changes to cdm - 2015 - mynotes medical · changes to cdm - 2015 for clients, consultants and...

© Steel River Consultants Ltd 2015

Steel River Consultants / Logic architecture, Boho One, Middlesbrough

Changes to CDM - 2015for clients, consultants and contractors

April 2015


Agenda

• Introduction

• What is CDM / Why is it changing?

• CDM 2015 and Key Changes

• New duties under the Regulations

• Client

• Principal Designer

• Principal Contractor and Contractors

• Competency

• Transitional Arrangements

• Project Approaches / Examples

• Discussion and Q&A


Introduction

“ Logic architecture have chosen to partner with Steel River

Consultants to satisfy their obligations as ‘Principal Designers’

on all their projects across the Housing, Education &

Commercial sectors"


• 120 unit mixed use regeneration, Middlesbrough - Ironopolis

• 4 x 60 bed Extra cares, Redcar - GallifordTry / Coast & Country

• 320,000sqft retail unit, Middlesbrough

• Major city centre mixed use development, Durham

• 150 Mews houses, North East

• 800 bed Student housing scheme, Durham

• 300 bed student housing scheme, Newcastle

• Mixed Use watersports centre & holiday lets, Durham

• 80 Self build eco village, Durham

• 2 x new house type portfolios - Coast & Country / Broadacres

• 25 ‘Almshouse’ bungalows, East Cleveland - GT & C&C

• 4 storey mixed Use development, Chester Le Street

• Various 10-40 unit infill developments, North East – Gus Robinson

• Dementia day care centre, Redcar – RCBC

• Various bespoke houses, Tees Valley


Currently over 233 projects ranging from Multi Billion Pound Offshore

Windfarm projects to Small Scale Refurbishments

Local projects:-

• Brunswick Methodist Church – modifications

• St Marys & St Thomas Aquinas School

• SSI Redcar Blast Furnace

• Howla Hay Anerobic Digestor

• Various ITV refurbishment projects

• Galley Hill Primary School

• Wydon Park

• Newcastle Exhibition Park

• Sabic – Zeppelin Project

• St Benet biscop Primary School

• SITA Waste Management Projects


• Construction health and safety professionals

• Chartered IOSH practitioners

• Registered Members of Association for Project Safety

• Construction Design and Management

• Preconstruction phase

• Construction phase

• Construction site safety management

• Health and safety auditing and inspection

• Providing independent advice

• Offices across the UK


What is CDM 2015?

Construction (Design and Management) Regulations – refresh:

• Set out the nature and scope of duties for those engaged in the

commissioning, design and delivery of construction work

• Includes arrangements for coordination and cooperation

• Purpose is to ensure health, safety and welfare “on site”

• UK regulations give effect to the Temporary of Mobile Construction

Sites Directive


• Current Regulations were not in line with the original EU Directive

• Possible prosecution from the EU

• Domestic clients were not included

• 2007 regulations went over and above the EU directive with the

inclusion of competency

• Government initiative to reduce red tape within business

• HSE is targeting areas of risk in underperforming elements of the

construction industry

Why the change?


• Managing risk by applying general principles of protection

• Appointing right people and right organisations at the right time

• Everyone has information, instruction, training and supervision to

be safe

• Co-operation and communication between duty holders and co-

ordination of work

• Consulting and engaging with workers

• More straightforward, easier to understand & navigate

• More accessible and relevant to small and medium projects

including domestic

What does the HSE want?


CDM – a reminder why


Reminder – what IS construction work?

“Construction work” means the carrying out of any building, civil engineering or engineering

construction work and includes:

• the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep,

redecoration or other maintenance (including cleaning which involves the use of water or an

abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning,

demolition or dismantling of a structure;

• the preparation for an intended structure, including site clearance, exploration, investigation (but

not site survey) and excavation (but not pre-construction archaeological investigations), and the

clearance or preparation of the site or structure for use or occupation at its conclusion;

• the assembly on site of prefabricated elements to form a structure or the disassembly on site of

the prefabricated elements which, immediately before such disassembly, formed a structure;

• the removal of a structure, or of any product or waste resulting from demolition or dismantling of

a structure, or from disassembly of prefabricated elements which immediately before such

disassembly formed such a structure;

• the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas,

compressed air, hydraulic, telecommunications, computer or similar services which are normally

fixed within or to a structure,

It DOES NOT include the exploration for, or extraction of, mineral resources, or preparatory

activities carried out at a place where such exploration or extraction is carried out;


Definition of what is a “structure”

“Structure” means –

• (a) any building, timber, masonry, metal or reinforced concrete structure,

railway line or siding, tramway line, dock, harbour, inland navigation, tunnel,

shaft, bridge, viaduct, waterworks, reservoir, pipe or pipeline, cable,

acqueduct, sewer, sewage works, gasholder, road, airfield, sea defence

works, river works, drainage works, earthworks, lagoon, dam, caisson, mast,

tower, pylon, underground tank, earth retaining structure or structure

designed to preserve or alter any natural feature, and fixed plant;

