1. Evolution or Revolution
CDM
Principal Designer
Evolution or Revolution
CDM Principal Designer: Evolution or Revolution
Presentation to:
Chartered Association of Building Engineers Annual Conference Friday 17th October 2014
Grid Architects Friday 28th November 2015

2. Current Definition of ‘designer’ Intentions of the TMCS Directive
Topics
Current Definition of ‘designer’
Intentions of the TMCS Directive
Intentions of CDM 2007/2015
Headline Changes in CDM 2015
The role of ‘Principal Designer’
Active Management of Risk
Topics
The following topics are covered in this presentation:
Current Definition of ‘designer’
Intentions of the TMCS Directive
Intentions of CDM 2007/2015
Headline Changes in CDM 2015
The role of ‘Principal Designer’
Active Management of Risk

3. Designer (ACOP 2007)
115
Designers are those who have a trade or a business which involves them in:
(a) preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations, and preparatory work; or
(b) arranging for their employees or other people under their control to prepare designs relating to a structure or part of a structure.
Designer (ACOP 2007)
Before looking at the new role of Principal Designer, let us first remind ourselves of the definition of a ‘designer’ in the current Regulations and ACOP (2007). The CDM Regulations take a very broad description which is amplified in Paragraph 116 of the ACOP.
115
Designers are those who have a trade or a business which involves them in:
(a) preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations, and preparatory work; or
(b) arranging for their employees or other people under their control to prepare designs relating to a structure or part of a structure.

4. Designers therefore include:
116
Designers therefore include:
(a) architects, civil and structural engineers, building surveyors, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall responsibility for, any part of the design, for example drainage engineers designing the drainage for a new development;
(b) anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor who insists on specific material or a client who stipulates a particular layout for a new building;
Contd……
Designers (ACOP 2007) Continued
116
Designers therefore include:
(a) architects, civil and structural engineers, building surveyors, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall responsibility for, any part of the design, for example drainage engineers designing the drainage for a new development;
(b) anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor who insists on specific material or a client who stipulates a particular layout for a new building;

5. extinguishing installations;
(c) building service designers, engineering practices or others designing plant which forms part of the permanent structure (including lifts, heating, ventilation and electrical systems), for example a specialist provider of permanent fire
extinguishing installations;
(d) those purchasing materials where the choice has been left open, for example those purchasing building blocks and so deciding the weights that bricklayers must handle;
(e) contractors carrying out design work as part of their contribution to a project, such as an engineering contractor providing design, procurement and construction management services;
Cont’d….
Designers (ACOP 2007) Continued
116
Designers therefore include:
(a) architects, civil and structural engineers, building surveyors, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall responsibility for, any part of the design, for example drainage engineers designing the drainage for a new development;
(b) anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor who insists on specific material or a client who stipulates a particular layout for a new building;
(c) building service designers, engineering practices or others designing plant which forms part of the permanent structure (including lifts, heating, ventilation and electrical systems), for example a specialist provider of permanent fire
extinguishing installations;
(d) those purchasing materials where the choice has been left open, for example those purchasing building blocks and so deciding the weights that bricklayers must handle;
(e) contractors carrying out design work as part of their contribution to a project, such as an engineering contractor providing design, procurement and construction management services;

