CDM 2015

A project is more than just a construction site

Martin Lee

Group SHEQ Manager

Content

• Background• Why change?• Hopes and expectations

• Key Changes• Duty Holders and responsibilities

• A case study for discussion• Will the new approach work?

CDM – what has it brought us?

• Devil’s advocate - Look back

• Has it produced benefits?• “Is the job CDM’able?”

• Are we engaged in the process?• Remember Part 2 of CDM07 applies to all jobs

• Often notification trigger is the only consideration for action

• CDMC appointment often too late in the day• Preventing their full potential to be realised

CDM – 20 years on

• Roles and principles highly familiar now• 2nd revision• Core ‘vision’ remains – ‘Co-ordinated project safety’• Large Clients have engaged• Ever more information for designers

• Persistent problems• Impossible scope• Little ‘ownership’ on smaller projects• Contractual compatibility?

Key Changes

• Evolution not revolution

• Client – greater responsibility

• Domestic client exemption - removed

• Competency requirements ‘unpicked’

• Embeds the ‘Coordination’ function within project team rather than a single role of CDMC

• CPP for all projects – any size of ‘construction’ work

• Threshold for appointments - >1 contractor

• Adjustments to Notification triggers

Background to 2015

• Parliamentary debate challenged aspects of CDM07

• Government agreed to a 3 year review

• Evaluation commenced in 2010

• Focus groups / CONIAC WG / Stakeholders / Inspectors

• Review Published in 2012 as part of Lofstedt review

• Positively viewed … but …• Still seen as over-bureaucratic• Competency requirements burdensome, esp for SME’s• Coordination in Pre-Con phase not working well

Background to 2015

• EU - TMCS Directive• Domestic clients & Appointment triggers

• Current position not ‘legally sustainable’• Infraction

• Significant Delays after initial drafting• Consultation exercise• Considerable response

What’s not changed?

• Part 4 – Technical standards for all construction sites

• General Principles of prevention

• Welfare requirements of Schedule 2

• Broadly … the duties of the Principal Contractor

• Streamlined• Changes to emphasis

Core Principles – manage risks

• Appoint right people at right time in the project team

• General Principles of Prevention

• Avoid Risk

• Evaluate risk that cannot be avoided

• Implement proportionate measures to control risk at source

• Information, instruction, training & supervision

• Cooperation, coordination & communication

• Consultation and engagement with workforce

Clients Duties

• ‘Clients will be expected to exercise their influence as to how a project is run’

• Similar Principals but role is ‘strengthened’• Greater emphasis in language for Client & PD• ‘shall take reasonable steps’ vs ‘must’• Demands ownership• Relationship with Principal Designer in particular will be

vital• Guidance recommends a clear written Clients ‘Brief’

Clients duties : Pre-con

• Formulate suitable management arrangements

• Select project team & appoint duty-holders

• Provide information for design & construction planning

• Notify regulator

• Ensure Principal Designer is carrying out duties

• Make sure CPP is in place prior to construction phase

Notification thresholds

• Project expected to last 30 days….

• ….and project expected to have more than 20 workers at any one time

• Or project will exceed 500 person days of work

• Stops sites from blitzing projects with labour to rush through

• Most domestic notifications excluded

• Overall – expected to reduce number of notifications

• There has always been significant under-notification

Client duties – Con Phase

• Construction phase plan reviewed periodically

• Welfare facilities in place and up to spec• Schedule 2 is unchanged

• Welfare standards still an HSE Priority

• Ensure management arrangements working

• Manage completion and handover of structure

• Post Construction

• Check H&S file prepared

• Maintain and make it available

Domestic Clients

• Work on own home and not in connection with a business

• Clients duties must be carried out by:• The contractor, on single contractor jobs

• Or, the Principal Contractor (if more than one contractor)

• Or, the Principal Designer if by written agreement with the client

• Construction Phase Plan is required

Client ‘Principals’ – PC and PD

• Must be appointed for any job with more than one contractor – no link to notification thresholds

• Guidance stresses the need for effective and sustained coordination between the Principals respective roles (and back up to the client).

