The CDM Regulations 2015 – As they stand today!
The Industry are NOT changing what CDM delivers but changing how it delivers it
- They aim to Focus on Small business
- And The “technical aspects” of the CDM Regulations will not be changing as they are working well.
Significant Structural Simplification
- Radically simplified structure
- Structure mirrors the Construction process (design then construct)
- Half the length (19 pages (excluding Part 4) becomes 10 pages).
The CDM Regulations 2015 index
Part 2 Client Duties
Part 3 Health and Safety Duties and Roles
- Principal Designer
- Principal Contractor
Part 4 General Requirements for Construction Sites
Part 5 General.
Replace ACoP with Industry Guidance
- If ACoP was not removed it would, post Lofsted, be radically cut because it is really largely guidance
- L-Series and Guidance being drafted
- Health and Safety Executive imprimatur
- Specific guidance for small contractors
- Model and Example Construction Phase Plans.
- HSE will now publish a slim approved code of practice (ACoP) after the introduction of the CDM Regulations.
The Regulations will replace CDM-C with ‘Principal Designer
- Embedding the co-ordination function within the project team rather than within the role of an individual (APS FF Apr13)
- Co-ordination of health and safety in the execution phase works well because the Principal Contractor is also managing the works, so
- Co-ordination of health and safety in the preparation stage is to be by the lead designer
- Principal Designer.
- “Principal Designer” means the designer in control of the pre-construction phase appointed under regulation 6(1)(a) to perform the functions in regulation 9;
- “pre-construction phase” means any period of time during which design or preparatory work is carried out for a project;.
The difference with Appointments
CDM2015 Regulation 6(2)
- “If an appointment in accordance with paragraphs (1) (a) or (b), or both is not made, the client must fulfil the unfulfilled role or roles”.
CDM2007 Regulation 14(4)(a)
- The client shall be deemed for the purposes of these Regulations, to have been appointed as the CDM-C for any period for which no person (including himself) has been so appointed;
Key for a Principal Designer
- A Principal Designer must plan, manage, monitor and coordinate the pre-construction phase of a project, taking into account the general principles of prevention to ensure …but
- No one to provide advice and assistance and
- No requirement to deliver HSF
Removal of explicit competence requirements
- “excessively bureaucratic response” (to CDM2007 Regulation 4 and Appendix 4)
- Client to ensure that contractor has Information, Instruction, Training and Supervision
And a change with Competence
- A client must make arrangements for managing a project (including the allocation of sufficient time and other resources) that are suitable for persons with a duty under these Regulations to ensure that construction work is carried out so far as is reasonably practicable without risk to the health and safety of any person
- Safety Systems In Procurement (SSIP) and PAS91 persist.
- Definition changed to remove exclusion of domestic clients
- Domestic clients defined
- For domestic clients, someone else is deemed to be the client
- Any appointed Principal Designer
- The first appointed of designer of contractor
- Domestic Client deemed Principal Designer/Principal Contractor.
Other Client Duties
- Notification of the project (F10)
- Ensure performance of Principal Designer and Principal Contractor
- Reg16 gateway not so clear
- Construction Phase Plans on all projects
- 5(4)(c) A client must ensure that before the construction phase begins the PC/C draws up a construction phase plan.
The Project Notification is Changing (F10)
A project is notifiable if the construction work on a construction site is scheduled to;
- (a) last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project; or (b) exceed 500 person days.
- It’s the Client duty to submit
- Only once?
Appointment Threshold for Coordination Roles
- Where there is more than one contractor or if it is reasonably foreseeable that more than one contractor will be working on a project at any time, the client must appoint in writing as soon as practicable—
- (a) a principal designer …; and
- (b) a principal contractor … .
The Transition Period
- All CDM2007 appointments and documents become CDM2015 appointments and documents
- 36(2) … the client must appoint the principal designer … as soon as is practicable
- HSE now suggesting 6 months grace for existing appointments.
The BIG! Question, Are you prepared?
HSE propose that the CDM regulations should come into force on 6 April 2015.
What are your thoughts on the new CDM Regulations?
As always, please comment below;