6. (f) temporary works engineers, including those designing auxiliary structures, such as formwork, falsework, façade retention schemes, scaffolding, and sheet piling;
(g) interior designers, including shopfitters who also develop the design;
(h) heritage organisations who specify how work is to be done in detail, for example providing detailed requirements to stabilise existing structures; and
(i) those determining how buildings and structures are altered, for example during refurbishment, where this has the potential for partial or complete collapse.
Designers (ACOP 2007) Continued
How many of you would consider yourselves designers under one of these definitions ?
Just in case you thought this presentation was not relevant to you – anyone of you could find yourselves appointed as a ‘Principal Designer’
Bearing that in mind let us have a look at the HSE Consultation on the draft Regulations that took place earlier this year.
116
Designers therefore include:
(a) architects, civil and structural engineers, building surveyors, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall responsibility for, any part of the design, for example drainage engineers designing the drainage for a new development;
(b) anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor who insists on specific material or a client who stipulates a particular layout for a new building;
(c) building service designers, engineering practices or others designing plant which forms part of the permanent structure (including lifts, heating, ventilation and electrical systems), for example a specialist provider of permanent fire
extinguishing installations;
(d) those purchasing materials where the choice has been left open, for example those purchasing building blocks and so deciding the weights that bricklayers must handle;
(e) contractors carrying out design work as part of their contribution to a project, such as an engineering contractor providing design, procurement and construction management services;
(f) temporary works engineers, including those designing auxiliary structures, such as formwork, falsework, façade retention schemes, scaffolding, and sheet piling;
(g) interior designers, including shopfitters who also develop the design;
(h) heritage organisations who specify how work is to be done in detail, for example providing detailed requirements to stabilise existing structures; and
(i) those determining how buildings and structures are altered, for example during refurbishment, where this has the potential for partial or complete collapse.

7. HSE Consultation
Consultation Document CD261 issued March 2014 with Responses submitted by 6th June 2014
1427 Responses received by HSE (considered good)
400 responses were from Entertainments Sector Campaign
524 responses were from CDM Co-ordinators
Others included clients, contractors, etc
Only 162 responses from designers
There are Architects on the ARB Register alone
add IStructE, ICE, CIBSE, RICS, CABE, CIOB takes the tally to several 100,000 designers in construction.
In this context 162 seems to indicate a lack on interest/engagement with CDM.
HSE Consultation
Consultation Document CD261 issued March 2014 with Responses submitted by 6th June 2014
1427 Responses received by HSE (considered good)
400 responses were from Entertainments Sector Campaign
524 responses were from CDM Co-ordinators
Others included clients and contractors etc.
Only 162 responses from designers
There are Architects on the ARB Register alone
add IStructE, ICE, CIBSE, RICS, CABE, CIOB takes the tally to several 100,000 designers in construction.
In this context 162 seems to indicate a lack on interest/engagement with CDM.
How many of you responded to the HSE Consultation Document ?

8. 6th April 2015 Implementation Date Implementation Date
The Construction (Design and Management) Regulations 2015 (CDM2015)
Is scheduled to come into force on 6 April Before next General Election.
Revised Draft Regulations and now expected to be published in January 2015, along with the Industry (CONIAC) Guides explaining the responsibilities of each duty holder.

9. Headlines
This is not a full explanation of the CDM Regulations it is purely to highlight the proposed changes
Update
This is not a full explanation of the CDM Regulations, it is purely to highlight the proposed changes as we currently know them. Final draft of the CDM Regulations 2015 is now expected to be released 9th January 2015.

10. European Directive - Infractions
CDM Regulations when introduced in 1994 did not implement fully the European Directive. UK Government has been told it is in breach of the Directive and must implement the measures in full.
Current Infractions relate to :
Exclusion of Domestic Clients – CDM should apply to all clients
Threshold of Applicability – CDM should apply when two or more contractors on site.
Exclusion of domestic clients
Threshold of applicability

11. CDM Co-ordinators need a sound understanding of:
health and safety in construction work;
the design process;
the importance of co-ordination of the design process;
an ability to identify information which others will need to know about the design in order to carry out their work safely.
CDM Co-ordinator
The original Regulations introduced the role of Planning Supervisor – this was envisaged as an additional role for an existing member of the design team and was never intended to spawn a new health & safety professional. However, the design professions failed to take this up and Health & Safety professionals moved in to fill the gap. However, they often did not have a construction background and did not take an active role in the design team. The HSE tried to address this in the 2007 version of the CDM Regulations.
From 2007 it was intended that CDM Co-ordinators would have a more proactive role in the design process and, therefore, need a sound understanding of:
health and safety in construction work;
the design process;
the importance of co-ordination of the design process;
an ability to identify information which others will need to know about the design in order to carry out their work safely.

