The Construction Design and Management (CDM) Regulations 2015 came into force on 6 April and replace the 2007 Regulations. They govern health and safety in construction projects. Some of the main changes affecting 'clients' who are commissioning construction work are:
- Clients' duties
The client must make suitable arrangements for managing a project which ensure that construction work will be carried out without risk to the health or safety of any person affected by the project. The management arrangements must include how clients will ensure that the people and organisations they appoint have the requisite skills, knowledge, experience and capability to manage health and safety risks.
"Suitable arrangements" include:
- assembling the project team
- making their respective roles clear
- ensuring sufficient time and resources for each stage of the project
- putting in place effective mechanisms for communication between team members
- taking steps to ensure that the principal designer and contractor comply with their duties
- setting out steps to be followed to ensure health and safety performance is maintained
- providing suitable welfare facilities for workers
- Principal Designer
Where there is likely to be more than one contractor, the client must appoint the principal designer (this role replaces the CDM Co-ordinator, a role which has been abolished by the new regulations). The principal designer should be appointed as soon as possible so that he can take an active role in collating the requisite pre-construction information, and his appointment should continue for so long as there is a design element required for the project (e.g. where, during construction, issues may arise which can only be rectified by modification of the designs).
- Notification
The project must be notified to the Health and Safety Executive where construction work is expected to last more than 30 days and have more than 20 workers working simultaneously at any point, or where it is anticipated to exceed 500 days.
- Domestic Clients
The 2015 Regulations impose certain obligations on 'domestic' clients, meaning individuals who are having construction work carried out on their own home. For the most part the duties imposed on domestic clients will be carried out by the principal contractor.
- Transitional provisions
Transitional provisions are in place covering contracts which commenced prior to 6 April 2015. However, from 6 October 2015 the provisions of the CDM regulations 2015 will apply to all construction works.
Although the 2015 regulations do not drastically change the rules in the 2007 regulations, they have caused a stir given the additional considerations for clients and the abolition of the familiar role of 'CDM Co-ordinator'.
If you are embarking on a construction project and have any queries in relation to the CDM regulations 2015, please contact our team.
