Our CDM services:

At Ed Crossley & Associates Ltd our staff are both sufficiently competent and experienced to advise clients of their respective obligations and duties under the Regulations and provide a comprehensive service including:

  • Advising clients of duties arising from the Regulations
  • Statutory notifications to HSE
  • Co-ordination of design work, planning and other preparation to construction where relevant to health and safety
  • Collating of the Pre-Construction information
  • Provision of all available Pre-Construction information to the relevant parties
  • Managing the flow of Health and Safety information between clients, designers and contractors
  • Advising the client on the suitability of the initial construction phase plan
  • Preparation of Health & Safety File at completion

CDM Regulations 2015

The Health and Safety Executive (the ‘Executive’) has proposed changes to the CDM (Construction Design and Management) Regulations 2007 (SI 2007/320) ( ‘2007 Regulations’). The CDM 2015 Regulations ( ‘2015 Regulations’) come into force from 6 April 2015.

The draft CDM 2015 Regulations and Guidance may be subject to change before then. Final versions will be available on 6 April 2015.

The main proposed changes to the 2007 Regulations are:

  • changes to notification thresholds and requirements;
  • replacement of the CDM co-ordinator with a ‘principal designer’ role;
  • removal of the domestic client exemption;
  • simplified Approved Code of Practice (with sector specific guidance);
  • removal of detailed competence requirements (now a more generic framework).

The changes are aimed at simplifying existing legislation and bringing it in line with EU Directive (EEC) 92/57 (on minimum safety and health requirements at temporary or mobile construction sites). They are also intended to ensure inclusion of smaller projects, with perceived higher accident risk.

Notification and Threshold

A project is notifiable by the client if it is likely to involve more than: 30 working days and more than 20 workers simultaneously; or 500 person days, of construction work.

The significant notification differences are that: (i) the 20 workers threshold has been added1; (ii) it is the client (not the CDM Co-ordinator / principal designer) who notifies the Executive of the project particulars2; and (ii) notification does not automatically trigger the appointment of the principal designer and principal contractor.

The client has a duty to appoint a Principal designer and Principal contractor where there is more than one contractor (including trade contractors) or if it is reasonably foreseeable that more than one such contractor will be working on a project at any time3.

Projects for domestic clients will no longer be exempt if they meet the notification threshold.

Principal designer

The rationale behind the replacement of the CDM Co-ordinator with a principal designer is to bring health and safety management within the project (rather than out-sourcing it). Clients will need to include the principal designer role (with related obligations to act independently) in their appointment of the lead or first design consultant.

The principal designer has a duty to plan, manage, monitor and co-ordinate the pre-construction phase taking into account the general principles of prevention4. It will need to price and insure for this additional service.

It is intended (but not specifically required) that the first designer appointed will be responsible for health and safety management. Contractors should note that where they have in-house designers or design sub-consultants, they may become the principal designer.

Where there is a requirement to appoint a principal designer and principal contractor and no appointment is made, the following are deemed appointed:

Where there is a requirement to appoint a principal designer and principal contractor and no appointment is made, the following are deemed appointed:

Client Type Deemed principal designer Deemed principal contractor
domestic client5 the first designer appointed during pre-construction phase the first contractor appointed during construction phase
client6 client client

Principal contractor

The duties of the principal contractor are similar to those under the 2007 Regulations.

Contractors should note, however, the reciprocal responsibility between the principal contractor and principal designer to liaise throughout the project. This applies to contractor information affecting pre-construction phase planning and management.

Principal contractors are advised to engage with the project and collaborate with the principal designer from the earliest opportunity. If necessary, they should review the pre-construction phase information retrospectively ensuring all potential health and safety / hazard issues are adequately dealt with.

What Next?

The 2015 Regulations are not yet finalised. As drafted, there are some obvious gaps and contradictions. Changes may be made while they await Parliamentary approval.

Once the new rules are implemented there will be transitional provisions to take account of existing projects. All new projects will need to take account of the new legislation. This will require substantial re-drafting where the CDM Regulations are concerned.

1 See regulation 7 of the 2015 Regulations.

2 See regulation 7 of the 2015 Regulations.

3 See regulation 6 of the 2015 Regulations.

4 Specified in Schedule 1 to the Management of Health and Safety at Work Regulations 1999 (a).

5A client “for whom a project is being carried out which is not in the course or furtherance of a business of that client”. (See regulation 2 of the 2015 Regulations).

6 A client is “any person for whom a project is carried out”. (See regulation 2 of the 2015 Regulations).

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