The Construction (Design and Management) Regulations 2015 Gary Lewis 20 October 2015

CDM 2015 “The CDM Regs” 2015 version came into force on 6 April 2015

CDM 2015 Here we go again!

CDM 2015 A little bit of history: - CDM Regs 1994 (ACoP) CDM Regs 2015 (Guidance L153)

CDM 2015 Key principles: - PLANNING AND EXECUTION OF CONSTRUCTION PROJECT Design Co-operation Co-ordination

CDM 2015 The primary objective in summary: - “The right information for the right people at the right time” Sequential appointments are a clear attempt to rationalise this objective in practice

CDM 2015 Design aspect Evolution of role holders: - Planning Supervisor (CDM 1994) CDM Co-ordinator (CDM 2007) Principal Designer (CDM 2015)

CDM 2015 The key principles and objectives have remained constant

CDM 2015 What has changed? It was always envisaged that that client should have a pivotal role in terms of the management of a project. This has not always come to pass not least because the regulations allowed the client to delegate responsibility to other role holders. Why is the client important? “The client has a major influence over the way that a project is procured and managed. Regardless of the size of the project, the client has contractual control, appoints designers and contractors, and determines the money, time and other resources available”. “CDM 2015 makes the client accountable for the impact their decisions and approach have on the health, safety and welfare of the project”.

CDM 2015 The client “Any person for whom a project is carried out” If more than one client – one or more of the clients may agree in writing to be treated as the only client or clients. N.B. – Cannot delegate duty to co-operate or provide pre-construction information

CDM 2015 The client Must make sure suitable arrangements for managing the project, including allocation of sufficient time and resource Must ensure arrangements are maintained and reviewed Must provide pre-construction information as soon as practicable to every designer and contractor Where project is notifiable, the client must give notice in writing to the HSE

CDM 2015 The client Must appoint in writing (where more than one contractor on project) A DESIGNER with control over pre-construction phase as PRINCIPAL DESIGNER A CONTRACTOR as PRINCIPAL CONTRACTOR Before the construction phase begins N.B. – if the client does not appoint a PRINCIPAL DESIGNER and/or a PRINCIPAL CONTRACTOR, the client is deemed to be fulfilling the duties

CDM 2015 The client Must take reasonable steps to ensure that the PRINCIPAL DESIGNER (Regs 11 & 12) and PRINCIPAL CONTRACTOR (Regs 12-14) comply with their duties Must ensure that the PRINCIPAL CONTRACTOR has drawn up the construction phase plan before the construction phase begins and keeps it under review Must ensure that the PRINCIPAL DESIGNER prepares the health and safety file for the project and keeps it under review

CDM 2015 Notification Project is notifiable if the construction work is scheduled to: - Last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or Exceed 500 man days N.B. Notification does not give rise to additional duties as before.

CDM 2015 Competence Moved away from the prescriptive formula for assessing competence [designers and contractors] to generic Skills, knowledge and experience

CDM 2015 The Principal Designer Must plan, manage, monitor and co-ordinate matters relating to health and safety during the pre-construction phase, IN PARTICULAR in relation to design, technical and organisational aspects Must take into account the general principles of prevention Must prepare the safety file and keep it under review

CDM 2015 The Principal Designer Must assist the client in the provision of pre-construction information Must provide pre-construction information within his control Must provide the Principal Contractor with all information relevant to the construction phase plan Must liaise with the Principal Contractor during the construction phase

CDM 2015 The Principal Contractor Must draw up construction phase plan Must ensure that the construction phase plan is reviewed, updated and revised Must ensure co-operation and co-ordination as between contractors Monitor the construction activity

CDM 2015 Overview More of the same: - Client is pivotal to management control of the project The design phase is important Sequential appointments should facilitate the timing of information Competence? One step forward, two steps back? Right information/ right people/ right time

CDM 2015 Questions?

Contact Gary Lewis Squire Patton Boggs (UK) LLP Tel: 0161 830 5373 Mob: 07825 204 407 Email: gary.lewis@squirepb.com