CONSTRUCTION (DESIGN &

MANAGEMENT) REGULATIONS
2015
IDH GROUP

Cardiff 9th of April 2015

An Overview

Martin W Jones MBE,MSc

Construction Health & Safety Consultant
 Housekeeping and Welfare
 Smoking
 Welfare Facilities
 Fire Safety arrangements
 Mobile phones
 Questions
 Course Aims
 The present an overview of the new regulations
 To discuss the transitional arrangements
 To discuss the roles of the duty holders
 To discuss to responsibilities of workers
 To discuss the content of the CPP and Health and
safety file
 To discuss notification of a project
 To discuss transitional arrangements
 A short written test
 To complete a validation questionnaire
 Why?
 CDM R 2007 no longer fit for purpose
 When?

 6th April 2015

 6 month bedding in period and then fully in force 6th Oct 2015

 CDM Coordinators currently engaged in projects will be allowed to continue

as CDMC until a Principal Designer is appointed but in any case the Principal
Designer must be appointed before 6th Oct 2015. The CDMC continues in
accordance with CDM R 2007. He should only re-appoint if he is qualified.
 If prior to the 6th of April a CDMC has not been appointed, then a Principal
Designer must be appointed.
AIM’S OF THE NEW REGULATION
 Maintain or improve worker protection
 Simplify the regulatory package
 Improve health and safety standards on
small construction sites including domestic
 Discourage bureaucracy
 Meet better regulation principles
 Ensure that all involved have responsibilities that
are defined in legislation including workers
 Use industry common terminology and to cater for
non English speakers
 To encourage collaboration and engagement
The Main Changes from CDMR 2007
 Structural simplification of the Regulations
 Removal of the Role of the CDM Coordinator to be replaced by the
Principal Designer
 Reg 5 A Principal Designer and Principal Contractor MUST be
appointed for ALL projects where there is more than one trade
contractor on site.
 Duties under CDM R 2015 are relevant to domestic projects less that
of the “Client” Reg 7
 Reg 12 A Construction Phase Plan is required for ALL projects
 Reg 6 Changes to threshold notification timing Client responsible
 Demonstrating Competence is removed requiring explicit
information of training and information and supervision
 The current ACop will be removed and replaced by a HSE guidance
document L153 & CITB Guidance document [s]
 Information, Instruction and Training requirements (IITS)
Removal of the Role of the CDM Coordinator
replaced by the Principal Designer

When the regulations come into force a ‘Client’ will need to

appoint a ‘Principal Designer’ for all projects involving more
than one contractor (trade contractor) on site at one time. Any
Designers appointed should not carry out any work beyond
initial design unless the ‘Principal Designer’ has confirmed that the
‘Client’ is aware of their duties.

The ‘Principal designer’ will generally be responsible for assisting the

‘Client’ with producing the Pre- Construction Phase planning and the
information in the Pre - Construction Information Pack

The ‘Principal Designer’ Must be appointed in writing

The ‘Principal Designer’ should not carry out work beyond the
design stage unless he can confirm that the ‘Client’ is aware of
his duties
 Principal Designer and Principal
Contractor Appointment
Reg 5 The ‘Client’ MUST appoint a ‘Principal Contractor’ and a
‘Principal Designer’ in writing for ALL projects where there is more
than one Contractor by trade on site. Failure to do so will leave the
‘Client’ responsible for carrying out these duties. Reg 7 excludes the
‘Client’ on Domestic projects.
 Domestic Projects
Domestic Projects involving more than one contractor trade that the
‘Principal Contractor’ will normally assume the duties of the ‘Client’.

The Domestic ‘Client ‘can chose to appoint in writing a ‘Principal

Designer’ to manage the project.

If they do not appoint a ‘Principal Designer’ for the project, the first
designer involved in the project during the Pre Construction phase
will be seen as the ‘Principal Designer’.

When this occurs the ‘Principal Designer’ will be answerable to the

‘Principal Contractor’ in his role as the ‘Client’.

On Projects with one contractor, the contractor assumes the role of

the “Client” and any designers answer to the contractor as such
Construction Phase Health & Safety Plan

Reg 12
Now required for ALL projects

Prepared by the ‘Contractor’ on single contractor jobs

Prepared by the ‘Principal Contractor’ on jobs with more than one trade
contractor. Appendix 3 highlights what should be included.

