Director’s Briefing

May 2024

Construction (Design and Management)

Regulations 2015 – CDM2015
The Construction (Design and Management) Regulations 2015 (CDM) are the main set of regulations for managing the health, safety and welfare
of construction projects.
CDM2015 applies to all building and construction work and includes domestic, new build, demolition, refurbishment, extensions, conversions,
repair, decoration, work on fixed installations and maintenance.

Summary of main duties

Client CDM roles
A client has responsibility to make suitable arrangements for safely managing A Client is an organisation or individual having a

a project. The duties of domestic clients are automatically passed to other duty construction project carried out. They may be:

holders unless they make arrangements. But for commercial clients the duties • a commercial client i.e. one having work carried
include: out in connection with a business, whether for profit

• Notifying the HSE of certain larger projects (where construction work is or not, or

scheduled to last longer than 30 working days and have more than 20
workers working simultaneously at any point, or, exceed 500 person days).
• Preparing a client brief and pre-construction information.
• Drawing together a competent project team.
• Appointing a Principal Designer and Principal Contractor for projects
involving more than one contractor and taking reasonable steps to ensure
that they comply with their duties.
• Ensuring that sufficient time and resources are allocated.
• Ensuring that welfare facilities are provided throughout the project.
• a domestic client: who is having construction work
carried out on their home, or the home of a family
member, not connected with any business.
A designer is an individual or organisation who pre-
pares or modifies designs for any part of a construction
project or who instructs someone else to do it.
A Principal Designer must be appointed by the Client
for projects which involve more than one contractor,
and must plan, manage and monitor the pre-construc-

• Ensuring that a Construction Phase Plan is drawn up by the Principal tion phase of the project.

Contractor before the construction phase begins. A contractor is the individual or organisation which

• For projects involving more than one contractor, ensuring that a health manages construction work or directly engages
and safety file is prepared by the Principal Designer and is then kept and construction workers. The role includes companies
maintained for future use. who engage their own in-house workforce to undertake

• It should be noted that there are also requirements under the Building construction work.

Regulations for a Client to appoint a Principal Designer and Principal A Principal Contractor must be appointed by the
Contractor. These can be but do not have to be the same parties as Client to plan, manage, monitor and co-ordinate health
appointed under CDM. and safety during the construction phase of a project if
Designer the project involves more than one contractor.

The designer’s role under CDM when preparing or modifying designs is to A worker is an individual working for or under the
eliminate, reduce or control foreseeable risks that may occur during construc- control of contractors on a construction site.
tion or maintenance of a building or its subsequent use as a workplace (where
applicable). They must ensure that designs for workplaces meet the require-
ments of the Workplace (Health, Safety and Welfare) Regulations 1992.
The designer also provides information to other members of the project team to help them fulfil their duties and coordinates with other designers
involved in the project.
Principal Designer
The Principal Designer (PD) appointed under CDM is responsible for planning, managing, monitoring and coordinating health and safety in the
pre-construction phase of a project. This includes coordinating the work of designers in identifying, eliminating or controlling foreseeable risks and
ensuring that any designers they appoint are competent in their health and safety duties. The PD assists the client in the development of pre-con-
struction information and ensures it is circulated to all parties.
For the duration of their appointment, the PD liaises with the Principal Contractor to help in the planning, management and monitoring of the health
and safety in the construction phase. This includes assisting the Principal Contractor in preparing the Construction Phase Plan by providing them
with any relevant information. The role also includes compilation of the health and safety file.
The PD also liaises with the PC during the construction phase keeping them informed of any risks that need to be controlled during the construction
phase.
Construction (Design and Management) Regulations 2015
– CDM2015
Summary of main duties (cont.)
Contractor

The contractor’s duties under CDM are to:

• Plan, manage and monitor construction work under their control so that it is carried out, so far as is reasonably practicable, without risks to
health and safety.

• Ensure anyone they appoint has the skills, knowledge and experience to carry out the work safely.

• Provide information and instruction to workers, including a site induction and emergency procedures (unless these are provided by a Principal
Contractor).

• For projects involving more than one contractor, co-ordinate activities with others in the project team, comply with directions given to them by the
Principal Designer or Principal Contractor and comply with the parts of the Construction Phase Plan relevant to their work.

• For single contractor projects, prepare a Construction Phase Plan.

• Not commence work until satisfied that the client is aware of their duties under CDM2015.

• Ensure that welfare facilities are provided for their workers and that reasonable steps have been taken to secure the site from unauthorised
entry.

• Fulfil the duties of designer when applicable including when designing temporary works subject to adequate competence commensurate with
complexity and consultation (when required) with other relevant duty holders such as Principal Designer.

• Take on the domestic client’s health and safety duties unless the client has made other arrangements.

Principal Contractors

The Principal Contractor’s (PC) duty under CDM is to provide leadership and coordination of site health and safety. In particular the PC must:

• Plan, manage, supervise, monitor and coordinate health and safety in the construction phase of a project. This includes ensuring that: suitable
site inductions are provided; reasonable steps are taken to prevent unauthorised access; workers are consulted and engaged in health and
safety matters; and welfare facilities are provided.

• Liaise with the client and PD.

• Prepare the Construction Phase Plan, keep it up to date and ensure that it is followed.

• Not commence work until satisfied that the Client is aware of the duties owed by them under CDM2015.

• Ensure anyone they appoint has the skills, knowledge and experience to carry out the work safely.

• Organise cooperation between contractors and coordinate their work.

• Liaise with other Principal Contractors and others on neighbouring premises.

• Draw together information needed for the health and safety file and pass it to the PD.

If the PD’s appointment finishes before the end of the project, the Principal Contractor takes on the responsibility for reviewing and updating the
health and safety file and passing it to the client when the project ends.

The PC may also take on the duties of a domestic client, if they are appointed by the client as Principal Contractor.

Workers

As people working for or under the control of contactors on a construction site, workers have duties as well as their employers. For example, work-
ers must cooperate with their employer, fellow workers, contractors and other duty holders. Be consulted about matters which affect their health,
safety and welfare and report anything they see which is likely to endanger their own or others health and safety.
Construction (Design and Management) Regulations 2015
– CDM2015

CDM2015 – the Construction Phase Plan

• A Construction Phase Plan is required for all projects involving construction work of whatever scale and even if there is only one contrac-
tor. Thus internal redecorating of an office or installing additional IT cabling, falls within the definition of construction work and will require
a Construction Phase Plan.

• The Construction Phase Plan must set out the arrangements for securing health and safety for the period during which construction
work in a project is carried out.

• The CITB has produced guidance for duty holders and also a CDM wizard which can be used on simple construction projects to quickly
produce a Construction Phase Plan (www.citb.co.uk).

• The Health and Safety Executive (HSE) have produced a guidance document ‘what you need to know as a busy builder’ which includes
a template for simple projects https://www.hse.gov.uk/pubns/cis80.

• Clients must ensure that a Construction Phase Plan is drawn up by the contractor (or Principal Contractor, in the case of projects
involving more than one contractor).

Enforcement example
Cases under CDM2015 have now begun to reach court. Most notably the owner of a block of flats was fined £200,000 after failing to appoint a
Principal Contractor, thereby taking on those duties himself. When work was carried out on the site unsafely he was found responsible. As a result
of the increased requirements of CDM2015, it is anticipated that Clients will find themselves in court more frequently than under the previous CDM
Regulations.

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