The re-vamped CDM Regulations 2015 ("the Regulations") will come into force on 6 April 2015 and will apply to almost all construction projects. Transitional arrangements will apply to projects commenced prior to 6 April 2015.
Criminal prosecution may be pursued by the HSE as a result of a breach.
The HSE has produced a guidance note which is available here.
The key changes introduced by the Regulations include:
- The application of the regulations to domestic projects and temporary works
- Abolishing the role of "CDM Co-ordinator"
- The introduction of a "principal designer" to co-ordinate the pre-construction phase
- A shifting of health and safety responsibility on to the client
- Simplifying the assessment of "competence"
The Regulations will apply to all construction work in Great Britain and will not exclude small or domestic projects.
The Regulations allow for one party to assume multiple roles e.g. both contractor and designer, and the client will assume duties before, during and after the construction phase.
The recurring theme is that each duty holder has obligations "to ensure that, as far as reasonably practicable, the project is carried out without risks to health and safety."
So, the client's duties are to "make suitable arrangements for managing a project…";
The principal designer's duties are to "plan, manage and monitor the pre-construction phase…"; and
The principal contractor's duties are to "plan, manage and monitor the construction phase and co-ordinate matters relating to health and safety during the construction phase…"
Client duties
The client has an on-going obligation to take "reasonable steps" to ensure that the other duty holders comply with their obligations. The client must also:
- Provide pre-construction information (e.g. reports, surveys, structural drawings etc.)
- Appoint a "principal contractor" and "principal designer" where more than one contractor will be engaged in relation to the project. This includes the use of sub-contractors
- Ensure that the sole/principal contractor prepares a construction phase plan
- Ensure that the principal designer prepares a health and safety file
- Notify the HSE of any project scheduled to (a) last longer than 30 days and have more than 20 workers on site at any one time, or (b) exceed 500 person days
Where there are multiple clients (e.g. in a Joint Venture), they must agree in writing who is to be treated as the "client".
The duties of domestic clients are minimised so that the client's obligations are transferred to either the contractor or principal contractor, or the principal designer (if one is appointed and the principal contractor agrees).
It is therefore important that clients make it clear, in any appointment documents, who is assuming which roles and duties.
Designer/Principal Designer duties
All designers must ensure that the client is aware of its duties under the Regulations and must carry out their design:
- So as to eliminate foreseeable risk (as far as is practicable)
- Taking into account any pre-construction information
The principal designer controls the pre-construction phase and is responsible for preparing and maintaining the health and safety file. In simple terms, the principal designer must ensure that the project can be built safely.
A key change is the abolishment of the role of CDM Co-ordinator. The issue is who is the best person to fulfill the role of principal designer? Will it fall to the lead designer providing s/he has specific health and safety expertise, will it be sub-contracted to someone who previously operated as a CDM Co-ordinator, or will the principal designer be appointed separately to other designers?
Contractor/Principal Contractor duties
Any person engaged in carrying out, managing or controlling construction work is likely to be classed as a contractor.
Each contractor is responsible for ensuring that its operatives have all the skills, knowledge and training they need, and provide ongoing supervision to them. Contractors must also comply with the instructions of the principal contractor.
The principal contractor must prepare the construction phase plan, with support from the principal designer. This must be completed before setting up the construction site.
The principal contractor's role is to co-ordinate other contractors, provide site inductions, provide welfare facilities, and also liaise with the principal designer.
Specifically, the principal contractor must make and maintain arrangements for the effective co-operation of all workers in order to develop, propose and check health and safety measures.
Summary
The full impact of the Regulations will not be known until they are applied in practice, though one of the key objectives is to ensure that health and safety considerations and risk modelling become part and parcel of the construction industry as a whole and not just as the more "organised" end of the sector. It seeks to do this by removing the domestic client exemptions and introducing a more streamlined set of regulations.
