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 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;