• Both plan, manage, monitor and coordinate• The Pre-Con … and then Construction phases respectively• They can overlap• Guidance is ‘woolly’ on PD role duration

The Principal Designer

• The significant change over 2007 Regs

• CDMC role was highly variable in its effect• Often appointed too late by client to make positive impact

• Seen as providing competent source of advice, rather than Coordinating activity, particularly at the Pre-Con phase

• Consultation process highlighted strong views

• No accountability – No real power

• New PD Role is a significant opportunity for change

Why is the PD role so important

• It has the potential to address so many ‘gaps’

– Big difference between what is planned and what is actually is resourced/actioned at site level

– Lack of co-ordinated communication between designers and ‘constructors’

– A design commissioned as a separate contract can firmly stifle the principles of CDM

PD - Duties

• Plan, Manage, Monitor and Coordinate pre construction phase

• Ensure all other designers comply with their duties• Support the client in provision of PCI• Ensure effective cooperation with the client by other

parties• Align efforts with Principles of Prevention

• Avoid risks / evaluate remaining / Implement controls at source

• No mention of ‘Hazard’ elimination

PD – wider effect

• Role is expected to look at the whole project• Are other designers conforming to PoP?• Are pathways for liaison clear and established between all

necessary parties• Have wider design aspects included ‘buildability’, including

space, access, traffic routes ?

• Will the role work?• CDMC had relatively clear duties

Designers Duties

• Not significantly changed

• PoP’s principles apply

• Provide risk information

• With design drawings

• Refer ‘problematic’ risks back to the PD

Principal Contractor

• A success story of CDM• A familiar face within the legislation• Many are excellent• Can cover a poor client / CDMC• Often take on too much

PC Duties

• Manages and coordinates the Construction phase – little has changed

• Must liaise with the Principal Designer

• Provide information to the health and safety file

• Engage & communicate with the workforce

• Much progress on this since CDM07 arrived

• Bolstered within guidance for 2015

• LWIT

Duties of Contractors

• Little change – streamlined over ‘07

• Plan, manage and monitor their own work

• Comply with directions from PC and the PD

• Draw up a CPP, even if they are the only contractor on a small job

• Ensure necessary SKTE of appointees and supervise them

SKTE vs Competency?

• ‘Competency’ requirements are absent in 2015

• HSE acknowledge – difficult to pin down• Its about more than just a card / SSiP• replaced by Skills, Knowledge, Training and Experience• Constituent parts allow more effective assessment?

• 2 Regulations include reference

• Reg 8 – general requirements• Reg 15 - Contractors

Transitional arrangements

• From April 6th all aspects of 2015 Regs should be implemented, except:– For projects starting before April 6th and continuing

beyond:• If no CDMC or PC appointed, the client must:

– Appoint PC if construction phase has started– Appoint a PD and a PC if the Con Phase has not started

• Where CDMC already in place:– Client must appoint PD within 6 months (6th Oct)– CDMC stays in place until PD is appointed

Guidance

• HSE L-Series guidance document• NOT ACoP• Lofstedt

• ‘Signposting’ ACoP likely• Driven by consultation response• ‘CDM Worksheets’ ?• Code will not appear for a few months

• Endorsed Industry Guidance• Produced by CONIAC WG• Hosted by CITB

Guidance

• New CDM 2015 Website• CPP template for smaller sites• Guidance leaflet for commercial clients• Smartphone App

What to expect

• Trackback to Clients and Designers when incidents occur

• Far more scrutiny of Pre-Construction phase• Will the PD role work as the PC role has?

• Current Regs have strong duties for CDMC and Client

• CDM2015 is a real opportunity to drive improvements in construction– But clients and PD must be together from the concept stage

Will it work?

• An example

Future event

• Working Well Together Partnership• Safety Update Event• Thursday 30th April at Eden Project• 2 HSE Speakers

• CDM Roll Out• Occupational Health Programme update

• 2 Sessions• Event marketing will start soon – all welcome

Thank you – any questions?