The CDM 2015 Regulations came into force on 6 April 2015.
See attached link to the regulations and HSE Legal (L) series guidance L153 (fee download).
Industry guidance has been published by CITB including guidance for each duty holder (Clients, Principal Designers, Designers, Principal Contactors, Contractors and Workers).
Some of the Key changes
More emphasis on client as head of supply chain to set standards throughout the project. Note with the proposed changes to sentencing guidelines and the HSEs increased use of Fees For Intervention it is imperative that clients have suitable CDM management arrangements in place from the start of a project. Failure to do so could leave the client (and the project team) seriously exposed to the risk of fines and prosecution.
Principal designer to be appointed with duties which include ensuring that all designers are fulfilling their duties to eliminate risks during construction, maintenance and end use.
The formal CDM coordinator role is removed with responsibilities for duties previously associated with the CDM-C transferred to the client and principal designer.
Principal designer and principal contractor must be appointed for all projects (including those for domestic clients) on which there is more than one contractor appointed. If the client doesn’t make the appointments the Client will be responsible for carrying out the duties.
For domestic clients, the contractor (1 contractor) or principal contractor (>1 contractors), will be expected carry out the clients duties unless there is a written agreement that the principal designer is to fulfil the duties.
A construction phase plan is required for all projects even if there is only 1 contractor.
Changes to notification thresholds. Notification of the project to the HSE will not be the trigger for appointing the principal designer and principal contractor. Notification to the HSE and other regulatory bodies where applicable will only be required if the works are to last 30 working days AND have more than 20 workers working simultaneously; or alternatively if the construction work exceeds 500 person days.
There are transitional provisions within the new regulations so that if a CDM-C was appointed before 6 April 2015 the appointment can continue until 5 October 2015 when a principal designer appointment must be made and the CDM-C appointment will cease. Note there will be new duties on the client that will also need to be discharged.
Explicit competence requirements replaced by requirements for individual skills, knowledge and experience and organisational capability. For most projects the principal designer and principal contractor appointments will be for a company rather than an individual.
Note: CDM capability should be assessed using Safety Schemes in Procurement (SSiP) certification or alternatively by checking CDM capability against the HSE core competence criteria as set out in PAS91 (construction pre-qualification standard). Under the Management of Health and Safety at Work Regulations as well as CDM there remains a requirement for companies to appoint competent persons to assist them in fulfilling their duties. The client and principal designer can appoint a ‘CDM adviser’ to assist if necessary. The Association for Project Safety have prepared Forms of Appointment for CDM Adviser to client and Adviser to principal designer that include detailed schedules of service.
Our Project Safety team are able to provide CDM advice and support services to assist Clients and Principal Designers in fulfilling their duties as well as continuing to provide our contractor support services.
Our staff are qualified to the highest level and strategically placed within our network of offices across the UK. We have the expertise, resources and commitment to ensure you meet the needs of your business. Our team from a variety of design and construction backgrounds includes Registered Members and Fellows of the APS, Chartered Members of the Institution of Occupational Health and individuals on the Occupational Safety and Health Consultant Register. https://www.aps.org.uk/.
Client and Principal Designer Support Services – see links below: