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What are the Construction (Design and Management) Regulations 2015 (CDM 2015)?
The Construction (Design & Management) Regulations 2015 (CDM 2015) came into force in April 2015 replacing CDM 2007. CDM 2015 will help you to:

  • sensibly plan the work so the risks involved are managed from start to finish;
  • have the right people for the right job at the right time to manage the risks on site;
  • co-operate and co-ordinate your work with others.
  • have the right information about the risks and how they are being managed;
  • communicate this information effectively to those who need to know;
  • consult and engage with workers about the risks and how they are being managed.
HSE has published a series of publications in a 'Legal Series' guidance that supports CDM 2015 and explains it in more detail. See the link on the right.

CDM 2015 places legal duties on virtually everyone involved in construction work. Those with legal duties are commonly known as ‘dutyholders’. HSE produce 'A quick guide for clients on CDM 2015' which explains it in more detail. See the link on the right. The leaflet explains what clients need to do and points out where you can find out more.

Dutyholders under CDM 2015 are:

Client - Anyone who has construction work or building work carried for them. The main duty for clients is to make sure that their project is suitably managed, ensuring the health and safety of all who might be affected by the work, including members of the public. CDM 2015 recognises two types of client:
  • 'Commercial clients' have construction work carried out as part of their business. This could be an individual, partnership or company and includes property developers and companies managing domestic premises.

  • 'Domestic clients' have construction work carried out for them but not in connection with any business. This is usually work done on their own home or the home of a family member. CDM 2015 does not require domestic clients to carry out client duties as these normally pass to other dutyholders.
Designer - An organisation or individual whose work involves preparing or modifying designs, drawings, specifications or design calculations. Designers can be architects, engineers, surveyors or anyone who specifies and/or alters designs as part of their work. It can include tradespeople if they carry out design work. The designer's main duty is to eliminate, reduce or control foreseeable risks that may arise during construction work, or the use and maintenance of the building once built. Designers work under the control of a principal designer on projects with more than one contractor.

Principal Designer - A designer appointed by the client to control the pre-construction phase on projects with more than one contractor. The principal designer's main duty is to plan, manage, monitor and co-ordinate health and safety during this phase, when most design work is carried out.

Principal Contractor - A contractor appointed by the client to manage the construction phase on projects with more than one contractor. The principal contractor's main duty is to plan, manage, monitor and co-ordinate health and safety during this phase, when all construction works takes place.

Contractor - An individual or business in charge of carrying out construction work i.e. demolition, altering, maintaining and building. Anyone who manages this work or directly employs or engages construction workers is a contractor. Their main duty is to plan, manage and monitor the work under their control in a way that ensures the health and safety of anyone it might affect (including members of the public). Contractors work under the control of the principal contractor on projects with more than one contractor.

Worker - An individual who actually carries out the work involved in building, altering, maintaining or demolishing buildings or structures. Workers include: plumbers, electricians, scaffolders, painters, decorators, steel erectors and labourers, as well as supervisors such as foreman. Their duties include co-operating with their employer and other dutyholders, reporting anything they see that might endanger the health and safety of themselves or others. Workers must be consulted on matters affecting their health, safety and welfare.

What happens if a client does not comply with duties under the CDM 2015?

Non-compliance with CDM 2015 will increase the risk of accidents during construction work, and will also increase hazards during future maintenance/repair/demolition works. The Health and Safety Executive and/or the Local Authority has the right to stop works on site if there are breaches. Additional work may be required to rectify the situation with a likely increase in costs to the client and possible delays in completion. In certain circumstances a client may be prosecuted.

What must a client do?
  • Appoint the right people.
  • Allow sufficient time to enable all design and planning to be carried out properly.
  • Provide relevant information to your team, e.g., the presence of any existing hazards and how the building is proposed to be used.
  • Ensure communication and co-ordination between team members.
  • Ensure the project is managed adequately.
  • Provide adequate welfare facilities on site for construction workers.
  • Provide correctly designed workplaces.
If a client’s proposed works are 'notifiable' to HSE and an F10 must be submitted, i.e., works lasting longer than 30 days or works which involve more than 500 person days, then a client must also:
  • Appoint a Principal Designer as early as possible and before the design/preparation stage. The Principal Designer will advise on your duties and notifiable jobs. It must be noted that it is not the duty of the Principal Designer to supervise the works.
  • Appoint a Principal Contractor as early as possible. The Principal Contractor is essential to the proper management and co-ordination of the works as a whole, including the notifiable jobs.
  • Ensure the main contractor provides a suitable health and safety plan. Work must not begin until an adequate health and safety plan is in place.
  • Maintain a health and safety file. This will be handed to the client by the Principal Contractor or Principal Designer at the end of the project. The health and safety file will assist management of health and safety issues during any future maintenance/repair/demolition works. The health and safety file must be updated when required and made available to anyone carrying out alterations/maintenance of the building.
Role of Sheldon & Company including assisting the Client discharge their duties and acting as Principal Designer

We have the necessary competence and experience in CDM matters to act as the Principal Designer.

As the Principal Designer, Sheldon & Company can advise on a Client's duties and ensure duties on notifiable projects are fulfilled. As Principal Designer we will:
  • Advise you about selecting competent designers and contractors;
  • Help identify what information will be needed by designers and contractors;
  • Co-ordinate the arrangements for health and safety during the planning phase;
  • Ensure that HSE is notified of the project;
  • Tell you if the initial construction phase plan is suitable; and
  • Prepare a health and safety file for you.
Contact us on 01934 751228 for further advice or a quotation......

 




HSE Guidance Leaflet
Health & safety Executive guidance leaflet for clients on Construction Design Management Regulations 2015 entitled “Want construction work done?”


HSE has published a series of publications in a 'Legal Series' guidance that supports CDM 2015 and explains it in more detail.
HSE Legal Series



HSE Advisory Web Pages
Health & Safety Executive advisory web pages on The Construction (Design & Management) Regulations 2015 (CDM 2015).



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tel: 01934 751228 or  E-mail