The information should include the level of detail that is relevant to the
task.
 Threshold for Notification
Regulation 6 - The ‘Client’ will need to submit the F10 for all projects
exceeding 30 days where there are more than 20 or more workers or projects
exceeding 500 man days. This includes domestic projects. This duty can be
delegated normally to the ‘Principal Designer’ but the responsibility still rests
with the “Client” F10 will still be required for domestic projects if it meets the
criteria as a normal job. The ‘Principal Contractor’ or ‘Contractor’ will assume
the responsibility to file as he would assume the role of the ‘Client’.

The F10 will be revised to include additional information in accordance with

CDMR 2015
 ‘Explicit Competence’
‘Explicit Competence’ must now be supported by information training and
supervision. It is not sufficient to suggest competence without additional
Supporting evidence.

The ‘Client’ must now be able to demonstrate that the ‘Principal Designer’,
‘Principal Contractor’ and ‘Designers’ can demonstrate suitable
information, instruction and training and supervision.

Contractors will need to demonstrate the same and those who they
employ, hire or use- (Workers)

Workers must be able to demonstrate Competence, Training, Information

and experience or- Have the ability to do so!
PAS 91
 Removal of the ACop

The current ACop has now be removed and replaced with

A HSE Guidance document L153.

It is further proposed that a mini ACop may be in place produced

by HSE

ACops are considered in legal context as following best practice-

Guidance notes are generally not considered when prosecutions
are brought about by HSE.

CITB have also produced guidance notes for each of the duty
holders and one for workers
 Information Instruction Training &
Supervision (IITS)
Anyone working on any construction project must be able to demonstrate that
they have the capability and the necessary resources to fulfil their legal duties.

That they are suitably qualified and trained to carry out the task and that they
are adequately supervised.

That they produce and provide suitable and relevant information such as Pre
Construction and Construction Health and Safety Plans and Health and Safety
Files.

Evidence of training, experience including tool box talks and inductions will be
highlighted in the Construction Health and Safety Plan.
 Duty Holders
 There are 5 Duty holders and workers.
Guidance Documents are available for all 6
 The Construction (Design and Management)
Regulations 2015

Industry guidance for

Principal designers
This industry guidance has been produced by members of CONIAC
(Construction Industry Advisory Committee)
 Who are the designers
 ‘Designers’ can be architects, consulting engineers, interior designers,
temporary work engineers,
 chartered surveyors, technicians, specifiers, principal contractors and
specialist contractors. (Or anyone who instructs a designer)
 Principal Designers Duties
You Must be appointed in writing by the ‘Client’.

Main duties of the role:

Your role as ‘Principal Designer’ is to plan, manage and monitor
the co-ordination of the pre-construction phase, including any
preparatory work carried out for the project. You must:

 assist the ‘Client’ in identifying, obtaining and collating the pre-

construction information
 provide pre-construction information to designers, principal
contractor and contractors
 ensure that designers comply with their duties and co-operate
with each other
 liaise with the principal contractor for the duration of your
appointment
 prepare the health and safety file. (all projects with more than
one contractor)
Principal Designer for Domestic Clients

Domestic clients are people who have construction work carried out on
their own home, or the home of a family member or another similar project
where there is no commercial interest planned or intended.

When working on a project for a domestic client your role is very similar to
that undertaken for other clients.

Where there is more than one contractor, the first designer involved
becomes the principal designer, unless the client appoints another designer
to the role.

A Principal Contractor on a domestic project may also fulfil the role of the
Principal Designer

On domestic projects, The Clients duties are devolved to the Principal

Contractor or A Principal designer who is appointed in writing classed as
the Principal Designer may be appointed to manage the project
 Qualifications
 The level of qualification will depend on the project
 Ideally someone with a Civil Engineering Degree or
similar (Be mindful of BS5975)
 Would possibly have to satisfy BS5975 if Temporary
Works are involved in the Pre Construction phase.
 Possibly with extensive experience
 Would need a full understanding of the project
 Would need to be familiar with Risk Analysis based on
RAG
 Would need to have full understanding of the duty
holders roles under CDM R2015
 Would need an understanding of other legal constraints
Other Design Considerations

Health Building Note 00-01

General design guidance for
healthcare buildings

March 2014
 EXAMPLE

For example, for a build of a small stud wall to stop draught in a Dental
practice waiting area the builder has appointed an electrician, (two
contractors)

The Client has appointed the builder, and so they are the principal designer
as well as the principal contractor.

In this case, planning and co-ordination for the design could happen
through conversations to understand the work required, including the
potential for using existing electrical supplies.

The health and safety file for this work may include the actual design of the
partition including its fire safety properties and also include a wiring plan.

In this example, the electrician would also have an input in design.

