CDM Regulations 2015 Update – 3rd April Journal Column

By James Ritchie, Head of External Affairs and Deputy Chief Executive at The Association for Project SafetyAPS

If you are not directly involved in the construction industry, you could be forgiven for not knowing that construction health and safety legislation is just about to be amended by Government (again!), but for those of you working in our industry, you need to be on top of the new Construction Design and Management (CDM) Regulations 2015 before they come into force on April 6.

With the new regulations, the CDM Co-ordinator role has been removed and in its place comes a new ‘Principal Designer’ role, domestic clients, construction phase plans on all projects and the requirement for health and safety co-ordinators to be appointed on all projects with more than one contractor working on the site.  This change means that any construction project that is likely to involve more than one contractor needs to have the health and safety aspects planned, managed and monitored from the beginning of the design process through to completion of the construction work. No exceptions, no excuses. And the people or organisations tasked with doing the planning, managing and monitoring of the health and safety aspects need to have sufficient health and safety skills, knowledge and experience to do so in a capable manner.

The Health and Safety Executive’s (HSE) intention is for the pre-construction health and safety coordinator (the Principal Designer) to be an integral member of the design team and be given sufficient authority to be in control of the pre-construction health and safety on the project. The obvious choice would be the lead designer – provided that they have sufficient skills knowledge and experience in design and construction health and safety risk management. However, choosing a person that fits that bill may or may not be that easy, dependant on the size and complexity of the project in question.

Non-domestic clients also have new duties under the CDM Regulations 2015, including making suitable arrangements to ensure that the construction work is carried out without risks to health or safety, that those arrangements are in place throughout the project, ensuring that both the Principal Designer and Principal Contractor comply with their duties and that the project is notified to the HSE if necessary.

With these new regulations, a lot is riding on clients having sufficient knowledge to be able to discharge their duties, meaning many clients are already looking to appoint a Client CDM Adviser to assist them on larger or more complex projects. Equally many designers, who find themselves being asked to take on the Principal Designer role when they perhaps do not have adequate health and safety skills, knowledge and experience, are also considering appointing a CDM Adviser to help them discharge their legal duties.

On April 22, Constructing Excellence in the North East is holding an event about the CDM changes and what they mean for our industry and you. To find out more, or to register for a place for the event, contact Leanne McAngus on 0191 374 0233 or email leanne@cene.org.uk