• (b) any structure similar to anything specified in paragraph (a);

• (c) any formwork, falsework, scaffold or other structure designer or used to

provide support or means of access during construction work,

and any reference to a structure includes part of a structure


Fixed plant, processes and services

EEF, “The Manufacturers Organisation” has recently reminded its members

what is deemed construction work within CDM. It includes:

• Moving machinery within a factory

• Dismantling a machine for repair or refurbishment

• Creating new working areas by installing structures such as walls, levels or

elevated walkways

• ALMOST ANYTHING involving mechanical, electrical, gas, compressed air,

hydraulic, telecommunications, computer services. This incudes installation,

commissioning, maintenance, repair or removal

• Dismantling existing machinery

• Redesign a factory layout

• Building or dismantling an extension

• Installing new machinery


CDM 2015 – Key changes from 6 April 2015

Principal

Designer role

introduced

Increased Client

responsibility

6 month

transition period

from CDM 2007

CDM Coordinator

role abolished

Removal of strict

competence

guidance

- Appendix 4

Domestic

projects now

included

CDM 2015

L Series

Guidance

from HSE


• New duty holder introduced – the Principal Designer.

• CDM Co-ordinator duty holder removed but not the duties

• Scope of regulations now includes domestic clients

• Notification criteria for construction projects to HSE is amended

• Link between notifications and statutory appointments removed

• Principal Designer and Principal Contractor roles apply to

smaller projects

• Appointment of the two “Principal” duty holders is clearly defined

• More distinction between pre-construction and construction

phases

Key changes from 6th April 2015


Impacts of the changes

• ALL organisations involved in design, construction and

maintenance will be affected.

• The allocation of health and safety related responsibilities has

changed.

• Management of maintenance and small works programmes will

be affected.

• Households undertaking construction will be affected.

• Current CDM ACoP is withdrawn.

• Further guidance will be produce by industry and not by the HSE

• HSE are looking “beyond the site gate”, examining how other duty

holders such as designers and clients have, and can, influence

health and safety standards on site.


Triggers and notification

• Notification of projects – now Client duty

• New criteria - work scheduled to last longer than 30 working

days AND have more than 20 workers working simultaneously

at any point in the project; or

• Exceeds 500 person days

• The notification is now no longer a trigger for additional duties

such as appointments of PD or PC etc.

• A construction phase plan is now required on all construction

project no matter how small

• Where there is more than one contractor, a PD and PC must be

appointed in writing


Notifiable Works – CDM 2007


More than one Contractor – CDM 2015


Client duties


The Client – legal duties

• Must make suitable arrangements for managing a project

(including allocation of sufficient time and resources)

• Must ensure those arrangements are maintained and

reviewed throughout the project

• Notify the HSE (F10) in writing as soon as practicable before

construction starts

• Appoint a Principal Designer / Principal Contractor when more

than one contractor will working at ANY one time

• Appointment must be in writing and as early as practicable

• Must provide pre-construction information to designers &

contractors


Client duties – appointment of duty holders

2007 Criteria• Duty holders, i.e. CDM Coordinator and Principal Contractor are

only appointed for:• Non-domestic projects, which are notifiable i.e. > 30 days on

site, or, >500 person days.

2015 Criteria• In future the duty holders must be appointed in writing where

more than one contractor is expected to work at any time for:• Any project, including domestic

• The project does not have to be notifiable• Projects are notifiable if projects last more than 500 person days,

or more than 30 days with more than 20 workers simultaneously on site

NOTE: If the Client fails to appoint a Principal Designer or Principal Contractor when relevant, The Client MUST fulfil the respective duties


Client - wider responsibility

CDM 2015:• A CDM Client must take “reasonable steps to ensure that the

PC and PD comply with their duties

Versus CDM 2007:• Take “reasonable steps to ensure that the arrangements made

for managing the project….are suitable.”

Client now has wider responsibility:• Increased duties for Clients will be enforced by the HSE in a

similar way to the 2007 regulations.• The HSE policy of charging intervention fees will also apply

where applicable.


Client duties – where there is more than one contractor

• Appoint a Principal Contractor

• Appoint a Principal Designer

• Must take reasonable steps to ensure that the PD and PC comply

with their duties

• Provide the H&S file to the person acquiring a structure if the

dispose of their interest

• Make suitable arrangements where the is more than one client on

a project

• Notify the relevant enforcing authority of certain construction

projects

• There is still a need to ensure competency which can be via

industry accreditation – reg 7 management regs


Client duties – where there is only one contractor

• The Contractor MUST draw up a Construction Phase Plan after 6

April

• The Client MUST ensure that the plan is drawn up for existing

projects as soon as practicable

• The Client MUST ensure that the plan is drawn up before the start

of construction on new projects


CDM 2015 Client Duties


CDM Client Duties

2007 vs 2015


INDG 411:

If you are having work done on your own home, or the home of a family member, and it is not in connection with a business, you will be a domestic client. The only responsibility a domestic client has under CDM 2015 is to appoint a principal designer and a principal contractor when there is more than one contractor.

