CDM Consultant Services | CDM Regulations 2015

CDM Consultant Services

With the advent of CDM2015 the duties of the Client, Contractor and Designer has changed. The major changes to the regulations, are:

Domestic clients now have some CDM duties.

The CDM Coordinator role has been replaced by the Principal Designer role.

The project remains HSE notifiable if, in the construction phase, the project lasts more than 30 days, but under the new regulations, only if there are also 20 or more workers on site simultaneously at any point, as in the old regulations, it remains the case that a project is also notifiable if it lasts more than 500 person days in the construction phase.

The client must now make the HSE notification, not the CDM Coordinator, if the notification criteria is met.

The Client must now appoint a Principal Designer and a Principal Contractor if the project involves more than one contractor, not only when the criteria for HSE notification is met as under CDM 2007.

It is no longer the case that a Construction Phase Plan and a Health and Safety File is only required for HSE notifiable projects, under the new regulations the Principal Contractor must prepare a Construction Phase Plan and the Principal Designer must prepare a Health and Safety File if there will be more than one contractor working on the project.

If you are unsure how the change in Regulations affects your business, please feel free to contact us. We are offering a full package of services to discharge both Client and Principal Designer duties.

The latest guide to the regulations can be downloaded here.

CDM2015 - What happens now?

There are transitional arrangements in place. For projects where the construction phase has started before 6th April 2015, there is no requirement to replace the CDM Coordinator role with that of a Principal Designer until 6th October 2015.

Any questions?

Q. Has the CDM Coordinator role been replaced by a ‘Principal Designer’?

A. In name, yes. Clients are now required to appoint a ‘Principal Designer’ for all projects involving more than one contractor (trade contractor) on site at any one time.

Q. Does the Client have more duties?

A. Several of the previous functions of the CDM Co-ordinator are now to be carried out by the Clients directly. Also the wording for these duties is more onerous. Additionally the Client has a new duty to ensure that both the Principal Designer and the Principal Contractor comply with their duties.

Q. Who now advises the Client?

A. This is a major change, please note. Previously the CDM Co-ordinator acted as the “key project advisor in respect of construction health and safety”, however under CDM2015, the Principal Designer only has to provide advice to the Client with respect to Pre-Construction Information. Accordingly, Clients that need help with their duties are advised in the HSE Guidance Document to seek competent specialist advice. We can offer this advice as part of our new package of services.

Q. How do the new Regs affect domestic projects?

A. For domestic projects involving more than one contractor, the Principal Contractor will normally assume the Client duties. The domestic Client can choose to appoint a Principal Designer for the project. However if they do not make this appointment, the first Designer appointed during the pre-construction phase becomes the Principal Designer for the project.

Q. When do I need to appoint a Principal Contractor and a Principal Designer?

A. Clients must appoint both a Principal Designer and Principal Contractor on all projects with more than one "trade" contractor on site. Principal Designer’s duties include identifying and controlling risks, assisting the Client in the production of Pre-Construction Information, and the preparation of the Health and Safety File. Principal Contractor duties include the planning, management and co-ordination of construction phase of the project.

Q. When is a Construction Phase Plan required?

A. The Client is to ensure that a Construction Phase Plan, provided by the Contractor or Principal Contractor, is in place before any works commence on ALL projects.

Q. When do I need to notify the HSE?

A. Notification to the HSE is required for any project exceeding 30 construction days with 20 or more workers at any one time, or if the project exceeds 500 person days.

Q. How do I check that the duties holders are competent?

A. The 2015 regs have removed the 'Explicit competence' requirements. Instead, the Client will need to ensure those that are to be appointed (i.e. Designer, Contractor or Principal Contractor and Principal Designer) can demonstrate appropriate information, instruction, training and supervision.

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