Construction Design Management (CDM) regulations have changed and from 6th April 2015 are enforced. The biggest change is associated with the imposing legal obligations for domestic clients.
First you need to establish if your project is Notifiable. Domestic and commercial projects are notifiable to the HSE under CDM 2015 if the construction work on site is scheduled to:
- Works last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project; or
- Exceed 500 person day
If the project is notifiable an F10 form will need submitting to the HSE. The client is responsible for this. The only exception to this is where the client is a domestic client. In these circumstances, the responsibility for notification automatically passes to the contractor (or Principal Contractor where there is more than one). The Principal Designer can assume the responsibility for notification of a domestic project, but only where there is written agreement between the domestic client and the Principal Designer that they will carry out the client duties.
Domestic clients are people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not. Domestic clients are in scope of CDM 2015, but their duties as a client are normally transferred to:
- The contractor, if it is a single contractor project, who must take on the legal duties of the client in addition to their own as contractor. In practice, this should involve little more than what they normally do in managing health and safety risks
- The principal contractor, for projects with more than one contractor, who must take on the legal duties of the client in addition to their own as principal contractor. If the domestic client has not appointed a principal contractor, the client duties must be carried out by the contractor in control of the construction work
If a domestic client has appointed an architect (or other designer) on a project involving more than one contractor, they can ask them to manage the project and take on the client duties instead of the principal contractor. The designer then takes on the responsibilities of principal designer and must have a written agreement with the domestic client, confirming they have agreed (as principal designer) to take on the client duties as well as their own responsibilities.
Client duties include
Make suitable arrangements for managing a project. This includes making sure:
- Other dutyholders are appointed;
- Sufficient time and resources are allocated.
- Relevant information is prepared and provided to other dutyholders;
- The principal designer and principal contractor carry out their duties;
- Welfare facilities are provided.
If you are a commercial client below duties apply to you.
- Make suitable arrangements for managing their project, enabling those carrying it out to manage health and safety risks in a proportionate way. These arrangements include: appointing the contractors and designers to the project (including the principal designer and principal contractor on projects involving more than one contractor) while making sure they have the skills, knowledge, experience and organisational capability
- Allowing sufficient time and resources for each stage of the project
- Making sure that any principal designer and principal contractor appointed carry out their duties in managing the project
- Making sure suitable welfare facilities are provided for the duration of the construction work
- Maintain and review the management arrangements for the duration of the project
- Provide pre-construction information to every designer and contractor either bidding for the work or already appointed to the project
- Ensure that the principal contractor or contractor (for single contractor projects) prepares a construction phase plan before that phase begins
- Ensure that the principal designer prepares a health and safety file for the project and that it is revised as necessary and made available to anyone who needs it for subsequent work at the site
The HSE have provided a useful guide for clients titled need building work done?
If you are a principle contractor and are contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor. You should Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes:
- Liaising with the client and principal designer;
- Preparing the construction phase plan;
- Organising cooperation between contractors and coordinating their work.
And you must ensure:
- Suitable site inductions are provided;
- Reasonable steps are taken to prevent unauthorised access;
- Workers are consulted and engaged in securing their health and safety; and
- Welfare facilities are provided.
If you are a contractors and do the actual construction work and can be either an individual or a company. Contractors should plan, manage and monitor construction work under their control so that it is carried out without risks to health and safety. For projects involving more than one contractor, they should coordinate their activities with others in the project team – in particular, comply with directions given to them by the principal designer or principal contractor. For single-contractor projects, the contractor should prepare a construction phase plan.
Appointing the right organisations and individuals to complete a particular project is fundamental to its success, including health and safety performance. Templeman Design have the right experience to ensure your legal obligations are achieved. As principle designer our we will plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:
- Identifying, eliminating or controlling foreseeable risks;
- Ensuring designers carry out their duties.
- Prepare and provide relevant information to other dutyholders.
A principle design will provide relevant information to the principal contractor to help them plan, manage, monitor and coordinate health and safety in the construction phase. The HSE have provided a helpful guide for managing and monitoring design risk.
CDM 2015 main changes
- A suitable ‘construction phase plan’ is required for any job/project.
- The client must appoint a principle designer and principle contractor if there is more than one contractor.
- The role of CDM-Coordinator’ is replaced with ‘Principle Designer’
- A health and safety file is required if there is more than one contractor
- A requirement to ‘notify’ the work to HSE does not trigger any additional duties