Key changes to CDM regulations

The Construction (Design and Management) Regulations 2015 (CDM2015) came into effect on 6 April 2015.  These make significant changes to the CDM Regulations and apply to all construction projects in Great Britain.  Transitional arrangements apply between 6 April 2015 and 6 October 2015, where a project was started before 6 April 2015.  Previously, there were exclusions for small projects or domestic projects but these no longer apply.  They also apply to offshore installations such as wind farm projects.  The only exclusion relates to mineral extraction.

There is a change of focus with regard to responsibility in CDM 2015; more responsibility is placed upon the client to ensure that the construction work can be carried out safely.  

The client must ensure:

1. arrangements are put in place before work commences and are reviewed throughout the life of the project
2. suitable pre-construction information is provided to designers and contractors
3. the sole or principal contractor prepares a construction phase plan before construction work begins
4. the principal designer prepares the health and safety file (if there is more than one contractor).

‘Contractors’ includes sub-contractors in this definition.  Most projects will require a principal designer and principal contractor, and these must be appointed before the construction phase begins.

The Health and Safety Executive (HSE) has to be notified of projects where construction work is to last longer than 30 working days and has more than 20 workers on site at any point, or where construction work is to exceed 500 person days.  Notification has to be made by the client rather than the principal designer.
CDM 2015 applies to domestic clients and so would include people having extensions carried out on their homes.  A domestic client has to provide a safe site for the work, although many of the other duties are transferred to the principal contractor.  Also, if not formally appointed, the principal designer and principal contractor are automatically appointed, depending on the work they are carrying out.

The duties of the principal designer are to:

1. ensure the client knows of the client’s duties under CDM 2015
2. when designing, take into account the principles of prevention and the pre-construction information received from the client or others
3. prepare a design that eliminates foreseeable risks to health and safety, not only in constructing a project but using, cleaning and maintaining it thereafter.

The duties of a principal contractor are to:

1. follow the structure of CDM 2015
2. plan, manage and monitor the construction phase so that construction work is carried out without risk to health and safety
3. carry out the construction works, taking into account the principles of prevention
4. create and maintain the construction and phase plan
5. liaise and consult with workers on the steps being taken to ensure health and safety.

Other parties engaged on the site have duties relating to health and safety on the construction work site.  These are considerably more detailed and anyone working on a site should be familiar with them.  It should be remembered that CDM 2015 is enforced by the HSE by way of criminal proceedings against those in breach.

Peter Allen
01245 453813 
[email protected]