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Construction (Design & Management) Regulations 2015

Lee Ainsley Health & Safety Advisor, Stallard Kane Associates Ltd Stallard Kane is a Regional Risk Management practice, specialising in Health & Safety, Employment and HR, Environmental Management and Training. They have advised the construction sector on the new CDM regulations as well as fulfilling the role of CDM Advisor on many notifiable projects Ashley Hutton Liability Risk Consultant, Aviva Risk Management Solutions (CMIOSHDip20SH) Aviva are the UK’s largest general Insurer and leaders in their sector. Their Risk Management information and advice services are dedicated to helping UK businesses management their risk effectively

So What Has Changed? Removal of CDMC Introduction of Principal Designer Construction Phase Plans on ALL Projects Notifiable Projects Competence Criteria Amended Health & Safety Files

This role has now been replaced by the Principal Designer…. One of the biggest changes has been the removal of the CDMC from the 2007 regulations. The main purpose of this role was to ensure that all the information was obtained and flowed freely between those involved in the project. CDM Coordinator

The Principal Designer duties now include: Plan, monitor & coordinate the pre- construction phase; Identify, eliminate or control foreseeable risks; Ensure coordination & cooperation; Provide the pre-construction information; Liaise with the Principal Contractor throughout the works; Production of the Health & Safety File Some Principal Designers may find that these new duties are beyond their current competencies meaning there could be a rise in CDM Advisers. These individuals / Companies will no doubt be previous CDMC duty holders. Principal Designer

Construction Phase Plans are now required on all projects regardless. The plan should be proportionate to the project and the risks involved. No need for war and peace on a simple extension of a property ! The Construction Phase Plan is to be developed by the Principal Contractor on multiple contractor projects or the contractor on single contractor projects. Construction Phase Plans

One of the biggest changes to the regulations is the removal of the domestic client exemption. Effectively, regardless of whether a client is commercial or domestic the project will be notifiable if it meets the notification criteria. This is something completely new for many small contractors who only deal with domestic clients. A project is notifiable if the construction work on a construction site is scheduled to – (a)Last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project; or (b)Exceed 500 person days. Notifiable Projects

Domestic Clients One of the biggest changes is now the inclusion of domestic projects as notifiable under the Regs. This new inclusion however does not necessarily place the duties of the client on the homeowner, these duties are automatically transferred to the Contractor / Principal Contractor / Principal Designer.

The new regulations have removed the specific criteria and put a more general framework in its place. This new requirement is geared more towards information, instruction, training & supervision. Competence Criteria

Health & Safety files are now required on ALL projects with more than one contractor. This also includes domestic projects. The Health & Safety File can be as simple as the manufacturers booklet for the equipment you are installing or the specification for the works. The file does not have to be made complicated by adding unnecessary information. Health & Safety Files

Implications for insurers How does CDM 2015 function alongside other legal standards How will insurers consider and quote for Clients, PDs, PCs, Contractors ? Claims activity in relation to CDM 2007 Would less documentation mean less prospect of claims defence ? How will insurers assess “competence” in a claims scenario ?

Questions ?