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These days, health and safety on site is an important and high profile issue nationwide, and The Construction (Design and Management) Regulations 2015 place responsibilities on the client including domestic clients for the first time under the regulations to ensure that this legislation is complied with.
Domestic clients may discharge their duties onto the contractor or agreeing with the designer that they coordinate and manage the project through the construction phase rather than the role automatically passing to the contractor.
The Regulations set out statutory duties for those involved in both planning and managing construction work and apply to ALL construction work.
Extract from CDM 2015 as follows:
|Table 1: A summary of roles and duties under CDM 2015 CDM Dutyholders* – Who are they?
||Summary of role/main duties
|Clients - are organisations or individuals for whom a construction project is carried out
Make suitable arrangements for managing a project. This includes making sure:
- other dutyholders are appointed;
- sufficient time and resources are allocated;
- relevant information is prepared and provided to other dutyholders;
- the principal designer and principal contractor carry out their duties;
- welfare facilities are provided.
See paragraphs 23-52 for more guidance.
|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
Domestic clients are in scope of CDM 2015, but their duties as a client are normally transferred to:
- the contractor, on a single contractor project; or;
- the principal contractor, on a project involving more than one contractor.
However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties.
See paragraphs 53-56 for more guidance.
|Designers – are those, who as part of a business, prepare or modify designs for a building, product or system relating to construction work.
When preparing or modifying designs, to eliminate, reduce or control foreseeable risks that may arise during:
- construction; and
- the maintenance and use of a building once it is built.
Provide information to other members of the project team to help them fulfil their duties.
See paragraphs 72-93 for more guidance.
|Principal designers** – are designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.
Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:
- identifying, eliminating or controlling foreseeable risks;
- ensuring designers carry out their duties;
Prepare and provide relevant information to other dutyholders;
Liaise with the principal contractor to help in the planning, management, monitoring and coordination of the construction phase.
See paragraphs 94-115 for more guidance.
|Principal contractors – are contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor.
Plan, manage, monitor and coordinate the construction phase of a project. This includes:
- liaising with the client and principal designer;
- preparing the construction phase plan;
- organising cooperation between contractors and coordinating their work.
- suitable site inductions are provided;
- reasonable steps are taken to prevent unauthorised access;
- workers are consulted and engaged in securing their health and safety; and
- welfare facilities are provided.
See paragraphs 110-146 for more guidance.
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 so that it is carried out without risks to health and safety;
For projects involving more than one contractor, coordinate their activities with others in the project team – in particular, comply with directions given to them by the principal designer or principal contractor;
For single-contractor projects, prepare a construction phase plan.
See paragraphs 147-179 for more guidance.
Are the people who work for or under the control of contractors on a construction site
- be consulted about matters which affect their health, safety and welfare;
- take care of their own health and safety and others who may be affected by their actions;
- report anything they see which is likely to endanger either their own or others’ health and safety;
- cooperate with their employer, fellow workers, contractors and other dutyholders;
* Organisations or individuals can carry out the role of more than one dutyholder, provided they have the skills, knowledge, experience and (if an organisation) the organisational capability necessary to carry out those roles in a way that secures health and safety.
** Principal designers replace the role undertaken by CDM co-ordinators under CDM 2007 (see paragraphs [191-194] for information about transitional arrangements).
For more information of the Draft Legal (L) series please click on the link below;
HOW WE CAN ASSIST
Canham Consulting has supported construction clients, architects and contractors, gaining a reputation as providing high value expertise from feasibility through to project handover. We are ideally placed to continue providing CDM advice and project management services to all duty holders under the regulations as CDM Consultant to enable cost-effective delivery of the new Principal Designer duties and to assist contractors with exercising their new and existing duties as Principal Contractor.
We can also continue to act directly on behalf of Clients to ensure that all dutyholders under CDM 2015 duties required of the various parties under the new regulations are complied with and best practices adopted.
In addition to the examples above, we consider ourselves adept at challenging projects, and would welcome new and innovative schemes for us to test our skills! Should any of our services be of interest, please contact us via any of the methods available on our Contact Us