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CDM 2015

An outline of the changes and new duties

Background

• CDM implements Council Directive 92/57/EEC of 24 June 1992 on temporary or mobile work sites

• First Regulation 1994

• Re-written and passed into law 2007

• Lord Young and subsequent Lofstedt Report

CDM 2007

• Gold plated the directive

• Role of the CDM-C

• ACOP too long and difficult to follow

• Read by the wrong people and not by the right people

• Explicit competence requirements

CDM 2015

• Consultation document 31 March 2014

• Became law in January 2015

• Comes into effect 6 April 2015

IT IS GOING TO HAPPEN

CDM 2015

• Old regulations were 19 pages long (excluding part 4)

• New regulations 10 pages

• 48 old regulations – 39 new

• New regulations are linear and sequential in layout

• Mirror the life of a project from design through construction

ACOP

• Old ACOP (L144) replaced by 7 Guidance Notes

• Legal status of ACOP

• “This guidance is for those who have legal duties under CDM2015. It explains what they must or should do to comply with the law…”

• New ACOP due April 2016

CDM 2015• Part 1 (Regs 1-3) Commencement,

definitions and application

• Part 2 (Regs 4-7) Client duties

• Part 3 (Regs 8-15) General duties including all other parties

• Part 4 (Regs 16-35) General requirements

• Part 5 (Regs 36-39) including transition

Key elements to securing

construction health and safety

• Apply the general principles of prevention

• Appoint the right people and organisations at the right time

• Provision of information, instruction, training and supervision

• Co-operation, communication and co-ordination

• Consulting workers and engaging with them

General Principles of Prevention

• Avoiding risks where possible

• Evaluating those risks that cannot be avoided

• Putting in place proportionate measures that control them

Part 2

• Clients are organisations or individuals for whom a construction project is carried out.

• 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.

Client Duties

• All clients must make suitable arrangements for managing a project

• Where more than one contractor, appoint a Principal Contractor AND a Principal Designer

• Notify any project lasting 30 days ANDwhere 20 or more persons working at any time, or 500 person days

Clients

• The client has a major influence over the way a project is procured and managed.

• Regulation 7 allows that domestic clients pass their responsibilities onto other duty holders

Part 3

• Contractors and designers must have the “skills, knowledge and experience and, if they are an organisation, the organisational capability, necessary to fulfil the role”

• Replaces explicit competencies detailed in old regulations

• You must take reasonable steps to determine this

Designer Duties• Eliminate, reduce or control foreseeable

risks that may arise during construction and the maintenance and use of a building once it is built

• (Through the design process)

• Provide information to other members of the team to help them fulfil their duties

• Reg 10 applies to overseas designs

Principal Designer• Principal designers are designers

appointed by the client in projects involving more than one contractor

• Plan, manage, monitor and co-ordinate health and safety in the pre-construction phase of a project

• Ensure designers carry out their duties

Principal Designer

• Prepare and provide relevant information to other dutyholders

• Liaise with Principal Contractor to help in the planning, management, monitoring and co-ordination of the construction phase

CPPs and Files

• A construction phase plan (CPP) must be drawn up for all construction projects, regardless of size, by the Principal Contractor or Contractor

• A Health and Safety File must be prepared by the Principal Designer

Principal Contractor

• Principal Contractors are contractors appointed by the client to co-ordinate the construction phase of a project where it involves more than one contractor

• Plan, manage, monitor and co-ordinate the construction phase of a project

Principal Contractor

• Liaise with the client and principal designer

• Prepare the CPP

• Ensure co-operation and co-ordination

• Site inductions and security

• Worker consultation

• Adequate welfare facilities are provided

Contractors

• Contractors are those who do the actual construction work and can be either an individual or a company

• Plan, manage and monitor construction work under their control

• Co-ordinate their activities with others in the project team

• Prepare a CPP if lone contractor

Workers

• Must have “the necessary skills, knowledge, training and experience to carry out the work they will be employed to do”

• Replaces explicit competence requirements

• “Reliance should not be placed on an industry certification card”

Part 5

• Transitional arrangements for existing notifiable projects – 6 October

• > 1 contractor – construction not started client must appoint a PD

• If construction started they may appoint a PD – if not PC must compile Health and Safety File

Schedules

• 1 – Notification details

• 2 – Welfare facilities

• 3 – Particular risks

• 4 – Transitional arrangements

• 5 - Amendments

Appendices

• 1 – Principles of prevention

• 2 – Pre-construction information

• 3 – Construction Phase Plan

• 4 – Health and Safety File

• 5 – Working for Domestic Clients