However, if you do not do this, (as is common practice) your duties as a domestic client are automatically transferred to the contractor or principal contractor. If you already have a relationship with your designer before the work starts, the designer can take on your duties, provided there is a written agreement between you and the designer to do so.

Domestic Clients


CDM and Domestic Clients


Client – HSE guidance

“Most clients, particularly those who only occasionally commission construction work, will not be experts in the construction process and for this reason they are not required to take an active role in managing the work. However, the client is required to make suitable arrangements for managing the project so that health, safety and welfare is secured”.

The arrangements should include:

“How the client will take reasonable steps to ensure that any appointed PD and PC comply with their duties. This could take place at project progress meetings or via written updates”

and

“On larger projects, the client may value an independent review of standards and compliance”


CDM Adviser

Client

Principal Designer

Designers

PrincipalContractor

Contractors

Project Manager

CDM Adviser role


Clients – What you should consider next

• Review and understand your additional Client responsibilities

• Review existing skills and consider training requirements

• Review how Principal Designer competency will be verified

• Amend procurement and contract documentation to reflect the

changes.

• Amend or add to management procedures to ensure compliance

with regulatory requirements


Client – Practical Measures

Arrangements for managing a project:

• Assembling the project team

• Ensuring roles, functions and responsibilities are clear

• Ensuring sufficient resources and time are allocated for each

project stage

• Ensuring effective communication mechanisms for project team

• Ensuring controls in place to ensure designers and contractors

comply with their duties

• Ensure workers have suitable welfare facilities for the duration of

the project


Client – Practical Measures Preconstruction check list

• Are suitable arrangements in place to manage the project?

• Has a schedule of key activities been produced?

• Has sufficient time been allowed for key activities?

• Has the F10 been submitted?

• Has the pre-construction phase H&S plan been developed and

reviewed?

• Are you satisfied that welfare facilities are suitable?

• Have you agreed the format of the H&S file?

• Are you clear about your responsibilities?

• Have you made your formal appointments?

• Have you checked the project team is adequately resourced?

• Has a client brief been issued to the team?

• Has the team been provided with pre-construction information?

• Has project specific H&S advice been sought?


Principal Designer duties


Who/What is the Principal Designer?

As defined in the CDM 2015 Regulations...

The designer appointed to perform their duties under reg 11 & 12 in particular….

“TO CO-ORDINATE THE HEALTH AND SAFETY ASPECTS OF THE PRE-CONSTRUCTION PHASE OF THE PROJECT”


Appointment of the Principal Designer

New Role

• Client duty is to appoint a PD with control over the Pre

Construction Phase

• PD need not remain throughout the life of the construction

phase – though may do so

• If the appointment ends at Pre Construction phase the H&S file

must be passed to the PC who then reviews and updates

Anyone undertaking this role will take on additional

responsibilities which are enforceable in law

• Will they have the specialist skills required?

• Are they competent to take on the role?


Principal Designer Duties More than a CDMC?

• Must plan, manage and monitor the pre-construction phase and

coordinate H&S matters

• Plan work stages and estimate the time required to complete them

• Take account of the general principles of prevention (construction,

maintenance and intended use)

• Ensure other designers comply with their duties

• Ensure cooperation between parties

• Must assist the client in the provision of pre-construction

information and provide to others

• Must prepare the H&S File and ensure that it is reviewed and

updated


Principal Designer Duties Pre-Construction Phase

• Plan, manage, monitor the pre-construction phase.

• Coordinate matters relating to Health and Safety so as to ensure,

as far as reasonably practicable, the project is carried out without

risks to health and safety

• Must take into account the general principles of prevention to

manage risks

• Ensure that all persons working on relation to the pre-

construction phase cooperate with the client, principal designer

and each other

• Ensure that all designers comply with their duties

• Assist the Principal Contractor to prepare the Construction

Phase Plan

• Prepare a Health and Safety File


Principal Designer Duties During Construction

• Liaise with the Principal Contractor for the duration of his appointment and share information relevant to the planning, management and monitoring of construction and the coordination of health and safety matters during construction

• Review, update and revise the File to take into account work and changes

• Identify, eliminate or control foreseeable H&S risks.• Co-operate with everyone working on the project.• Must also take into account the content of the Construction Phase

Plan and any Health and Safety File• Pass the Health and Safety File to the Client.

