of presentation (design and goes here regulations 2015 · designer principal contractor 2007 2015...
TRANSCRIPT
Title of presentationgoes here
Secondary title or presenters name
Construction (Design and Management) Regulations 2015
James Addley BA(Hons) Arch | RFaPS | Tech IOSH
Introduction
3
• Government pressure to ‘deregulate’
• Europe ‐ directive not fully implemented
• domestic clients
• coordinators required when 2 or more contractors
• Enhanced focus on small sites ‐ where accidents happen
Introduction - Background to Changes
4
Key Changes
• Significant structural simplification of the regulations
• Replacement of the ACoP with targeted guidance
• Removal of the CDMC role
• Introduction of new PD role
• Removal of explicit competence requirements
• Changes to the notification requirements
Duty holder changes:
Client
Principal Designer
Principal Contractor
2007 2015
client Client(enhanced duties)
CDMCoordinator
Principal Designer (New)
Designer Designer (Same)
Principal Contractor
Principal Contractor(same)
Contractors Contractors (same)
Workers(New)
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PD and CDMC Duties
Some of the CDMCs duties have been transferred :
CDMC Task Assigned to Advise clients on their dutiesNotify HSE of the projectCo-ordinate H&S aspects of the workCollate & issue the pre-construction informationManage the flow of H&S informationAdvise the client on the adequacy of the CPPPrepare & deliver the H&S File
No longer required
No longer requiredPD and PC
ClientPrincipal DesignerClient and PDPD and PC
Roles and duties
Client duties
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If there is more than one contractor the client must appoint :
• a Principal Designer and
• a Principal Contractor
Contractors could be :
• an individual
• a sole trader
• a self‐employed worker
• or a business
• the PC is also a contractor
The client has the PD duties if he fails to appoint a PD
The client may change the PD during the project
Trigger for the Regulations
10
Client Pillars
Successful H&S Project
Successful H&S Project
Designers
Contractors
Principal Contractor (PC)
Workers
Principal Designer (PD)
Make suitable arrangements for managing
the project
Appoint a PD and PC
Allow sufficient time and resources for the project
Ensure relevant
information is prepared and given to other duty holders
Ensure the project is notified to
HSE
Ensure the PD and PC
carry out their duties
Ensure welfare
facilities are provided
Designer’s duties
12
• 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” include architects, consulting engineers, interior designers, temporary work engineers, chartered surveyors, technicians, specifiers, principal contractors and some tradespeople.
• You can also be carrying out design even if you would not normally identify yourself as a designer e.g. if you are a client or contractor specifying a particular roof system, deciding what size joists to use etc
The Role of the Designer
13
A design could include:
• Drawings, sketches, design details, specifications and product selection, bills of quantity or calculations, prepared for the purpose of constructing, modifying or using a building or structure, a product or system (such as a mechanical or electrical system).
What is a Design?
14
Designers’ duties
Be satisfied that the Client
is aware of their duties under the
Regulation
Appoint a
Ensure appropriate
information is included in
the Health and Safety File
I
Must take into account the
general principles of prevention
when preparing or modifying a
design
Must cooperate with other parties and
provide information in a comprehensible
and timely manner
Must have the skills,
knowledge and experience to undertake the
design
Provide information
about the risks to the
Principal Designer (PD)
Successful H&S Project
Successful H&S Project
Clients
Contractors
Principal Contractor (PC)
Workers
Principal Designer (PD)
Must take all reasonable
steps to provide sufficient
information about the design,
construction or maintenance
Designers
The general principles of prevention are to:
a) avoid risks; b) evaluate the risks which cannot be avoided; c) combat the risks at source; d) adapt the work to the individual, especially regarding the design of
workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work, work at a predetermined work rate and to reducing their effect on health;
e) adapt to technical progress; f) replace the dangerous by the non-dangerous or the less dangerous; g) develop a coherent overall prevention policy which covers technology,
organisation of work, working conditions, social relationships and the influence of factors relating to the working environment;
h) give collective protective measures priority over individual protective measures; and
i) give appropriate instructions to employees.