12. Andy Jobling - Technical Manager, Levitt Bernstein
ARB
1982
RIBA 1982
MaPS 1999
RMaPS 2007
Andy Jobling – Architect / CDM Co-ordinator
Technical Manager, Levitt Bernstein
Registered Architect 1982
Chartered Architect 1982
Planning Supervisor 1999
CDM Co-ordinator 2007
I am that person that was intended in the original 1994 Regulations a design professional who took on a health & safety role. That person going forward will you in the role of ‘Principal Designer’
Architect / CDM Co-ordinator

13. Is now an independent requirement. does NOT trigger CDM duties
Notification
Notification:
Notification no longer is a trigger for CDM Duties. It is an independent activity.
Client Duty 7(2) is to submit F10. (i.e. not duty of Principal Designer)
Notification
Is now an independent requirement.
does NOT trigger CDM duties
Client to submit F10

14. Projects are NOTIFIABLE to HSE if: More than 30 days duration on site
Notification
Projects are NOTIFIABLE to HSE if:
More than 30 days duration on site
and
More than 20 operatives on site or
More than 500 mandays of construction work
Notification:
Projects are NOTIFIABLE to HSE if:
More than 30 days duration on site and
More than 20 operatives on site Or
More than 500 mandays of construction work
This will remove a lot of the smaller sites from the Notification system – those very same sites where the HSE say most of the safety breaches are occurring!
In response the HSE say that they are able to identify small sites by just walking down the street and making on the spot inspections.

15. Construction Work… …not cleaning
Applicability
Construction Work… …not cleaning
Definition largely unchanged, except….
…or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use or corrosive or toxic substances)
Applicability:
Construction Work… …not cleaning
Definition largely unchanged, except….
…or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use or corrosive or toxic substances)

16. All ‘Construction’ Projects All ‘Clients’ including domestic
Applicability
All ‘Construction’ Projects
All ‘Clients’ including domestic
All ‘Designers’
Co-ordination Duties kick in where likely to be 2 or more contractors on site (as EC Directive)
Co-ordination of Pre-Construction Phase by Principal Designer
Co-ordination of Construction Phase by Principal Contractor
Applicability:
All ‘Construction’ Projects
All ‘Clients’ including domestic
All ‘Designers’
Co-ordination Duties kick in where likely to be 2 or more contractors on site (as EC Directive)
Co-ordination of Pre-Construction Phase by Principal Designer
Co-ordination of Construction Phase by Principal Contractor

17. Duty Holders 1994 Regulations 2007 Regulations 2015 Regulations Client
Client’s Agent
(None)
Principal Contractor
(Domestic - default)
Principal Designer
(Domestic - Appt)
Designer
Planning Supervisor
CDM Co-ordinator
Contractor
Integration of H&S
Co-ordination into Design Team
Duty Holders:
Client Duties for domestic clients pass either to the Principal Contractor (default) or Principal Designer (by appointment)
Co-ordination of Pre-construction phase is by Principal Designer to better integrate health and safety into the design team.

18. …‘designer’ in control of the Pre-Construction Phase of the project.
Principal Designer
Who ?
…‘designer’ in control of the Pre-Construction Phase of the project.
Doing what ?
…to plan, manage, monitor, co-ordinate the Pre-Construction Phase
Principal Designer:
Who ?
…‘designer’ in control of the Pre-Construction Phase of the project.
Doing what ?
…to plan, manage, monitor, co-ordinate the Pre-Construction Phase

19. ‘Ensure’ …other duty holders No contractual relationship Not insurable
Principal Designer
‘Ensure’ …other duty holders
No contractual relationship
Not insurable
Health and Safety File… …subsequent appropriate revision from time to time…
Responsibility in perpetuity ?
No handover
Principal Designer:
‘Ensure’ …other duty holders
No contractual relationship
Not insurable
Health and Safety File… …subsequent appropriate revision from time to time…
Responsibility in perpetuity ?
No handover