Note: If the Principal Designer’s appointment concludes before the end of the project the File must pass to the Principal Contractor, who will in turn pass the File to the Client


Principal Designer - Who should it be?

• Who should be appointed as Principal Designer?

• How can this appointment work across multiple disciplines?

• Application on different types of contracts

• Traditional

• Design and build

• Engineering, Procurement & Construction

• What implications could this have on current contracts?

• How will we ensure PD and PC comply with their duties?

• What additional liabilities could be encountered?

• Does a project team have the skill set to carry out the function of

PD? – Architects / M&E Consultants / Structural Engineers

Project Managers

• Can you demonstrate your construction health & safety

knowledge and experience, if you are to be appointed as

Principal Designer?


Principal Designer

PrincipalContractor

Architect

Quantity Surveyor

M&E Engineer

Project Manager

Client / Employer / Specifier

Ecology / Landscape Consultant

Civil & Structural Engineer

Subcontractor

Principal Designer


Principal Contractor &

Contractor duties


Duties broadly unchanged from CDM 2007 however:

• Now a requirement for a construction phase plan for all

construction works no matter how small – HSE draft guidance

contains a schedule of issues

• On single contractor projects – contractor to draft plan

• A PC must be appointed on all works where there is more than

one contractor

• Principal Contractors need to be aware of the transfer of the

domestic client duties to them

• The plan must be prepared by the PC during pre-construction

phase and before site setup

• Consider competence requirements

Principal Contractors & Contractors


Principal Contractor New Duties

In addition to existing duties:

• Liaise with the Principal Designer for the duration of the

designer’s appointment

• Share information with Principal Designer relevant to planning,

management and monitoring during the pre-construction phase

• Share information with Principal Designer relevant to the

coordination of health and safety matters during the pre-

construction phase

• Plan, manage and monitor in particular when design, technical

and organisational issues are being decided

• Pass the health and safety file to the Client in the absence of the

Principal Designer


Competency


Competency - A change of approach

With the removal of the ACoP the competency matrix within

Appendix 4 is also removed.

Regulation 8 frames individual and organisational competence

• “A Designer (including a Principal Designer) or Contractor

(including a Principal Contractor) appointed to work on a project

must have the skills, knowledge and experience and, if they are

an organisation, the organisational capability, necessary to fulfil

the role that they are appointed to undertake, in a manner that

secures the health and safety of any person affected by the

project”


• Competency is still a key requirement

• The industry must decide what competency looks like

• Sensible enquiries should be made about organisational capability

to carry out “the work involved”

• Competency can be assessed in different ways

• Via industry accreditation

• PAS 91, SSIP are “useful aids”

• Additional enquiries that the organisation has a good track

record in terms of experience and health and safety

• Due weight should be given to membership of professional

bodies

Competency - A change of approach


Competency - Those seeking appointment

• Can use third party assessors e.g. SSIP but HSE stress this is not

the only way

• Must be able to demonstrate that individuals have necessary H&S

skills, knowledge and experience


Selecting and working with the PD and PC

• Competency processes (e.g. PAS 91, SSIP, client bespoke

PQQ/tender processes)

• Appoint in writing

• Assemble the pre-construction information and agree with the PD

what is required

• Specify the format and process for compiling the H&S file

• Establish progress meeting schedules for monitoring performance

• Agree how construction phase plan will be checked


Transitional Arrangements

CDM 2015 is effective from 6 April 2015 with a six month transition period to 6

October.

• For projects starting before 6 April 2015, where the construction phase has

not yet started, and the client has not yet appointed a CDM co-ordinator, the

client must appoint a Principal Designer as soon as it is practicable.

• If the CDM co-ordinator has already been appointed, a Principal Designer

must be appointed to replace the CDM co-ordinator by 6 October 2015,

unless the project comes to an end before then.

• During this period, the appointed CDM co-ordinator should comply with the

duties contained in Schedule 4* of the new CDM 2015 Regulations.

* These duties reflect the existing requirements under CDM 2007 for the CDM

co-ordinator rather than requiring CDM co-ordinators to act as Principal

Designers, a role for which they may not be equipped.


Questions & Answers


Guidance documents


Useful Links

Health and Safety Executive• http://www.hse.gov.uk/construction/index.htm

Construction Industry Training Board• http://www.citb.co.uk/health-safety-and-other-topics/health-

safety/construction-design-and-management-regulations/

Steel River Consultants• http://www.srconsultants.co.uk/home/cdm-construction-design-

management-regulations-2015

http://www.hse.gov.uk/construction/index.htm

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/

http://www.srconsultants.co.uk/home/cdm-construction-design-management-regulations-2015


Thank you …

Mark Barlow

[email protected]: 01642 309 307

Graham Tyerman

[email protected]

Tel: 01642 353 506 Mob: 0778 7436657

mailto:[email protected]

mailto:[email protected]

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