Health and Safety The Construction (Design and Management) Regulations 2015

The Health & Safety Executive (HSE) consultation on the replacement of the CDM Regulations 2007 commenced on 31 March 2014 and ended on 6 June 2014. The new regulations came into force on Monday 6th April 2015. The draft Legal (L) Series guidance was published on 9th January in order to help anyone who has duties under the Regulations to prepare in advance.

 

  1. Removal of the CDMC role and the introduction of a new role of the Principal Designer
    The 2015 CDM Regulations will see the introduction of a new role that of Principal Designer, who will undertake the majority of duties of the CDM Coordinator (Who will no longer exist after October 2015), with the one exception that the Client will be responsible for the collation of relevant pre-construction information and making sure it is communicated to all roles. The role of principal designer could be an organisation providing the Principal Designer role, the architect, clients’ agent, or a project manager.
  2. Domestic clients (homeowners) no longer exempt
    The 2015 CDM Regulations will apply to domestic client projects (homeowners having construction work carried out on their homes), however, domestic Clients have the option to transfer their duties to the contractor or principal contractor (If more than one contractor working on the project). Alternatively, the homeowner may choose to have a written agreement with a principal designer to carry out the duties.
  3. Removal of the Approved Code of Practice (ACOP)
    The HSE have published their guidance which is intended to replace the requirement for an Approved Code of Practice.  In addition CONIAC (Construction Industry Advisory Committee) have issued a set of Industry Guidance for each of the Roles under the 2015 Regulations. (Copies on our web site)
  4. Threshold for Notification Amended
    The current requirement is for notification to the HSE whenever a project is expected to last (a) more than 30 days, or (b) will involve more than 500 person-days of labour. The 2015 Regulations have been amended to align with EU Directive requirements and amend the wording to: “more than 30 working days and more than 20 workers simultaneously”.
  5. Appointment of Duty Holders (Principal Designer & Principal Contractor)
    The Client must formally appointment, soon as is practicable, a Principal Designer and Principal Contractor respectively when there is, or will be, more than one contractor on site and in any event before the construction phase begins.
  6. Replacement of the competency requirements.
    Under the 2015 regulations the explicit competence requirements have been removed and replaced with a requirement for appropriate skills, knowledge and experience.
  7. Transitional arrangements

    A transitional period will run for six months from 6 April 2015 to 6 October 2015.

    For projects starting before 6 April 2015, where the construction phase has not yet started and the client has not yet appointed a CDM coordinator, the client must appoint a principal designer as soon as it is practicable.

    If the CDM coordinator has already been appointed, a principal designer must be appointed to replace the CDM coordinator by 6 October 2015, unless the project comes to an end before then.

BBS Site Services will continue to provide CDM services using the experience gained by our knowledgeable staff. BBS has provided CDM related services across a broad spectrum of construction sectors and will continue to do so by offering:-

 

Client CDM Advisor

The provision of a construction health and safety advisory service to the Client, assisting them in fulfilling their role.
I.e. assisting with the Clients’ brief; selection process; ensuring relevant surveys are commissioned; collation of relevant pre-construction information and making sure it is communicated to all roles; ensuring relevant management arrangements are in place and remain relevant (Site audits); undertake construction phase plan review; manage the notification process; ensure principal designer and contractor comply with their duties; manage the production and issue of the Health and Safety File.

 

Principal Designer

The provision of the Principal Designer role (Direct to Clients).
i.e. co-ordinating the work of others in the project team to ensure that significant and foreseeable risks are managed throughout the design process; discuss the risks that should be addressed during the pre-construction phase; decide on the control measures to be adopted; agree the information that will help in preparing the construction phase plan; ensure that the general principles of prevention are followed; ensuring everyone involved in working on the pre-construction phase cooperates with each other; establish that effective communication is occurring and that information is shared within the project team; assist the client with their duties to provide pre-construction information and advice on the adequacy of information the client already holds and advise on any gaps, assist the Principal Contractor with the preparation of the Construction Phase Plan; preparing the health and safety file, reviewing, updating and revising it as the project progresses.

 

Consultant Principal Designer

The provision Principal Designer consultancy services to designers appointed as Principal Designer
i.e. providing the above services as a nominated sub-consultant to another designer with control over the pre-construction who will be appointed as the "Principal Designer" to fulfil the Principal Designer role on their behalf.

 

Contractors CDM Advisor

The provision of construction advisor to Contractors/Principal Contractors working for Domestic Clients.
i.e assisting them fulfil the Client duties as described above and assist them with the preparation and production of construction phase plan (required for all construction projects including domestic client work); fire plans; risk assessments; method statements; assisting with their legal requirement to provide information, instruction, training and supervision, assisting with workers training needs and assessing against the needs of the job and employers to meet the gap in skills and knowledge through appropriate training.

 

A copy of the HSE Draft Guidance on The Construction (Design and Management) Regulations 2015 can be viewed and downloaded from our Technical Documents page.

 

CDM Regulations 2015 - Workshop

We can tailor the seminars to meet the specific needs of our clients, providing bespoke training solutions for organisations either on site or at a venue of your choice.

For further information, please call 01892 893722 or
email: admin@bbssiteservices.co.uk

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iosh Chartered Safety and Health Practitioner
OSHCR Registered Consultant
smas Worksafe Contractor

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