Principal Designer duties
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Project Phases
Client
Project set‐up Principal Designer Pre‐Construction
Client
Construction and Handover
Principal Designer
Principal Contractor
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• An organisation or individual that has:
• Project relevant technical knowledge of theconstruction industry.
• The understanding/skills to manage & co-ordinate the Pre- construction phase, alsodesign work during construction, with regardto health and safety considerations.
• principal designers may have separate duties asdesigners.
Who is a Principal Designer?• A designer (though not necessarily a designer on the project) with control
over the pre-construction phase of the project with respect to mattersrelating to health and safety (early client appointment is thereforeessential)
The PD must be a Designer • This first criterion needs careful explanation: It means that the
PD needs to have the skills, knowledge and experience to understand the design process, the issues involved and the technical competence to understand what is being discussed by the appointed designers on the project.
• When delivering the PD duties care must be taken not to become a designer under disciplines that the PD has no design commission for. For example if appointed as structural engineers but not as architects then, when wearing the PD ‘hat’, you must not make architectural design decisions. The PD can challenge, question, argue their point etc. but not make the actual decision as that would attract designer’s liabilities in this area.
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Principal Designer Pillars
Successful H&S Project
Successful H&S Project
Designers
Contractors
Principal Contractor (PC)
Workers
Client
Plan, manage and monitor
the pre-construction
phase
Identify, eliminate or
control foreseeable
risks
Ensure designers
carryout their duties
(coordination and
cooperation)
Prepare and provide relevant
information to other duty
holders (PCI)
Liaise with the PC
throughout the
construction phase
Prepare the Health and Safety File
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Coordination (of Designers)
Client
Principal Designer Principal Contractor
Co‐ordination role
Clients
Planners
Architects
EngineersSpecialist Contractors Temporary Works Designers
Competence
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Removal of competence requirements. Replaced with a requirement for appropriate skills
• The duty holder must have the ability tojudge the health and safety competence ofthose they engage on constructionprojects.
• requirement is now to have the necessary skills, knowledge and experience and the organisational capacity
• there is actually little change in therequirement - it is in effect ‘as you were’
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PD competenciesCompetency Single discipline Multi‐discipline Large and/or complex/novel
A technical knowledge of the construction industry relevant to the project
Construction related degree (engineer, surveyor, architect) and able to demonstrate technical experience
Relevant site experience Experience of design review Relevant sector knowledge
Construction related degree(engineer, surveyor, architect)
Relevant site experience Experience of multi‐disciplinary
projects Undertaken multi‐disciplinary
design review Relevant sector knowledge or
experience
Construction Chartership(engineer, surveyor, architect)
Relevant site experience Experience of large and/or
complex projects Undertaken design reviews on
large and/or complex projects Relevant sector knowledge and
experience
An understanding of how health and safety is managed through the design process
Understand what CDM sets out to achieve
Understand safe by design principles
Knowledge of in‐house processes
IOSH Managing Safely in Construction* or equivalent
Understand what CDM sets out to achieve
Understand safe by design principles
Knowledge of in‐house processes
NEBOSH Construction Certificate or equivalent
Understand what CDM sets out to achieve
Understand safe by design principles
Knowledge of in‐house processes
NEBOSH Diploma or equivalent
The organisation and management skills to be able to influence the management of health and safety during the pre‐construction phase of the project and any ongoing design after construction begins
Understand how to plan, manage and co‐ordinate as a PD
Effective communication skills Confidence to challenge Ability to influence and engage
with stakeholders
Able to demonstrate management and co‐ordination skills required of a PD
Effective communication skills Confidence to challenge Ability to influence and engage
with stakeholders
Able to demonstrate management and co‐ordination skills required of a PD
Effective communication skills Confidence to challenge Ability to influence and engage
with stakeholders
Notification
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Changes to Notification criteria & the threshold for the appointment of coordinators• Client duty to notify projects lasting longer than 30 days and
on which more than 20 workers are planned to be working simultaneously at some point during or exceeding 500 person days.
