The HSE have now issued the CDM Regulations 2015.
The legislation has undergone a significant review and there are some major differences between the old and current regulations. These changes are noted as follows:
- The new regulations strengthen the Client’s duties, and the duties become more onerous.
- Domestic Clients will now have duties, which are immediately passed automatically to the sole Contractor or Principal Contractor, unless the Client has actually appointed a Principal Designer to carry out the domestic Client’s duties.
- The Client will need to ensure those appointed (i.e. Designer, Principal Contractor and Principal Designer) can demonstrate appropriate information, instruction, training and supervision. This is a departure from the current explicit competence requirements.
- The notification threshold is changing and the Client will be responsible for notifying the HSE.
- The Client must make sure that a Construction Phase Plan is provided for all projects where more than one Contractor is appointed.
- If a Client does not appoint either a Principal Designer or Principal Contractor, then they will automatically be deemed to be carrying out these roles (and therefore be responsible for all of their duties).
- The Principal Designer and Principal Contractor will be required for all projects where there is more than one trade Contractor.
- Principal Contractor’s duties are extended to coordination of the construction phase in addition to the current duty to “plan, manage and monitor”.
- From 6th April to 6th October there will be a transitional period for active projects already notified.
- The replacement of the CDM Coordinator role with that of a ‘Principal Designer’ from the 6th of April 2015.
Are you ready for the changes under the new CDM Regulations 2015?
As a multi-disciplinary practice, we have the skills and expertise to provide ongoing CDM advice and will continue to work with our Clients throughout the transition and beyond to aid the compliance with their enhanced duties and subsequent liability placed upon them by the revised Regulations.
The new regulations see Client’s duties strengthened; the removal of the standalone CDM Coordinator function and the introduction of Principal Designers continuing to demonstrate effective CDM coordination and health and safety, remaining a key consideration within the construction industry.
The new responsibilities will require access to competent construction health and safety advice to comply with statutory responsibilities and to ensure Principal Designers and Principal Contractors are carrying out their duties. The new ‘Principal Designer’ will largely undertake the existing CDM Coordinator functions and be responsible for planning, managing, monitoring and coordination of the preconstruction phase.
How can we help?
Where we are appointed as a Designer, we can act as Principal Designer. Our design knowledge and health and safety expertise ensure that we can undertake this role with ease.
Health and Safety Adviser
We can offer a CDM advisory service to help with the enhanced Client duties.
- Assist with notifying the HSE of project particulars.
- Ensure a Health and Safety File is provided by the Principal Designer.
- Ensure the Pre-Construction Information is prepared by the Principal Contractors,
- Ensure minimum health and safety standards are maintained.
- Prepare/provide Pre-Construction Information.
- Ensure duty holders comply with duties.
- Assist in the appointment of the Principal Designer and Principal Contractor.
Our CDM team can work with design consultants to discharge duties under the new regulations.
We can offer this on the same basis as if we were the Principal Designer, or simply provide advice.
We would be pleased to work with you and provide advice on the new Regulations and their implications. Please contact Peter Smith ([email protected]) or Paul Deakin ([email protected]), for more information.