CDM Regulations 2015AECOM Health and Safety Consulting

Euan McKie BSc(Hons) RFaPS CMIOSH MIIRSM ICIOB MIIAI

Allan Dick BSC RMaPS CMIOSH

CDM 2015 – Where have we come from….?

» Prior to implementation of CDM2007 - Early Day Motion in Parliament – required a review of new Regulations after 3 years

» Subsequent reviews of CDM 2007 including Frontline Report (RR920) – 2012, CONIAC CDM Evaluation, then Loftsedt review of H&S Regulations and the Red Tape Challenge.

‘ Key themes from all of this…..» CDM 2007 represents a significant improvement on CDM 1994…» Competence …a great deal required to address bureaucracy and multiple

accreditation schemes…» Effective delivery of CDM required…..

» Under implementation of the EU Directive / potential infraction proceedings

» CDM 2015 Consultation Process started...........

CDM 2015 – Timetable…

» January 2015 - ‘Draft’ L Series guidance published.......

» Industry guidance published (no legal status)

» ‘Final’ L Series guidance now published – L153

» CDM 2015 came into force on 6th April 2015

» Six month transition period until October 2015

Additionally, the following guidance / APP’s have also been made available;

• CDM 2015 Short Guide for Clients – INDG 411

• Construction Phase Plan (CDM2015) Busy Builder Sheets (2 Page) – CIS 80

• Android and iphone app now available.

Health and Safety / CDM in Construction.....so far......

76

58

29 DesignersCDM-C/PSClientContractors

4

Prosecutions 1995-2011...who? (%) Prosecutions 1995-2011.. what for? (%)

1511

2016

9 13

No plan atstartCPPinaequateSite rules /managementCompetentresourceClientInformationDesigner /CDM-CTypical prosecutions – Client – lack of appointments – CDM-C / PC

- PS / CDM-C – not providing info.. - Designers – not providing information....

Health and Safety in Construction.....so far......

5

Statistics.....42 Fatalities in 2014 – ave. 46 in past 5 years

Part 1Regs 1-3Cita t ionInterpreta t ionApplica t ion.

Pa rt 2Regs 4-7Client dutiesAppointment of Principa l Des ignerAppointment of Principa l ContractorNotifica t ion

Domes tic Clients .

Pa rt 3Regs 8-9 Genera l Duties / Duties of Des igners / Principa l Des igner a t Pre-Cons truction s tage / CPP and Hea lth and Sa fety File / Duties of PC a t Cons truction phase / engagement / Duties of Contractors .

Pa rt 4• As previous

Regula t ions .

• Hea lth and Safety on Cons truct ion s ites .

Pa rt 5• Enforcement in

respect of fire / Trans it iona l a rrangements and revoca tions / Review process .

Schedules• 1- Notifica t ion / 2

– WELFARE / 3 –Part icula r risks /

• 4- Trans it iona l Provis ions / 5 –Amendments

Appendices• The genera l

principles of prevention.

• Pre-cons truct ion Information

• CPP

• H&S File

• Working for domes tic clients

CDM Regulations 2015

July 9, 2015 CDM Regula t ions 2015 Page 6

Part 4 of the Regulations

7

» Part 4 – General Requirements for all construction sites

» Very little change…..

» Other technical aspects have not changed– generally accepted in the consultation process as working well..

» ….however

CDM 2015 - CLIENTS

» Strengthening of Client Duties

» The creation of client duties for domestic projects

» Can be transferred to the Principal Designer (PD) and/or Principal Contractor (PC)

» The client will be required to appoint a Principal Designer and / or Principal Contractor

» Only if there will be more than one contractor on site

» Client must fulfill the role of the PD and / or PC if they fail to appoint

» Regulations use “ensure” rather than “shall take reasonable steps” etc.