• Disassociation of coordinator appointments and project notification.
• The intention is that this will no longer act as a threshold triggering additional duties as was the case for CDM 2007, which the HSE have contended will reduce complexity
• The new Regulations will require the appointment ofcoordinators (PD & PC) wherever there is more than onecontractor engaged on a project.
Guidance
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Information sources
Six guides: One for each of the five duty holders under CDM and an additional one for workers
Legal Series(L153)
SI 2015 No.51
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• Submit the F10 to the HSE - or check that the client has done so
• Submit the F10 to the HSE on behalf of the Client unless prior written authority received from Client
• Check the skills and experience of designers or contractors - unless you appoint them directly
• Advise the client on their appointments of designers and contractors
• Advise the client on their H&S arrangements for the project
• Review or approve the CPP - or check that it has been implemented
• Review or approve H&S arrangements on site
• Take overall responsibility for the project - you manage H&S in the pre-construction phase
• Supervise or monitor health and safety on site - that’s done by the PC
• Check or approve designs - other than reviewing H&S risks
What you don’t have to doPDs are not required to :
The APS
Mission
• As a leading professional institution in the field of construction health and safety risk management, The Association for Project Safety strives to continuously improve and promote the professional practice of design and construction health and safety risk management by:-– Setting standards;– Raising performance;– Providing guidance;– Educating and training; and– Working in partnership with others
• with the aim of construction workers and others returning home safely.
Categories of membership
STUDENT
ASSOCIATEAaPS
CERTIFIEDCMaPS
FELLOWFMaPS
REGISTERED PRACTICE
CORPORATE MEMBER
EXPERIENCE ROUTE
RETIRED
AFFILIATED
APPLICATION
Between 3 and 11 points
22 points / exam / interview / additional knowledge or training
INCORPORATEDIMaPS
12 – 21 points / exam / interview
Membership of the APS
• To help answer any outstanding questions about membership, we're holding a webinar:
Thursday 5 November 12.30-1.15pm.
CPD events: CDM in the domestic landscape• This CPD event will cover practical issues facing the Principal Designer on domestic
projects including: • understanding the role• training required• appointment arrangements• advising the client• design risk management• tender processes and contractor selection• work on site and completion• The course will look at what to do when a designer's appointment is restricted to a partial
design service - i.e. up to planning or building regulations stages only - and will look at the issues raised by self-build projects, issues that a Principal Designer should be aware of when considering design risk management and what information should be passed to the Principal Contractor.
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Arup Health & Safety Consultancy Services
CDM strategic advice Construction H&S corporate advice
Construction site safety (inspection) services
Baseline assurance audits
Review of training requirements Competent Person
Assistance developing client Safety
Management systems
Assistance with risk assessments (client
premises)Advice Line General Site Safety
BriefingHealth and Safety for Leaders (External) CDM for Designers Fire Warden Training CDM Audits
Training on Legislation
Newsletter including Legislative updates, notes or formal presentations
Strategic Asbestos Advice
Asbestos Awareness Training Competency response Accident / Incident
InvestigationIOSH Managing Safety in
Construction
Annual H&S Audits (18001 model)
Develop H&S management systems compliant with OHSAS
18001:2007
Develop quality management systems compliant with ISO
9001:2000
DSEAR risk assessments Training on the DSEAR Regulations COMAH ‐ training
COMAH ‐ preparation and review of safety reports and review of onsite and offsite emergency plans.
HAZOPS COSHH risk assessments PUWER risk assessments Deliver the NEBOSH Construction Certificate
Deliver IOSH Managing Safely
Deliver IOSH Working Safely
Review Facilities Management systems
Expert Witness Contaminated land ‐advice & training
Chemical classification and labelling issues ‐
advice
BOM – Building, Operation and Maintenance
H&S Due diligence