20. Principal Designer
Duties of a Principal Designer for Health And Safety at the Pre-construction Phase:
9. A principal designer must plan, manage, monitor and coordinate the pre-construction phase of
a project, taking into account the general principles of prevention to ensure —
(a) that so far as is reasonably practicable, the project is carried out without risks to health or
safety;
(b) that assistance is provided to the client in the preparation of the pre-construction
information required by regulation 5(2);
(c) the identification, elimination, or control, so far as is reasonably practicable, of
foreseeable risks to the health or safety of any person—
(i) carrying out or liable to be affected by construction work,
(ii) maintaining or cleaning a structure, or
(iii) using a structure designed as a workplace;
(d) the cooperation of all persons working on the project;
(e) designers comply with their duties in regulation 10;
(f) the preparation and subsequent appropriate revision from time to time of a health and
safety file which must contain information relating to the project which is likely to be
needed during any subsequent construction work to ensure the health and safety of any
person;
(g) the prompt provision of pre-construction information in a convenient form to:
(i) every person designing the structure; and
(ii) every contractor who has been or may be appointed by the client; and
(h) liaison with the principal contractor as appropriate for the duration of the project and in
particular regarding any information which the principal contractor may need to prepare
the construction phase plan or which may affect the planning and management of the
construction work.

21. Client (except Domestic)
Client is deemed to be
the Principal Designer and the Principal Contractor
Client:
The Client (unless domestic) is deemed to be the Principal Designer and the Principal Contractor until the client appoints someone else ! This is to encourage clients to appoint these duty holders earlier in the process.
….until the client appoints someone else !

22. the Client can pass their duties to Principal Designer…
Domestic Client
Client Duties (None)
the Client can pass their duties to Principal Designer…
Domestic Client:
Having given Domestic Clients duties so we comply with the EU Directive, these then pass by default straight to the Principal Contractor.
As an alternative the Domestic Clients can choose to pass their duties to the Principal Designer but has to be a conscious decision / appointment.
….or the Principal Contractor gets these by default !

23. Projects for Domestic Client
1st Appointed Designer = Principal Designer
Defaults
Projects for Domestic Clients:
Defaults:
The Client is deemed to be the CDM Co-ordinator and the Principal Contractor until the client appoints someone else ! This is to encourage clients to appoint these duty holders earlier in the process.
1st Appointed Contractor = Principal Contractor

24. Schedule 2 – Welfare Facilities retained
Construction Phase
Status Quo
Schedule 2 – Welfare Facilities retained
Construction Phase Plan – required on all projects but not reviewed or approved.
Construction Phase:
Status Quo – HSE are happy with the way health and safety is co-ordinated and managed during the Construction Phase so have not changed this.
Schedule 2 – Welfare Facilities retained
Construction Phase Plan – required on all projects but not reviewed or approved. There is a risk that pre-construction information about specific project risks provided with the tender documents is not passed on to the team constructing the project. This was previously picked up when the CDM-C’s reviewed the contractors’ Construction Phase Plans.

25. Health & Safety on Construction Sites
Regulation 17(3)
No timber or other material with projecting nails (or similar sharp
object) shall—
(a) be used in any work; or
(b) be allowed to remain in any place,
if the nails (or similar sharp object) may be a source of danger to any person.
Health & Safety on Construction:
Regulations are a bit too general in some areas and a bit too specific in others !! Why pick out one hazard to put in an Act of Parliament !
Regulation 17(3)
No timber or other material with projecting nails (or similar sharp
object) shall—
(a) be used in any work; or
(b) be allowed to remain in any place,
if the nails (or similar sharp object) may be a source of danger to any person.

26. ACOP – Appendix 4 dropped
Competence
ACOP – Appendix 4 dropped
Reliance on Management of Health & Safety Regulations – implicit requirement to employ competent company/individuals.
Emphasis on information, instruction, training and supervision. (Reg 8)
Competence:
ACOP – Appendix 4 dropped
Reliance on Management of Health & Safety Regulations – implicit requirement to employ competent company/individuals.
Emphasis on information, instruction, training and supervision. (Reg 8)

27. ACOP
Mini-ACOP
Autumn 2015
HSE Approved Code of Practice – Managing Health & Safety in Construction:
The HSE plan was to have no ACOP but rely solely on Industry Guidance. However, following the Public Consultation they have agreed to produce a slimmed down ACOP signposting to other guidance. This will not be available until Autumn 2015 at the earliest.

28. Industry Guidance
HSE have left Construction Industry (CONIAC) to produce its own guidance documents
These are being written now in advance of the regs so could be at variance with final Regs
Legal status unsure ?
Industry Guidance:
HSE have left Construction Industry (CONIAC) to produce its own guidance documents.
These are being written now in advance of the regs so could be at variance with final Regs
Legal status unsure?

29. Transitional Arrangements – CDM Co-ordinator
The new regulations require clients to appoint the Principal Designer as soon as practicable.
So what happens to existing CDM-C Appointments …. ?
HSE have indicated there will be a 6 month Transition Period (for projects in the Construction Phase).
Transitional Arrangements – CDM Co-ordinator:
The new regulations require clients to appoint the coordinator as soon as practicable after the initial design work. If your project is notifiable, has already past the initial design stage and you have not appointed a coordinator when the new regulations come in, you should appoint a one as soon as is practicable. HSE have indicated there will be a 6 Month Transition Period., but only for projects in the Construction Phase. (there was no Transition period in the Consultation Document). This leaves CDM Co-ordinators working on the Pre-Construction Phases of projects vulnerable to having their appointments terminated on 6th April 2015.

30. Principal Designer Co-ordination of Health and Safety through the
Pre-Construction Phase
Principal Designer:
Co-ordination of Health and Safety through the Pre-Construction Phase.
How is this best achieved ?

31. Designers’ Risk Assessment (DRA)
‘It is pointless to complete the design first, then try to address the risks which the design has introduced.’
ACOP Para 126
Designers’ Risk Assessment (DRA):
The HSE have categorically stated that they do not wish to see any more static Designers Risk Assessments
‘It is pointless to complete the design first, then try to address the risks which the design has introduced.’
ACOP 2007 Para 126

32. Hazard Identification and Risk Management
Eliminate
Reduce
Inform
Control
Hazard Identification and Risk Management:
Designers need to take a new approach to health and safety. Through Project Risk Management we are already skilled at identifying threats to the project budget and or/programme. We assess the likelyhood and impact, attach ownership to the threats, plan actions to reduce these and review the risk register regularly to see if the threat has been removed or reduced.
A similar approach can be taken to actively manage health & safety.
Identify Hazards
Assess the risks these pose – likelyhood, impact/severity, numbers of people affected
Attach Ownership – who is currently managing the risk (this can change as the project progresses)
Plan Action to mitigate risk or remove hazard, allocate actions
Take Action to mitigate risk or remove hazard and record action taken
Monitor and review Risk Register and regularly reassess risks
Take further action if appropriate
The design team can manage the risks through the design stage and then pass ownership to the contractor when work starts on site, ensuring that the information is effectively communicated and the new owner is fully aware they are now managing the risk. At Practical Completion ownership of residual risks can pass to the Client and form the body of their Risk Assessment to comply with the Managing Health & Safety at Work Regulations.
The key to this is to ensure that all hazards at all times have an owner who must actively manage the associated risk.
active management of risk

33. Hazard Identification and Risk Management
Eliminate
Reduce
Inform
Control
Reduce paperwork going forward
Project specific information
ask yourself ‘does it reduce risk ?’
Hazard Identification and Risk Management:
The HSE are quite clear that the way to achieve effective communication of health & safety information is to:
Reduce quantity of paperwork going forward
Only forward Project specific information
ask yourself ‘does it reduce risk ?’

34. Active Management of Risk
Identify Hazard
What is Risk
What are Consequences
Who is affected
Allocate Risk Owner
Active Management of Risk:
Levitt Bernstein use of Risk Management Log to actively manage risks. The first steps are to:
Identify Hazards
Assess the risks these pose – likelyhood, impact/severity, numbers of people affected
Attach Ownership – who is currently managing the risk (this can change as the project progresses)
The key to this is to ensure that all hazards at all times have an owner who must actively manage the associated risk.

35. Active Management of Risk
Plan successive actions to reduce risk
Regularly review actions taken
Record actions taken
Active Management of Risk:
Active Management involves:
Plan Action to mitigate risk or remove hazard, allocate actions
Take Action to mitigate risk or remove hazard and record action taken
Monitor and review Risk Register and regularly reassess risks
Take further action if appropriate
Through successive the risks are reduced and the hazard ideally eliminated.

36. Active Management of Risk
If Hazard cannot be eliminated through design state why.
Active Management of Risk:
If a hazard cannot be eliminated through this process, it is helpful to those who have to manage the associated risks subsequently, to state the reasons why it cannot be eliminated. This also acts as an audit trail.

37. Active Management of Risk
State Information needed by Principal Contractor to Manage risk during Construction Phase
Active Management of Risk:
The Risk Management Log signposts the information the Principal Contractor needs to know to manage the risks during the construction phase and contains references/links to other key documents the contractor will need to refer to.

38. Active Management of Risk
State Information needed by Client to manage any residual risk
Active Management of Risk:
At Practical Completion ownership of residual risks pass to the Client and form the body of their Risk Assessment to comply with the Managing Health & Safety at Work Regulations.
The Risk Management Log signposts the information the Client needs to know to manage the risks during the ongoing life of the building and contains references/links to other key documents they will need to refer to.

39. Active Management of Risk
Combined into Risk Management Log with Summary at beginning
Active Management of Risk:
Ideally the Risk Management Log would be a single document for the project covering all design disciplines / contactor / client and any other parties influencing the project.
Individually numbered log sheets are gathered together into a single document with a summary at the beginning……

40. Active Management of Risk
…and Issue Log at the end.
Active Management of Risk:
….and an issue record at the end.

41. Communicate effectively: notes on drawings
Communication
Communicate effectively:
notes on drawings
written information provided with the design
suggested construction sequences
Communication:
It is vital to communicate health & safety information effectively. Architects are good communicators and use a variety of mediums to explain their concepts and design intent to lay clients, building users, occupiers, planning committees, etc. Some of these may be appropriate for communicating important health & safety information. The example shown has been provided by Scott Brownrigg and shows in sketch and note form how it is intended to access and maintain the high level parts of a complex Listed Building.
The HSE message is to communicate effectively using:
notes on drawings
written information provided with the design
suggested construction sequences

42. Communication - Symbols
Some practices are now using symbols on drawings to highlight a hazard or risk activity. This has been kept very simple and follows the Highways and Safety Symbols shape and colour regime. Notes are either placed in the margin of the drawing or symbols refer to other relevant documents.

43. Communication - Symbols
Example of the use of symbols on drawings.

44. Designers’ Initiative on Health & Safety (DIOHAS)
Dissemination of best practice.
DIOHAS (Designers’ Initiative on Health and Safety):
Levitt Bernstein is a founder member of DIOHAS (Designers’ Initiative on Health & Safety) established in 2003 by leading architectural practices to develop and disseminate best practice in regard to CDM and promote a proportionate and practicable approach to health and safety in construction. The group has actively pursued links and engaged with other industry groups to develop shared understanding and a common approach. The group is supported by the HSE who regularly attend and we have been engaged in the consultation on the new regulations.

45. Sub-Consultancy and Criminal Law Professional Indemnity Fees
Possible Issues - Discuss
Competence
Sub-Consultancy and Criminal Law
Professional Indemnity
Fees
Possible Issues:
The Consultation Document raised many questions / issues and we won’t know whether these have been addressed / resolved until we get the Final Draft of the CDM Regulations in Jan 2015.

46. Individual Responsibility
Do not be distracted by a few irresponsible operatives….
….designers can make a difference to the safety and health of building workers.
Individual Responsibility:
Do not be distracted by a few irresponsible operatives….
….designers can make a difference to the safety and health of construction workers….

47. Individual Responsibility
taking construction in its widest sense to include all those who build, clean, repair, maintain, demolish and now also use our buildings as a workplace - we may touch the lives of many thousands of people.
We have a duty to all of those.
Individual Responsibility:
…… taking construction in its widest sense to include all those who build, clean, repair, maintain, demolish and now also use our buildings as a workplace - we may touch the lives of many thousands of people. We have a duty to all of those.
……and if altruism and professionalism are not enough, let us not forget that the CDM Regulations are part of the United Kingdom’s Criminal Law.