Design Risk Management Spotlight on CDM 2015 Gillian Birkby

Topics covered Where are we now – CDM 2007 Where are we going – CDM 2015 Tall buildings BIM Working with other designers Existing buildings

HSWA “2(1). It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees ... The matters to which that duty extends include ... the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health.”

HSWA “3(1). It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”

Where are we now – CDM 2007 Competence: No one to appoint duty holder unless reasonable steps to ensure that person is competent No one must accept an appointment unless they are competent

Where are we now – CDM 2007 Cooperation : Every person who has a duty must cooperate with anyone else involved in the project at the same or an adjoining site. They must also seek cooperation of anyone involved in the project at the same or an adjoining site if that is necessary so that they can carry out their own duties.

Where are we now – CDM 2007 Co ordination: Anyone who has a duty must coordinate their activities with other duty holders to ensure, so far as is reasonably practicable, health and safety for anyone on the site or affected by it.

Where are we now – CDM 2007 Domestic clients – no duties Notifiable – more than 30 days or more than 500 person days of work Multiple clients can appoint one of them

Where are we now – CDM 2007 Designers “No designer shall commence work in relation to a project unless a client for the project is aware of his CDM duties” Avoid foreseeable risks to the health and safety of anyone in preparing or modifying design Eliminate hazards if possible Reduce remaining hazards

Where are we now – CDM 2007 Designers continued Collective rather than individual measures Take account of other relevant design considerations Provide information with design to assist other duty holders

Health warning Final wording of CDM 2015 is not yet published. These slides are based on consultation version of CDM 2015

Where are we going – CDM 2015 Overview Domestic clients have duties CDMC role disappears No mobilisation period Notification changes New role – principal designer

Principal designer – domestic clients PD takes on domestic client duties if client appoints More than one contractor – the client must appoint PD No appointment of PD or principal contractor – first designer appointed deemed to be PD

Principal designer duties Plan, manage, monitor, co-ordinate preconstruction phase to ensure: project carried out without H&S risks assist client in preparing preconstruction information identification, elimination or control SFARP of foreseeable risks to H&S to workers including maintenance/cleaning co-operation of everyone working on the project

Principal designer duties all designers comply with their duties preparation and revision of health and safety file provide pre-construction information liaison with principal contractor

Duties of designers “A designer must not commence work in relation to a project unless satisfied that the client is aware of the client duties under the regulations” What are the client duties?

Client duties Make arrangements for managing the project suitable to ensure that: construction work SFARP without risk to H&S Schedule 2 requirements met (welfare) provide pre-construction information to designers/ contractors Reasonable steps to ensure that these arrangements maintained and reviewed

Client duties - continued Ensure that: principal designer complies with duties principal contractor complies with duties before construction phase, contractor/principal contractor draw up construction phase plan PD prepares H&S file including asbestos information and revises as appropriate and keeps it available pass H&S file to new purchaser

Duties of designers Preparing or modifying design Eliminate SFARP foreseeable risks to H&S of construction works, maintenance/cleaning, using structure as workplace Reduce and control risks through design process Information about risks to PD Ensure appropriate information in H&S file

Duties of designers - continued All reasonable steps to provide information about design, construction or maintenance to “adequately assist” the clients, designers and contractors to comply with CDM duties

All duty holders Co-operate with any other person in relation to a project at the same or an adjoining construction site so far as necessary to enable that person to perform CDM duties

General duties If required to provide information, ensure it is comprehensible and provided as soon as practicable (BIM?)

Appointment of PD and PC Client must appoint in writing as soon as practicable No appointment – client must act as PD and PC

Notification Longer than 30 working days and more than 20 workers at the same time; or Exceed 500 person days Client has duty to notify

Tall buildings

Tall buildings - continued Fit out contractor starting fire Inadequate fire watching Are evacuation lifts the answer? Timber framed buildings

BIM Benefits for FM Reducing repair and maintenance times Collection of bricks or a tiled wall? Using the same language Sharing a model – testing more options

BIM - continued Sufficient client demand? Culture change Effective collaboration Cost? BIM protocol Repair – advance permits Inspection of fire dampers

BIM – the vision “The industry is still very reluctant to work collaboratively. Collaboration is the key to unlock the benefits of BIM. If we share the model and work in line with a common data structure and classification process … the true benefits can be achieved.” (MD of Rapid 5D Limited)

ISBN: 978 1 85946 528 8 https://www.aps.org.uk/shop/product_detail.php?prodID=99

Working with other designers Co-operation is a statutory requirement – CDM Regulations Can BIM make this work?

Existing buildings Previous uses The asbestos survey Understanding the risk

Gillian Birkby Head of Construction Fladgate LLP 16 Great Queen Street | London WC2B 5DG Direct Dial: +44(0)20 3036 7226 Direct Fax: +44(0)20 3036 7726 gbirkby@fladgate.com | www.fladgate.com