Following a recent consultation on the changes to Construction Design Management (CDM) regulations we take a look at the key changes proposed in the draft 2015 regulations which include:
- A legal obligation for duty holders to provide information, instruction, training and supervision, which replaces the duty to assess competence. The draft regulations do not specify the minimum standard required for compliance.
- Construction phase co-ordination duties to remain with the Principal Contractor. But the current proposals do not make any provision for an independent role, as currently provided by the CDMC, to protect the client.
- Replacement of the CDM Co-ordinator (CDMC) role with a Principal Designer responsible for health and safety in the design team. The role can be fulfilled by an individual or organisation.
- Replacement of the ACOP with tailored guidance. No date has been announced for HSE issue of the guidance documents.
- Creation of client duties for domestic projects which can be transferred to the Principal Designer and/or Principal Contractor.
- Client must ensure that the Principal Designer for health and safety complies with their duties. Requires the client to be informed and aware of their role and responsibility (difficult for ad-hoc and lay clients).
- Client must ensure that the Principal Contractor complies with their duties. The draft regulations provide no indication as to how compliances are achieved.
- The notification trigger (the point at which an F10 needs to be submitted to HSE) has been amended to 30 days and more than 20 persons on site or 500 man days.
- The Client will be responsible for notifying HSE of a project (F10 notification).
- The Client will be required to appoint a Principal Contractor and/or Principal Designer if there will be more than one contractor on site. Assuming that contractor means trade meaning any project with more than one trade on site (most) will require these appointments.
- A construction phase plan will be required for all projects. The draft regulations do not require a review or indicate any requirements for its contents.
Author: Dominic GrahamThis information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.