Construction Design and Management Regulations (CDM) 2015
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Transcript of Construction Design and Management Regulations (CDM) 2015
Supporting Businesses with Essential Risk Management and Business Compliance ServicesHealth and Safety, Employment Law and Environmental Solutions
CDM 2015
An outline of the changes and new duties
Background
• CDM implements Council Directive 92/57/EEC of 24 June 1992 on temporary or mobile work sites
• First Regulation 1994
• Re-written and passed into law 2007
• Lord Young and subsequent Lofstedt Report
CDM 2007
• Gold plated the directive
• Role of the CDM-C
• ACOP too long and difficult to follow
• Read by the wrong people and not by the right people
• Explicit competence requirements
CDM 2015
• Consultation document 31 March 2014
• Became law in January 2015
• Comes into effect 6 April 2015
IT IS GOING TO HAPPEN
CDM 2015
• Old regulations were 19 pages long (excluding part 4)
• New regulations 10 pages
• 48 old regulations – 39 new
• New regulations are linear and sequential in layout
• Mirror the life of a project from design through construction
ACOP
• Old ACOP (L144) replaced by 7 Guidance Notes
• Legal status of ACOP
• “This guidance is for those who have legal duties under CDM2015. It explains what they must or should do to comply with the law…”
• New ACOP due April 2016
CDM 2015• Part 1 (Regs 1-3) Commencement,
definitions and application
• Part 2 (Regs 4-7) Client duties
• Part 3 (Regs 8-15) General duties including all other parties
• Part 4 (Regs 16-35) General requirements
• Part 5 (Regs 36-39) including transition
Key elements to securing
construction health and safety
• Apply the general principles of prevention
• Appoint the right people and organisations at the right time
• Provision of information, instruction, training and supervision
• Co-operation, communication and co-ordination
• Consulting workers and engaging with them
General Principles of Prevention
• Avoiding risks where possible
• Evaluating those risks that cannot be avoided
• Putting in place proportionate measures that control them
Part 2
• Clients are organisations or individuals for whom a construction project is carried out.
• Domestic clients are people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.
Client Duties
• All clients must make suitable arrangements for managing a project
• Where more than one contractor, appoint a Principal Contractor AND a Principal Designer
• Notify any project lasting 30 days ANDwhere 20 or more persons working at any time, or 500 person days
Clients
• The client has a major influence over the way a project is procured and managed.
• Regulation 7 allows that domestic clients pass their responsibilities onto other duty holders
Part 3
• Contractors and designers must have the “skills, knowledge and experience and, if they are an organisation, the organisational capability, necessary to fulfil the role”
• Replaces explicit competencies detailed in old regulations
• You must take reasonable steps to determine this
Designer Duties• Eliminate, reduce or control foreseeable
risks that may arise during construction and the maintenance and use of a building once it is built
• (Through the design process)
• Provide information to other members of the team to help them fulfil their duties
• Reg 10 applies to overseas designs
Principal Designer• Principal designers are designers
appointed by the client in projects involving more than one contractor
• Plan, manage, monitor and co-ordinate health and safety in the pre-construction phase of a project
• Ensure designers carry out their duties
Principal Designer
• Prepare and provide relevant information to other dutyholders
• Liaise with Principal Contractor to help in the planning, management, monitoring and co-ordination of the construction phase
CPPs and Files
• A construction phase plan (CPP) must be drawn up for all construction projects, regardless of size, by the Principal Contractor or Contractor
• A Health and Safety File must be prepared by the Principal Designer
Principal Contractor
• Principal Contractors are contractors appointed by the client to co-ordinate the construction phase of a project where it involves more than one contractor
• Plan, manage, monitor and co-ordinate the construction phase of a project
Principal Contractor
• Liaise with the client and principal designer
• Prepare the CPP
• Ensure co-operation and co-ordination
• Site inductions and security
• Worker consultation
• Adequate welfare facilities are provided
Contractors
• Contractors are those who do the actual construction work and can be either an individual or a company
• Plan, manage and monitor construction work under their control
• Co-ordinate their activities with others in the project team
• Prepare a CPP if lone contractor
Workers
• Must have “the necessary skills, knowledge, training and experience to carry out the work they will be employed to do”
• Replaces explicit competence requirements
• “Reliance should not be placed on an industry certification card”
Part 5
• Transitional arrangements for existing notifiable projects – 6 October
• > 1 contractor – construction not started client must appoint a PD
• If construction started they may appoint a PD – if not PC must compile Health and Safety File
Schedules
• 1 – Notification details
• 2 – Welfare facilities
• 3 – Particular risks
• 4 – Transitional arrangements
• 5 - Amendments
Appendices
• 1 – Principles of prevention
• 2 – Pre-construction information
• 3 – Construction Phase Plan
• 4 – Health and Safety File
• 5 – Working for Domestic Clients