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Written by
on 24 November 2014

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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

CDM Regulations 2015 Principal DesignerPart 1 Introduction

Part 2 Client Duties

Part 3 Health and Safety Duties and Roles

  • General
  • Principal Designer
  • Designer
  • Principal Contractor
  • 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.

Domestic Clients

  • 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
  • BUT
  • 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;

About 

A chartered health and safety consultant with 20+ years of experience. David provides how-to articles, advice and guidance to make compliance easier for construction professionals, Architects and the built environment. When David is not helping clients with his unique mix of knowledge and experience, he enjoys being a good dad, a good partner and prefers drinking wine to beer. Known to be good with compliance and a corkscrew. Twitter, Facebook and Linkedin.

A chartered health and safety consultant with 20+ years of experience. David provides how-to articles, advice and guidance to make compliance easier for construction professionals, Architects and the built environment. When David is not helping clients with his unique mix of knowledge and experience, he enjoys being a good dad, a good partner and prefers drinking wine to beer. Known to be good with compliance and a corkscrew. Twitter, Facebook and Linkedin.

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