractor fined £600k for poor management of vehicle/people interface

    Read the rest of this article »

    Posted on 4th February 2019

    BUILDER EXPOSED RESIDENTS TO POISONING HAZARD

    Prison term for builder who put three at risk from carbon monoxide

    Read the rest of this article »

    Posted on 4th February 2019

    POOR SEPARATION OF VEHICLES AND PEDESTRIANS

    Logistics company fined £150,000 after driver suffers serious injuries

    Read the rest of this article »

    Posted on 4th February 2019

    £1MILLION FINE OVER VEHICLE RISK MANAGEMENT

    Death of workman exposed uncontrolled vehicle manoeuvring

    Read the rest of this article »

    Posted on 25th January 2019

    ACCREDITATION IS ONLY ONE WAY TO CONFIDENCE

    HSE publishes guidance on demonstrating CDM 2015 competence

    Read the rest of this article »

    Posted on 24th January 2019

    PRECAUTIONS ON PAPER LACKING IN PRACTICE

    Fatal fall through opening in concrete slab during work with breaker

    Read the rest of this article »

    Posted on 24th January 2019

    HSE TARGETS HEALTH ON LONDON PROJECTS

    Regulator starts inspection ‘blitz’ on construction sites

    Read the rest of this article »

    Posted on 23rd January 2019

    WORKMAN FELL FROM UNSECURED LADDER

    Industrial cladding company failed to assess and control WAH

    Read the rest of this article »

    Posted on 18th January 2019

    SCAFFOLDER FELL THROUGH FRAGILE ROOFLIGHT

    Fall through roof leaves workman with life-changing injuries

    Read the rest of this article »

    Posted on 18th January 2019
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic