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

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

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

4. 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

5. 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

6. 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

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

8. 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.

9. 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

10. 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.

11. 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;
Note; Duties of Designers, Principal Contractors and Contractors remain largely unchanged, however the trigger for appointment of PC has changed.

12. CDM 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

13. CDM 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.

14. CDM 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

15. 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

16. CDM 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).

17. CDM 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.

18. CDM 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.

19. 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.

20. 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.

21. 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

22. 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

23. 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.

24. 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.

26. 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

27. 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

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

29. 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

30. 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

32. 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.

33. Questions?

34. 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.

35. 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

36. Need more information?
Principal Safety
Offices in Wimborne, Weston-Super-Mare & Rochdale
HSE
Guidance L
CITB