The Construction (Design & Management) Regulations CDM is Changing Jim McCarthy Terry Wallington

Project (H&S) Management Procedures CDM 2007 & Project (H&S) Management Procedures

CDM (2007) All construction projects Duties, appointments & documentation depend on notification Notifiable (30 days or 500 person days) Construction Health, Safety & Welfare & CDM Combined

CDM 2007 Clients Duties Duties All Projects Notifiable Projects Check Competence & Resources of all Appointees a Ensure Suitable Management Arrangements Ensure Arrangements for Welfare Allow sufficient time and resources for all stages Provide Relevant (pre-construction) Information Appoint CDM Co-ordinator Appoint Principal Contractor Ensure Suitable Construction Phase Plan in Place Provide Information Relevant to H&S File Retain & Provide Access to the H&S File

CDM 2007 Client’s Duties include; Ensure suitable management arrangements are in place ACoP – guidance is to base procedures for non-notifiable works on the procedures the Client has in place for notifiable projects

Notifiable Works CDM Co-ordinator Principal Contractor Make Statutory Appointments CDM Co-ordinator Principal Contractor Initial F10 Submitted Gather & Issue Pre- Construction H&S Information Design Risk Information Existing Environment Principal Contractor Submits H&S Plan for Review Revised F10 Submitted (where necessary Start on Site when H&S Plan is Sufficiently Developed Site Works Complete Issue H&S File

The Construction (Design and Management) Regulations 2015 (CDM15)

The Construction (Design and Management) Regulations 2015 a) The HSE announced a proposal to replace the CDM regulations, it is intended that the new regulations will come into force in April 2015. b) A Consultative document was published (March 2014). Responses to the consultative document were made within the consultation period (June 2014). HSE reviewed the responses and stated that it was their intention to implement the proposals set out in the consultative document albeit with some minor amendments. The new regulations will require changes to be made to how we manage H&S.

Construction (Design and Management) Regulation 2015 HSE’s stated objectives behind the proposed changes:   Maintain or improve worker protection Simplify the regulatory package Improve health and safety standards on small construction sites Implement the Temporary or Mobile Construction Sites Directive (TMCSD) in a proportionate way Discourage bureaucracy Meet better regulation principles

Construction (Design and Management) Regulation 2015 Summary of (main) changes; Regulations apply to all Clients, whether or not a person is acting in the course of furtherance of a business - Domestic Clients now included. If a client is a domestic client, the duties in regulation 4 and 6 will be carried out by the contractor, the principal contractor or the principal designer. The role of the CDM co-ordinator has been omitted and is replaced with the new role of principal designer. Principal designer and principal contractor must be appointed when there is more than one contractor. Notification to HSE no longer triggers duties. Notification to HSE is required when works are of a duration of greater than 30 days and on which more than 20 workers are working simultaneously or exceed 500 person days. Removing the explicit requirement for corporate competence and replacing the explicit requirement for individual competence.

Other points (guidance); HSE Guidance (L153) produced and made available from HSE website Industry Guidance produced and available from CITB website HSE have stated that they intend to provide an ACoP in the future HSE have stated that they intend to provide template CPPs for smaller works HSE and Industry guidance is available from; http://www.hse.gov.uk/pubns/books/l153.htm Note; Duties of Designers, Principal Contractors and Contractors remain largely unchanged, however the trigger for appointment of PC has changed.

CDM 2015 - Key Changes Changes to the threshold for the appointment of Co-ordinators Replacing the CDM Coordinator (CDM-C) with a Principal Designer (PD) Changes to the threshold for notification Changes to how competence will be assessed Domestic Clients now included

CDM 2015 - Key Changes A. Changes to the threshold for the appointment of Co-ordinators Appointment of co-ordinators required wherever there is more than one contractor.  Co-ordinators are now; Principal Designer Principal Contractor.

