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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