• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CDM REGULATIONS 2015: LULL BEFORE THE STORM?

    HSE enforcement opportunities enhanced by new regulations

    The CDM Regulations 2015 have been in force for over 9 months and the new framework for construction project management has received a very mixed reception.

    Our CDM 2015 Five Minute Survey revealed a polarisation of experience between those who view CDM 2015 as an improvement and those who believe the regulations are a change for the worse.

    We found a widespread feeling that the Principal Designer role is not working well with a reluctance to accept PD appointments and confusion over what actions the PD is required to take.

    Various discussion forums contain comments suggesting that the new regulations will fail through a lack of HSE enforcement with clients escaping accountability and Principal Designers having even less impact than the former CDM-C.

    The overall negative response can be summed up as “no change” in behaviour.

    More onerous legal duties for all

    Those with responsibilities under CDM 2015 should be wary of any siren voices suggesting that nothing has changed or that the prospects of enforcement have reduced.

    There have been subtle yet critical changes to the legal duties of key players which impose more onerous responsibilities. These are:

    Client

    The key Client duty concerns arrangements for managing the project.

    Under CDM 2007 the client was required to “take reasonable steps” to ensure that the arrangements were suitable. By contrast, CDM 2015 states that the client “must make” suitable arrangements for managing a project. In addition, the client now has legal responsibility for the Pre-Construction Information and notifying projects to HSE.

    Principal Designer

    The CDM-C was required to ensure that “suitable arrangements” were made and implemented for the co-ordination of health and safety measures during the planning and preparation phase.

    By contrast, under CDM 2015 the Principal Designer must “control” the pre-construction phase and “plan, manage and monitor” and coordinate matters relating to health and safety during that phase.

    This is a mirror image of the active control and management duties already placed on the Principal Contractor.

    Designers

    The primary responsibility of Designers under CDM 2007 was to seek to avoid foreseeable risk during design. This duty could be performed so far as is reasonably practicable “taking due account of other relevant design considerations.”

    Under CDM 2015 this qualification is removed from the regulations making the designer duty more absolute and onerous.

    Principal Contractor

    Under CDM 2007 the Principal Contractor was required to plan, manage and monitor the construction phase in a way in which the “construction phase” was carried out without risks to health or safety.

    By contrast, CDM 2015 requires the PC to plan, manage and monitor the construction phase so that the “construction work” is carried out without risks to health or safety. This places the PC even closer to responsibility for front line precautions alongside their sub-contractors.

    Implications for all

    The apparently small changes set out above have significant longer term implications for all dutyholders under CDM 2015.

    HSE resources and priorities are unlikely to result in many proactive enforcement initiatives over the coming months. This could be seen by some as grounds for complacency and under-implementation of the new regulations.

    Such an approach would be unwise. When accidents and incidents occur HSE has made it clear they will follow all lines of enquiry up and down the chain from client to contractor.

    In doing so HSE is now more likely to find, and be able to prove, breaches by all parties where the new duties have not been taken seriously. In this case any current lack of action by HSE may be the lull before an enforcement storm.

    In addition, the existing Fee for Intervention system and the new Sentencing Guidelines could make CDM 2015 complacency a very costly strategy.

    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