• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CDM REGULATIONS 2015: NEW DESIGNER DUTIES

    Designers face tougher test under revised CDM Regulations

    Abolition of the CDM Coordinator and introduction of the Principal Designer has received a great deal of attention as the most significant change set to be introduced by CDM 2015.

    A further change which seems to have ‘slipped under the radar’ concerns those defined as ‘designers’ under the new regulations.

    Who is a designer?

    A designer under CDM 2015 will usually be a business rather than an individual.

    The definition of ‘designer’ is very wide and the HSE Legal Guide states:

    “Designers include architects, consulting engineers, quantity surveyors, interior designers, temporary work engineers, chartered surveyors, technicians or anyone who specifies or alters a design. They can include others if they carry out design work such as principal contractors, and specialist contractors e.g. an engineering contractor providing design, procurement and construction management services. Where commercial clients become actively involved in designing in relation to their project, they may also be considered to be designers.”

    What are the designer duties?

    Designers will face the following duties:

    • Check awareness of clients

    The first duty is to be satisfied that the client is aware of the duties owed by the client under CDM 2015.

    • Eliminate foreseeable risk

    The primary duty is that when preparing or modifying a design the designer must take into account the ‘general principles of prevention’ and any pre-construction information to eliminate foreseeable risks to the health or safety of any person carrying out or liable to be affected by construction work.

    In addition, those maintaining or cleaning a structure or using a structure designed as a workplace must also be considered.

    • Reduce or control risk through design

    If it is not possible to eliminate these risks, the designer must take steps to reduce or control the risks through the subsequent design process.

    • Provide information

    Finally, the designer must provide information about the above risks to the CDM Principal Designer and ensure appropriate information is included in the health and safety file.

    Designers must also take all reasonable steps to provide, with the design, sufficient information about the design, construction or maintenance of the structure, to adequately assist the client, other designers and contractors to comply with their duties under CDM 2015.

    So… what is new under CDM 2015?

    The primary responsibility of designers under CDM 2007 is to seek to avoid foreseeable risk during design.

    This current duty is heavily qualified and can be “performed so far as is reasonably practicable, taking due account of other relevant design considerations.”

    Under CDM 2015 the qualification “taking due account of other relevant design considerations” has been removed which has the effect of making the designer duty far more absolute and onerous.

    It will be much easier for the regulator to allege a ‘material breach’ of statute thereby triggering a Prosecution or a Fee for Intervention invoice in respect of the designer.

    What should designers do to comply?

    All CDM 2015 designers should take positive steps to:

    • Review the way they identify and eliminate hazards during design;
    • Consider how the process and outcomes might be improved;
    • Check on the adequacy of information provided with designs; and
    • Be prepared to justify the above to the CDM 2015 project Principal Designer.
    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

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

    Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.

    Posted on 3rd May 2020

    CDM REGULATIONS 2015: GUIDES AND TEMPLATES

    Summary of our advice and tools to aid CDM 2015 compliance

    Read the rest of this article »

    Posted on 21st April 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

    Read the rest of this article »

    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

    Read the rest of this article »

    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

    Read the rest of this article »

    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

    Read the rest of this article »

    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

    Read the rest of this article »

    Posted on 30th March 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

    Read the rest of this article »

    Posted on 24th February 2020

    HSE TO OVERSEE NEW BUILDING SAFETY REGIME

    Government to deliver biggest change in building safety for a generation

    Read the rest of this article »

    Posted on 21st January 2020

    FESTIVE GREETINGS TO ALL OUR READERS

    Read the rest of this article »

    Posted on 20th December 2019

    SELECTED NEWS POSTED RECENTLY ON TWITTER

    PP Construction Safety logo and link to home page [1]Links to other construction health and safety related news reports

    Read the rest of this article »

    Posted on 18th November 2019

    HSE LOOK TO LOCAL AUTHORITIES FOR CDM SUPPORT

    Council Inspectors focus on CDM client duties – asbestos, fragility and RCS

    Read the rest of this article »

    Posted on 14th November 2019

    HSE WELDING FUME REVISED GUIDANCE PUBLISHED

    New research evidence on cancer link prompts revision on welding fume

    Read the rest of this article »

    Posted on 14th November 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 18th October 2019

    HSE RISK REDUCTION THROUGH DESIGN AWARD

    Regulator seeks to promote hazard avoidance and risk minimisation

    Read the rest of this article »

    Posted on 18th October 2019

    HSE START PROJECT HEALTH RISK INTERVENTIONS

    Regulator set to check health risks assessed and controls in place

    Read the rest of this article »

    Posted on 30th September 2019

    AIF NATIONAL WORKING AT HEIGHT CONFERENCE

    HSE Construction Head to speak at Access Industry Forum conference

    Read the rest of this article »

    Posted on 23rd September 2019

    NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK

    New calculator includes “cautious estimates” for common tools

    Read the rest of this article »

    Posted on 23rd September 2019

    IMPROVING CDM DESIGNER HAZARD AWARENESS

    Research explores power of “multi-media digital tool” for design hazards

    Read the rest of this article »

    Posted on 27th August 2019

    DEMOLITION FEDERATION ON RECENT INCIDENTS

    NFDC ‘statement of awareness’ follows unplanned collapses

    Read the rest of this article »

    Posted on 27th August 2019

    RAISING COMPETENCE AND MAKING BUILDINGS SAFER

    Life-safety-critical disciplines urged to act on Interim Report

    Read the rest of this article »

    Posted on 27th August 2019

    BUILDING WORKS COMPROMISED GAS SAFETY

    Company and director fined after work created risk to residents

    Read the rest of this article »

    Posted on 27th August 2019

    HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019

    AIF National Working at Height Conference November 2019

    Read the rest of this article »

    Posted on 6th August 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 23rd July 2019

    CONSIDERING TEMP WORKS IN PERMANENT DESIGN

    Useful overview for civil and structural engineers on contemporary practice

    Read the rest of this article »

    Posted on 23rd July 2019
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data