CDM Regulations

Changes to The Construction Design and Management Regulations

The Construction (Design and Management) Regulations are intended to focus attention on effective planning and management of construction projects. From 6 April 2015 the Construction (Design and Management) Regulations 2015 (CDM 2015) replaced
the 2007 regulations.
The Construction (Design and Management) Regulations 2007 (CDM 2007) are intended to focus attention on effective planning and management of construction projects, from design concept onwards so that health & safety considerations are treated as a normal part of a project’s development, not an afterthought or bolt-on extra. This should in turn reduce the risk of harm to those that have to build, use, maintain and demolish structures.
Companies who do not follow these regulations are more likely to have a dangerous or fatal accident and the finished structure may not be safe to use, safe to maintain and may not deliver good value for money.

The Construction (Design and Management) Regulations 2015 (CDM 2015) replaced the 2007 regulations from 6 April 2015 with
several key changes:
CDM 2015 shall apply to domestic clients
For the first time, CDM 2015 shall apply to both commercial and domestic clients for whom a construction project is carried out.
However, domestic clients will be able to delegate their duties to a contractor or the principal designer.

Changes to notification threshold
Under the CDM 2015, the Health & Safety Executive (HSE) is to be notified about projects that last more than 30 days and have more than 20 workers simultaneously or exceed 500 person-days of activity. This is expected to reduce the number of notifiable projects, and it has become the client’s duty to notify, if appropriate.

Replacement of the CDM Co-ordinator role with the Principal Designer role
The CDM Co-ordinator role will be abolished and replaced with a new Principal Designer role. The Principal Designer will be a member of the design team (most likely the architect) with control over the pre-construction phase of the project and will be responsible for overseeing health & safety management and maintaining the health & safety file (which is currently undertaken by
the CDM Co-ordinator).
As a result the client is given more responsibility which is intended to reflect their ability to set standards for a project and to influence health & safety throughout the life of a project.

Requirement to appoint Principal Designer and Principal Contractor
Clients will be responsible to appoint a Principal Designer and Principal Contractor on projects where there is more than one contractor or if it is reasonably foreseeable that more than one contractor will be working on a project at any time. Business clients that fail to appoint a Principal Designer or Principal Contractor shall be deemed to assume the duties of these roles.

Transitional arrangements
CDM 2015 sets out transitional arrangements for projects that started before 6 April 2015.

Implications
Many of the accidents and claims arising from construction are due to a failure to adequately manage projects. Whilst some of the changes do not impact directly on operational risk control, organisations should ensure that they are familiar with the changes which should also help prevent an invoice for the HSE’s ‘fee for intervention’ service during an inspection.

Further information is available from the HSE website, and a webinar is available from the Institution of Occupational Safety and
Health.