CDM 2015 - Key Changes B. Replacing the CDM Coordinator (CDM-C) with a Principal Designer (PD) The PD will be responsible for:   Planning, managing and monitoring the pre-construction phase Ensuring that risks are eliminated or controlled through design work Passing information to the Principal Contractor (PC) Ensuring co-operation and co-ordination Ensuring designers comply with their duties Assisting the Client in preparing the pre-construction information Preparing the health and safety file

CDM 2015 - Key Changes Who are or who are likely to be designers?   “Designer” means any person (including a client, contractor or other person) who in the course or furtherance of a business – Prepares or modifies a design or Arranges for or instructs any person under their control to do so relating to a structure or to a product or mechanical or electrical system intended for a particular structure. Note; A designer who is appointed PD may complete the role in-house or may appoint a specialist consultant (similar to now) Client may assume the role and complete the duties where no designer is appointed, or may decide to do so whether or not a designer is appointed, he may assume the role/duties and appoint a specialist consultant PD to complete the works (similar to now) A contractor may be appointed to complete the duties of the PD

CDM 2015 - Key Changes c) Changes to the threshold for notification  Under the CDM15 a project is notifiable if construction work lasts longer than 30 working days AND has more than 20 workers working simultaneously at any point in the project, or exceeds 500 person days.  So in practice it would be possible to have a project on site for say 40 working days with the maximum number of persons on site not exceeding say 12 (max possible 480 person days) or 60 days with 8 workers (max possible 480 person days).

CDM 2015 - Key Changes D. Changes to how competence will be assessed   Specific guidance in regards to the checking of competence was provided in the ACoP to CDM2007. It is not included in L153, instead the new guidance directs Clients to PAS91 and pre-qualification organisations such as members of SSIP.

CDM 2015 - Key Changes E. Domestic Clients   Domestic Clients are in the scope of CDM15 but their duties as a client are transferred to: The contractor, on a single contractor project, or The principal contractor on a project involving more than one contractor However, the domestic client can choose to have a written agreement with the principal designer to carry out the clients duties.

CDM2015 Client Duties; Client must make suitable arrangements for managing a project to ensure; Works are completed without risk to the H&S of any person. Welfare arrangements are provided. These arrangements are maintained and reviewed throughout the project. Client must provide pre-construction information to; Each designer involved in the design. Each contractor engaged by the Client. Client must ensure that; The principal designer and the principal contractor comply with their duties. The Principal contractor (or contractor) produce a construction plan before the construction phase begins. The principal designer prepares a H&S file for the project which; a) includes specified information, b) is revised as necessary, c) is kept available for inspection. Client must pass H&S File to new owner if he disposes of property.

CDM2015 Client Duties (cont); Where there is more than one Client, one of them can elect to be treated as the client for the purpose of the regulations. Where more than one contractor will work on the project at any one time, the client must appoint in writing a; Principal Designer and a Principal Contractor. If the appointments of one or both are not made, the Client must fulfil the roles. The Client must notify the HSE if 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 Exceeds 500 person days. Application to Domestic Clients Regulation 6 does not apply to domestic Clients, (duty to appoint in writing PD & PC). All other Client duties must be carried out by the contractor (or principal contractor if more than 1 contractor) unless the Client has a written agreement with a designer to complete the Clients duties. Also general duties in regards to; Competence of persons appointed, co-operation, reporting anything likely to endanger.

More than one contractor CDM 2015 Clients Duties Main Duties All Projects More than one contractor Check Competence & Resources of all Appointees (general duty) a Ensure Suitable Management Arrangements Ensure Arrangements for Welfare Allow sufficient time and resources for all stages Provide Relevant (pre-construction) Information Ensure Suitable Construction Phase Plan in Place Retain & Provide Access to the H&S File Notify HSE (when necessary) Appoint Principal Designer (in writing) or PD duties assumed by Client Appoint Principal Contractor (in writing) or PD duties assumed by Client Ensure PD prepares H&S File Provide Information Relevant to H&S File for the project Ensure PD & PC carryout their duties throughout the project

more than one Contractor Clients Duties CDM 2007 CDM 2015 Duties All Projects more than one Contractor Check Competence & Resources of all Appointees a Ensure Suitable Management Arrangements Ensure Arrangements for Welfare Allow sufficient time and resources for all stages Provide Relevant (pre-construction) Information Appoint Principal Designer Appoint Principal Contractor Ensure Suitable Construction Phase Plan in Place Provide Information Relevant to H&S File Retain & Provide Access to the H&S File Notify HSE (when necessary) Duties All Projects Notifiable Projects Check Competence & Resources of all Appointees a Ensure Suitable Management Arrangements Ensure Arrangements for Welfare Allow sufficient time and resources for all stages Provide Relevant (pre-construction) Information Appoint CDM Co-ordinator Appoint Principal Contractor Ensure Suitable Construction Phase Plan in Place Provide Information Relevant to H&S File Retain & Provide Access to the H&S File

CDM2015 Principal Designers Duties; Principal Designer must plan, manage, monitor and co-ordinate the pre-construction phase of a project, taking into account the general principals of prevention to ensure; That the project is completed without risks to health or safety. That assistance is provided to the Client to prepare pre-construction information. Identification, elimination or control of risks to the H&S of any person; carrying out or affected by the construction work, maintaining or cleaning the structure, using the structure as a workplace. The cooperation of all persons on the project. Designers comply with their duties.

