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

    HSE ENFORCEMENT DATABASE UPDATE 17th APRIL 2019

    hselogo1Latest online register of prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 17th April 2019

    TWO BRICKLAYERS INJURED IN FLOOR COLLAPSE

    Joist hangers incorrectly installed and floor overloaded with blocks

    Read the rest of this article »

    Posted on 16th April 2019

    FIRM FINED £150K AFTER BOY FELL FROM SCAFFOLD

    Ladder guard failed to prevent 12-year old accessing scaffolding

    Read the rest of this article »

    Posted on 16th April 2019

    SAFETYCAM VEHICLE TRAPS ERRANT DRIVERS

    Safer Highways reports on new approaches to roadworks health and safety

    Read the rest of this article »

    Posted on 16th April 2019

    NEW PRE-QUAL SYSTEM LAUNCHED BY MAJOR PLAYERS

    Build UK and CECA publish common PQ assessment standard

    Read the rest of this article »

    Posted on 16th April 2019

    REPORT CONFIRMS RISING COST OF OFFENDING

    Considerable increases in fines imposed on larger organisations

    Read the rest of this article »

    Posted on 16th April 2019

    CONCRETE BLOCK MAKER FAILED TO GUARD MACHINE

    Effective safety precautions absent for a number of years

    Read the rest of this article »

    Posted on 9th April 2019

    HOTEL REFURBISHMENT DISTURBED ASBESTOS

    Firm failed to act on well-founded asbestos concerns expressed by employee

    Read the rest of this article »

    Posted on 1st April 2019

    CABLE HIT CAUSED BY LACK OF PLANS AND DETECTION

    Excavation for sign erection struck live electrical cable

    Read the rest of this article »

    Posted on 1st April 2019

    HSE AND THE ‘SECRETS’ OF RISK ASSESSMENT

    hselogo1Regulator advice on successful risk assessment comes at a price

    Read the rest of this article »

    Posted on 1st April 2019

    WORKMAN FELL INTO CAR PARK VENTILATION SHAFT

    Protective grill unsecured and gave way under movement of workman

    Read the rest of this article »

    Posted on 1st April 2019

    BUILDER GIVEN PRISON TERM OVER WORK AT HEIGHT

    Unsafe working platforms and lack of silica dust control punished severely

    Read the rest of this article »

    Posted on 1st April 2019

    HSE WARNING ON SAFE DEMO AND REFURBISHMENT

    TV programme prompts stability guidance for demo & refurb project teams

    Read the rest of this article »

    Posted on 1st April 2019

    VIBRATION RISK UNCONTROLLED FOR TEN YEARS

    Company workers used sanders and air-fed cutting equipment

    Read the rest of this article »

    Posted on 26th March 2019

    BUILDING OCCUPIER FINED £1.8M OVER ROOF FALL

    Two workmen fell 4m through rooflight during leak investigation

    Read the rest of this article »

    Posted on 26th March 2019

    CONSTRUCTION SITE DEATHS SET TO FALL?

    HSE in-year fatality records for 2018/19 suggest significant reduction

    Read the rest of this article »

    Posted on 22nd March 2019

    BRICKLAYER FATALLY INJURED BY FALLING WALL

    Masonry collapsed during concrete back filling operation

    Read the rest of this article »

    Posted on 18th March 2019

    BASIC LADDER SAFETY FAILURES FINED £150,000

    Repair and maintenance firm had no excuse for errors causing injury

    Read the rest of this article »

    Posted on 18th March 2019

    HSE ISSUES REMINDER ON SAFE SCAFFOLD DESIGN

    Recent incidents and high winds prompt warning from regulator

    Read the rest of this article »

    Posted on 12th March 2019

    LORRY DRIVER DIED IN OVERHEAD POWER STRIKE

    Major company failed to communicate precautions to grab arm operator

    Read the rest of this article »

    Posted on 12th March 2019

    ASSESSMENT SHOWED RISK – PRECAUTIONS NOT TAKEN

    Workman seriously injured when falling into open unguarded stairwell

    Read the rest of this article »

    Posted on 1st March 2019

    MAJOR FIRM FAILED TO IMPLEMENT SAFE SYSTEM

    Procedures for safe plant refuelling failed to prevent death of workman

    Read the rest of this article »

    Posted on 26th February 2019

    CLIENT PROSECUTED OVER CONTRACTOR FATAL FALL

    Company breached duty to protect contractors as well as employees

    Read the rest of this article »

    Posted on 26th February 2019

    FOURTEEN YEAR FAILURE TO MANAGE ASBESTOS

    Firm failed to implement asbestos management plan following survey

    Read the rest of this article »

    Posted on 25th February 2019

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