CDM 2015 - CLIENTS

» Appointments made as soon as practicable and before construction begins

» “Reasonable steps” and “sensible enquiries”

» Check track record / memberships

» Designers and contractors must demonstrate Health and Safety skills, knowledge and experience

» Duty holders cannot accept an appointment unless they have the skills, knowledge and experience to fulfill the role

CDM 2015 - CLIENTS

» Make suitable management arrangements

» Sufficient resources and time

» Reasonable steps to ensure PD and PC comply with their duties

» Suitable welfare

» Health and Safety performance and standards

» Ensure arrangements maintained and reviewed throughout

» Must provide Pre-Construction Information

» Can seek assistance from the PD

» Ensure a Construction Phase Plan (CPP) is prepared prior to commencement on site

» Required for all projects

CDM 2015 - CLIENTS

» The client will be responsible for notifying the HSE of a project (F10 notification)

» Can request a third party to do this on their behalf

» Must be done before construction work begins

» Notification is required for projects exceeding 30 days and have more than 20 persons on site or 500 man days

» No enhanced duties for notifiable projects

» Must ensure that the PD prepares a Health and Safety File (HSF)

» Provide HSF to the person who acquires their interest in the structure

» For multiple clients - agreement in writing to confirm the “client”

CDM 2015 – PRINCIPAL DESIGNER

» Must be a designer under the definition of the regulations, not necessarily the lead designer;

» The role can be an organisation or an individual – an existing member of the team or a 3rd

party;

» Plan, manage and monitor the pre-construction phase (with regards to H&S);

» Must identify and eliminate or control foreseeable risks;

» Ensure coordination and cooperation;

» Provide pre-construction information;

» Liaise with the PC;

» Prepare the HSF during pre-construction phase;

Phases of a project

13

(Design & Preparatory Work)

Pre Construction Phase

Construction Phase

Start on Site Completion

CDM 2015 – CDM ADVISOR / CLIENT ADVISOR

» Assist the Client» Client to ensure PD and PC comply with their duties» Clients (and Principal Contractors) - lack of review process regarding the Construction

Phase Plan» Support for clients in setting out management arrangements

» Challenges for the client:» Duties are more onerous» Assembling the project team» Management of the Pre-Construction Information – Client has the main duty» Maintaining AND reviewing management arrangements» Review and update Health and Safety File» Potential conflict of interests

CDM 2015 - DESIGNERS

» Must have right skills, knowledge and experience and with the suitable organisational

capability;

» Must NOT accept an appointment if the do not fulfil the above (general duty);

» Duty to report anything they are aware of in relation to the project which can constitute a risk

for themselves or others;

» Must ensure information or instructions are comprehensible and provided as soon as is

practicable;

» Must not commence work unless satisfied that the client is aware of CDM 15 duties;

CDM 2015 - DESIGNERS

» Take into account the general principles of prevention and any pre-construction information

when preparing or modifying a design (in essence, eliminate, reduce and control);

» Additional duty to control risks (if reduction is not possible) and eliminate risks instead of

eliminating hazards;

» Provide risk information to the Principal Designer;

» Ensure appropriate information is included in the Health and Safety file.

CDM 2015 – PRINCIPAL CONTRACTOR

» Only required if more than one contractor is involved

» Construction Phase Plan required for all projects

» No review required!

» Contents of a CPP are based on specific measures concerning works not specific Health and Safety risks (Schedule 3)

CDM 2015 – CONTRACTORS

» Where there is no PC, a contractor must ensure that a CPP is drawn up

» As soon as practicable prior to setting up the construction site.

» The contractor has no specific duties placed on them in relation to providing information on the Health and Safety File

CDM 2015 – TRANSITIONAL ARRANGEMENTS

» Schedule 4 of the L Series Guidance details the following transitional and saving provisions..

» Project with more than one contractor and construction has started prior to 6th April 2015, where a CDM-C or PC is not appointed

» Client may appoint a PD, if the construction phase has started

» Client must appoint the contractor as PC, and the PC must prepare a CPP

» Client is not required to appoint a PD if construction has started (but they can if they wish)

» If a PD appointment is not made, then the PC takes on responsibility for the Health and Safety File (and designers provide file info to the PC)

» If the client fails to appoint PC, the Client takes on the role..

CDM 2015 – TRANSITIONAL ARRANGEMENTS

» On 6th April 2015, the client has appointed a CDM-C

» CDM-C appointment and duties continues until the client appoints a PD (within six months) unless construction finishes before the 6th October 2015

» CDM-C has specific detailed duties in this transition phase (but does not have to satisfy the criteria of a PD)

» Projects with only one contractor; and construction has started prior to 6th April 2015

» The contractor must draw up a CPP as soon as practicable after 6th April 2015

Questions