CDM2015 Principal Designers Duties (cont); Principal Designer must plan, manage, monitor and co-ordinate the pre-construction phase of a project, taking into account the general principals of prevention to ensure; Preparation and appropriate revision of the H&S File. Provision of pre-construction information in a convenient form to all designers and all contractors appointed by the Client. Liaison with the Principal Contractor as appropriate for the duration of the project. In particular in regard to any information required by the Principal Contractor for his construction phase plan.

Notifiable Works (2007) CDM Co-ordinator (DW) Principal Contractor Make Statutory Appointments CDM Co-ordinator (DW) Principal Contractor Initial F10 Submitted Gather & Issue Pre- Construction H&S Information Design Risk Information Existing Environment Principal Contractor Submits H&S Plan for Review Revised F10 Submitted (where necessary Start on Site when H&S Plan is Sufficiently Developed Site Works Complete Issue H&S File

More than 1 Contractor (2015) Principal Designer Make Statutory Appointments Principal Contractor Initial F10 Submitted Gather & Issue Pre- Construction H&S Information Design Risk Information Existing Environment Principal Contractor Submits H&S Plan for Review Revised F10 Submitted (where necessary Start on Site when H&S Plan is Sufficiently Developed Site Works Complete Issue H&S File

CDM 15 Project Duration Project Complexity Existing Information PD & PC Appointment HSE Notification Project Complexity Existing Information Pre-Construction Information Additional PCI PCI full

CDM 15 Project Duration Project Complexity Existing Information PD & PC Appointment HSE Notification Project Complexity Existing Information Pre-Construction Information Additional PCI PCI full Project Complexity Low Risk Construction Phase Plan Medium Risk High Risk

CDM 15 Project Duration Project Complexity Existing Information PD & PC Appointment HSE Notification Project Complexity Existing Information Pre-Construction Information Additional PCI PCI full Project Complexity Low Risk Construction Phase Plan Medium Risk High Risk Project Health & Safety File

Summary of (main) changes; Regulations apply to all Clients, whether or not a person is acting in the course of furtherance of a business - Domestic Clients now included. If a client is a domestic client, the duties in regulation 5, 7, and 8 will be carried out by the contractor, the principal contractor or the principal designer. The role of the CDM co-ordinator has been omitted and is replaced with the new role of principal designer. Principal designer and principal contractor must be appointed when there is more than one contractor. Notification to HSE no longer triggers duties. Notification to HSE is required when works are of a duration of greater than 30 days and on which more than 20 workers are working simultaneously or exceed 500 person days.

Questions?

Construction (Design and Management) Regulations 2015 (CDM 2015): Transitional arrangements When CDM 2015 comes into force on 6 April 2015, there will be a transitional period that will run for six months from 6 April 2015 to 6 October 2015. For projects starting before 6 April 2015, where the construction phase has not yet started and the client has not yet appointed a CDM co-ordinator, the client must appoint a principal designer as soon as it is practicable. If the CDM co-ordinator has already been appointed, a principal designer must be appointed to replace the CDM co-ordinator by 6 October 2015, unless the project comes to an end before then. In the period it takes to appoint the principal designer, the appointed CDM co-ordinator should comply with the duties contained in Schedule 4 to the new CDM 2015 Regulations. These duties reflect the existing requirements under CDM 2007 for the CDM co-ordinator rather than requiring CDM co-ordinators to act as principal designers, a role for which they may not be equipped.

Appendix 1: The general principles of prevention These principles are a requirement of the Management of Health and Safety at Work Regulations 1999 (MHSW) and apply to all industries, including construction. They provide a framework to identify and implement measures which are necessary to control risks on a construction project. The general principles of prevention avoid risks; evaluate the risks which cannot be avoided; combat the risks at source; adapt the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health; adapt to technical progress; replace the dangerous by the non-dangerous or the less dangerous; develop a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment; give collective protective measures priority over individual protective measures; and give appropriate instructions to employees

Need more information? Principal Safety Offices in Wimborne, Weston-Super-Mare & Rochdale info@principalsafety.co.uk 01202 802001 www.principalsafety.co.uk HSE Guidance L152 - http://www.hse.gov.uk/pubns/books/l153.htm CITB http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/