The Construction (Design and Management)
Regulations 2015

IndIustrIndustry guidance for

Industry Guidance for
Clients
 Clients Duties
• In outline, the main duty of the Client is to ensure that the project is
planned and managed safely with due consideration to design at all
stages from pre planning, through the build to the actual use of the
new build.

• To ensure that the project is adequately resourced

• To ensure that the project is allowed sufficient time

• To provide all relevant information to the Principal Designer and

Other duty holders to allow the work to be safely managed

• To ensure that the site is in good order and safe and secure

• To appoint in writing a Principal Contractor and a Principal

Designer in non domestic projects
 Client Duties Contd
 To ensure that a Construction Health and Safety Plan is compiled

 To ensure that those appointed are qualified and capable of fulfilling the roles

 CDM 2015 defines a ‘Client’ as anyone for whom a construction project is carried out.
The regulations apply to both domestic and commercial clients.

 A commercial client is an organisation or individual for whom a construction project

is carried out.

 A Domestic ‘Client’ is one where a place of residence is constructed and has no

commercial connection.

 All projects are subject to CDM Regulations but there is no requirement to appoint
formally a Principal Designer or Principal Contractor. In not doing so the ‘Client’
accepts these responsibilities.
 The Construction (Design and Management)
Regulations 2015

 Industry guidance for

 Contractors

Industry Guidance for

Contractors guidance for
Contractors
 Contractor Duties
Who is a contractor?

A contractor may be an individual, a sole trader, a self-employed worker or a

business who carries out, manages or
controls construction work in connection with a business .

Anyone who directly engages construction workers or manages

construction work is a contractor. This includes companies that use their
own workforce to do construction work on their own premises.

The duties on contractors apply whether their workers are employees, self-
employed or agency workers
 Duties Continued
What contractors have to do?

Manage your work

Co-operate with other duty holders
Consult with employees
Prepare the construction phase plan
Ensure welfare facilities are provided
Ensure a site induction is provided
Ensure the site is secure and in good order
Appoint contractors and workers
Provide the right supervision
Ensure that those who you employ are trained and experienced to
the correct level or have the ability to do so
 Contractors working For Domestic Clients
Domestic clients are people who have construction work carried out on their own
home, or the home of a family member.
When working for a domestic client the duties of the contractor are the same as those
whilst working for a commercial client.

Although CDM2015 applies to domestic clients, their duties as a client are normally
transferred to either:
the contractor on a single contractor project
or
the contractor they choose to appoint as the principal contractor on a projects with more
than one contractor.

Where the domestic client does not appoint a principal contractor, the contractor in
control of the work will be taken to be the principal contractor and take on the client
duties.

The domestic client may, however, choose to appoint a principal designer and enter into
a written agreement for the principal designer to manage the project. When this
happens the designer assumes the client duties.
The Construction (Design and Management)
Regulations 2015

Industry Guidance for

Workers
 Worker Information
 What those who have responsibility for you
should do to ensure that you and your union
safety representatives or other representatives
are involved and engaged in how health and
safety is managed on site
 The responsibilities that you have to ensure
your safety and the safety of others.

 All relevant health and safety information with

emphasis on Health issues
 What should you expect while you are on
site?
 Whether you are working on a large civil engineering project or a
domestic refurbishment, basic standards required under CDM 2015 must
be in place. Some of these are about providing information to workers,
some are about engaging with workers like you, and some are about
providing welfare facilities.
 Site Safety Issues

 You should expect your employer, the contractor or principal contractor to:
  provide information about health and safety to you, including providing a site induction
  ensure that you have the necessary training to work safely and healthily
  consult and engage with you on-site health and safety
  foster a workplace culture of respect and trust. This will result in you and management
having a better understanding of any health and safety concerns that are raised
  provide appropriate supervision, depending on work activities being carried out and the
skills, knowledge and experience of individuals
  make sure that health hazards are managed as well as safety hazards, and that health risks
 are clearly communicated to you, along with the details of control measures
  explain the arrangements for co-operation and co-ordination between your employer and
other contractors explain the arrangements for co-operation and co-ordination between your
 employer and other contractors
  make sure that there are adequate, clean and accessible welfare facilities (such as toilets and
 washrooms) for both men and women
  comply with legal health and safety requirements for construction sites.
 Other Legal Matters
 Consulting and involving you with health
and safety on site
 Training for health and safety representatives
 What information should you give and
receive?
 Information before you start work on
 Site Reporting incidents and near-misses
 Serious and imminent danger
 If English is not your first language
 Providing information on smaller sites
 Continued
 Co-operation and co-ordination
 The construction phase plan
 The principal contractor is responsible for co-
ordinating worker engagement and the details
could be recorded in the construction phase
plan.
 The arrangements in the construction phase
plan must be updated when conditions on site
change and cover all workers, even those who
are only on site for a short time.
 The Construction (Design and Management)
Regulations 2015

 iii

Industry Guidance for

Principal Contractors
 The Principal Contractor
 Set clear health and safety standards, and making sure that
enough time and effort is invested to make these happen

 Make sure that workers are involved and consulted in

matters of site health and safety that could affect them

 Ensure that everyone on site – contractors and workers –

are co-operating effectively on all health and safety
matters.

