Construction (Design & Management) Regulations 2015
The above regulations come into force on 6 April 2015, the following guidance has been prepared to assist contractors when applying for or renewing their Accreditation with CHAS. Information has been drawn from the sources available much of which at the point of writing is still in draft format, sources include:
CITB, HSE Guidance L153 and discussions with relevant parties
For full details of the HSE source document please see the link at the foot of the page to the information sources that this guidance is drawn from.
Who is a domestic client?
A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business. Local authorities, housing associations, charities, landlords and other businesses may own domestic properties, but they are not a domestic client for the purposes of CDM 2015. If the work is in connection with a business attached to domestic premises, such as a shop, the client is not a domestic client.
What should a domestic client do?
A domestic client is not required to carry out the duties placed on commercial clients in regulations 4 (client duties for managing projects), 6 (Notification) and 8 (General duties) - see also paragraph 23. Where the project involves:
a) only one contractor, the client duties must instead be carried out by the contractor. The contractor must then carry out the client duties as well as the duties they already have as contractor for the project (see paragraphs 147–179). In practice, this should involve doing little more to manage the work to ensure health and safety;
a) more than one contractor, the client duties must instead be carried out by the principal contractor as well as the duties they already have as principal contractor (see paragraphs 110–146). If the domestic client has not appointed a principal contractor then the duties of the client will be carried out by the contractor in control of the construction work.
In many situations, domestic clients wishing to extend, refurbish or demolish parts of their own property will, in the first instance, engage an architect or other designer to produce possible designs for them. It is also recognised that construction work does not always follow immediately after design work is completed. If they so wish, a domestic client has the flexibility of agreeing (in writing) with their designer that the designer coordinates and manages the project, rather than this role automatically passing to the principal contractor. Where no such agreement is made, then the principal contractor will automatically take over the project management responsibilities
Who is a Principal Designer?
A principal designer is the designer with control over the pre-construction phase of the project. This is the very earliest stage of a project from concept design through to planning the delivery of the construction work. The principal designer must be appointed in writing by the client to carry out their duties.
The principal designer is an organisation (or on a smaller project they can be an individual) that has:
a) A technical knowledge of the construction industry relevant to the project;
b) The understanding and skills to manage and coordinate the pre-construction phase, including any design work carried out after construction begins.
Where the principal designer is an organisation they should have the organisational capability to carry out the role as well as the necessary skills, knowledge and experience that individual designers must have.
Principal designers may have separate duties as designers
Am I a Principal Contractor under the CDM 2015 regulations?
Guidance from the HSE publication states:
Who is a principal contractor?
A principal contractor is the organisation or person that coordinates the work of the construction phase of a project involving more than one contractor so that it is carried out in a way that secures health and safety. They are appointed by the client and must possess the skills, knowledge, and experience, and (if an organisation) the organisational capability necessary to carry out their role effectively given the scale and complexity of the project and the nature of the health and safety risks involved.
Most projects are likely to have only one principal contractor for the entire project. However, there may be occasions where, for example, two or more projects are taking place on the same site at the same time, but are run independently of one another. Whatever the circumstances, it is essential that there is clarity over who is in control during the construction phase in any part of the site at any given time. Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:
a) cooperate with one another;
b) coordinate their work; and
c) take account of any shared interfaces between the activities of each project (e.g. shared traffic routes).
Do I need to prepare a Construction phase plan?
Construction phase plan
The construction phase plan must set out the arrangements for securing health and safety for the period during which construction work in a project is carried out. These arrangements include site rules and any specific measures put in place to where work involves one or more of the risks listed in Schedule 3 (regulation 12(2) of CDM 2015).
For projects involving more than one contractor, the principal contractor must ensure the plan is drawn up during the pre-construction phase and before the construction site is set up. It must take into account the information the principal designer holds such as the pre-construction information and any information obtained from designers. During the construction phase, the principal contractor must ensure that the plan is appropriately reviewed, updated and revised so that it remains effective.
For single contractor projects, it is the responsibility of the contractor to ensure the construction phase plan is drawn up.
Please click on the web link for detail of industry guidance issued by HSE's Construction Industry Advisory Committee (CONIAC).
CITB have developed a good short introductory Youtube video for people addressing CDM for the first time. it is available at: here
They now have two apps for Construction phase plans for both Android and Apple.
Android at https://play.google.com/store/apps/details?id=co.uk.citb.cdmwizard&hl=en_GB
Android at https://itunes.apple.com/gb/app/cdm-wizard/id974674223?mt=8&ign-mpt=uo%3D4
HSE Guidance: Managing health and safety in construction (Guidance on Regulations) Please click here