Construction (Design and Management) Regulations 2015

Until April 2015, all construction work was regulated by the Construction (Design & Management) Regulations 2007 (CDM 2007). From April 2015, all construction work is regulated by the Construction (Design and Management) Regulations 2015 (CDM 2015), which incorporate many additions and changes to CDM 2007. As is the case with all Health & Safety legislation, breach of these regulations is a criminal act and may result in fines or, in extreme cases, imprisonment.

This update is intended to illustrate some of the many changes to CDM 2007 which are now applicable under CDM 2015. Much of CDM 2007 has been incorporated into CDM 2015.  The Regulations are available for download on the Health and Safety Executive website.

Safety Concepts can provide training in awareness of CDM 2015, and how to comply with the new legislation.  Please contact us for further details.

You need to know about CDM 2015

You need to know about these regulations if you are:

  • Having construction work carried out on your commercial land or premises (Client)
  • A domestic householder employing contractors to carry out construction work (Client)
  • An architect or designer (Principal Designer)
  • A contractor - for example builder, scaffolder, plumber, electrician - whether you are working for a large company or alone for a domestic client (Contractor or Principal Contractor)

When does CDM 2015 apply?

Construction Work  is defined in the CDM 2015 Regulations as: "the carrying out of any building, civil engineering or engineering construction work and includes but is not limited to:

Construction; Demolition; High Pressure cleaning; Alteration; Dismantling; Telecommunications; Conversion; Site clearance; Landscaping; Fitting-out; Excavation; Renovation; Redecoration; Maintenance; Electrical work; Gas work; Plumbing.


Duties on Principal Designer

There is now no such role as CDM Co-ordinator. The Principal Designer (PD) is now accountable and responsible for all health and safety matters in the project, from planning at the outset, through the construction project, and to preparation of the health & safety file at project completion.

The PD must be competent in and knowledgeable about the general principles of prevention and the contents of pre-construction information and construction phase planning. This includes ongoing construction phase design changes, and the consideration of existing health and safety files.

Among other duties, the PD must be able to carry out risk assessments and gap analyses and to liaise with the Client and Principal Contractor throughout the project on health and safety matters.

These regulations now apply whether the Client is domestic or commercial. The PD must ensure that the domestic client is aware of his client duties. When more than one contractor is involved in a domestic project, it is anticipated that the PD will take on the Client duties in addition to PD duties.

The duties outlined above are examples of duties held under CDM 2015.

Duties on Principal Contractor

Where there is more than one contractor working on a project, one of those contractors must be appointed Principal Contractor.

Principal Contractors also take on the duties of Contractors.

All Principal Contractors, including self-employed single workers carrying out small-scale domestic work, must produce a written Construction Phase Plan, to include all health, safety and welfare arrangements, before the project starts.

The PC must ensure that all people appointed have the skills, knowledge and experience necessary to secure health and safety.

The PC must ensure that consistent health and safety standards apply across the whole project for its entire duration.

The PC must liaise with the Principal Designer and supply information to him that may affect the Pre-construction phase plan.

The duties outlined above are examples of duties held under CDM 2015.


Duties on Client (domestic or commercial)

Anyone, whether domestic or commercial, for whom the Construction Work (see definition above) is carried out, is designated the Client.

The Client must take ownership of the project, though a domestic client may pass duties by default to other duty holders.

The Client is accountable for all decisions regarding all health, safety and welfare issues of the construction project.

The Client is responsible for notifying the Health and Safety Executive of projects where applicable.

Among other duties, the Client must take reasonable steps to ensure that any appointed person has the skills, knowledge and experience necessary to undertake the role given to them in a way that ensures the health, safety and welfare of all people involved.

The Client must maintain and review all health & safety arrangements throughout the life of the project.

The duties outlined above are examples of duties held under CDM 2015.

Duties on Contractor

Contractors working on single contractor projects also take on duties of Principal Contractor.

The Contractor must comply with directions given to them by either the Principal Designer or the Principal Contractor.

The Contractor must not carry out Construction Work (see definition above) unless satisfied that the Client is aware of the duties owed by him under the CDM Regulations 2015.

The Contractor should ensure that he has a sufficient knowledge of Client duties under the CDM Regulations 2015 so that he can give appropriate advice where necessary.

The Contractor must ensure that all workers under his control is in possession of appropriate supervision, instruction and information so that Construction Work can be carried out without risks to health and safety.

The duties outlined above are examples of duties held under CDM 2015.

 


 

This document is for illustrative purposes only and is not intended as an exhaustive guide to the Construction (Design & Management) Regulations 2015.