 Together, these measures will help to ensure that everyone

is kept safe and healthy.
 Continued
 Prepare and monitor the CHSP
 Site Security
 Site Welfare
 Check the competence, training, information
and supervision of contractors
 Organising Liaison with the other stake holders
 On domestic projects you may have to adopt
other CDMR 2015 Duties including Designer-
Client
 Knowledge Skills and Training
 To work safely, everyone working on site needs to be
competent or supervised closely by someone who is.
 Anyone responsible for putting people to work on a
construction site must ensure they have or are in the
process of obtaining the necessary skills, knowledge,
training and experience to carry out the job or task in
hand.
 To gain the necessary skills and knowledge,
appropriate training needs to be provided by your
employer.
 Being competent is not the same as simply being
trained to do a job.
 What do we mean by competent?
 Knowing the job
 Having the right skills through experience and
training
 Knowing your own limitations
 Understand the site specifics
 Understanding what impact you may have on
others
 Understanding the Risk Assessment Process
 Understanding how best to communicate
How do you prove that you’re competent enough to work
on site?

 Training Certificates
 CSCS –CPCS Cards
 Portfolios
 References
 Word of Mouth
 On site Assessments
 For Contractors SSIP-PAS 91
 SMSTS, SSSTS,CSCS H&S tests will include the
revised detail of CDM 2015
What does good practice involve?
 There is a clear commitment to health and
safety
 Workers are involved in health and safety
decisions
 Health and safety is treated as a priority
 Everyone contributes to health and safety
 Health and safety is measured
 Both safety and health risks are managed
 Everyone learns from experience
The Construction (Design and Management)
Regulations 2015

Industry Guidance for

Designers
 Who is a Designer?
 A designer is an organisation or individual that prepares or modifies a design for
any part of a construction project, including the design of temporary works, or who
arranges or instructs someone else to do it.

 ‘Designers’ can be architects, consulting engineers, interior designers, temporary

work engineers, chartered surveyors, technicians, specifiers, principal contractors
and specialist contractors and contractors.

 You could also be carrying out design even if you would normally not identify
yourself as a designer. An example would be if you are a client or contractor
specifying a particular roof system, deciding what size joists to use or selecting a
type of window.

 Manufacturers supplying standardised products for use in any construction project

are not designers. However, the person who selects the product is a designer and
must take account of health and safety issues arising from the installation and use of
those products.
 It is likely that most contractors or principal contractors are involved in design.
 The Construction Phase Health and
Safety Plan
 Now required for all projects including
domestic.

 Contents will be dependant on the level of the

job but must take into account all relevant
health and safety information to make the task
legal in accordance with health and safety law
The Project Health and Safety File
 A health and Safety File must be provided for
all projects with more than one contractor
 Project Health and Safety File should be
compiled by the Principal Designer
 If the Principal Designer has ended his duties,
the task of compiling the file rests with the
Principal Contractor
 The Client will stipulate what is to be included
in the file and the format.
 Transitional Arrangements
 Where a project has not commenced before 6th of
April 2015 and a Principal Designer has not been
appointed.
 Where a project has commenced prior to the 6th of
April and a CDMC has been appointed.

 In all cases, the Principal Contractor and Principal

Designer must be appointed before 6th Oct 2015

 During the transitional period, the duties of CDMC in

accordance with CDMR 2007 will be seen as compliant
with CDMR 2015
 Summary
 April 6th 2015
 October 2015
 5 Duty Holders – plus Workers
 Removal of CDMC
 Inclusion of Principal Designer to prepare on manage the Pre Construction
Information
 CHSP for all projects
 Health and Safety File for all projects with more than one contractor
 Principal Contractor and Principal Designer appointed in writing or Client
accepts responsibility for those roles
 Client is excused certain duties in accordance with Reg 7 Domestic work
 All Project regardless of size are subject to the rules of CDMR 2015
 New rules for F10 must have more than 20 workers
 Additional requirements to qualify credentials and qualifications
 Additional worker engagement and collaboration taking into account females and
foreign workers
 Transitional arrangements
Questions
Group Exercise