construction (design and management) regulations 2015...
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Construction (Design and Management) Regulations 2015 (CDM)
Nicola Rose Senior EHS Consultant
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Construction safety statistics
How safe is construction?
In 2013/14,
Construction industry accounts for 5% of all UK employees, but 31% of fatalities
76,000 cases of work-related ill health
2.3 million working days lost (of which 1.7 million due to ill health and remainder to injury)
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Occupational ill health
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Type of ill health Notes
Work-related ill health Construction 30% higher than national average
Musculoskeletal disorders Almost double national average
Self-reported mental ill health (stress, depression, anxiety) Half national average
Respiratory diseases
12,000 deaths per year across all industries, of which 2/3 attributable to asbestos and COPD Over 40% of all occupational cancers were in construction. Of these, nearly 70% attributable to asbestos.
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Background
HSE review of CDM 2007 conducted in 2011:
CDM well-embedded at more organised level of construction industry, but
Poorly embedded at smaller end
Non-alignment of CDM 2007 with the European Directive 92/57/EEC - Temporary or Mobile Construction Sites, in relation to
Application to domestic clients
Threshold for notification
Threshold for appointment of coordinators
2014 consultation on changes to CDM 2007
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Timeline
CDM 2015 came into force for new projects on 6 April 2015
Transitional arrangements for existing projects between 6 April and 6 October 2015 – now finished
The end of the CDM-C?
Review of the Temporary or Mobile Construction Sites Directive
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Key changes
Creation of new duty holder – principal designer
End of CDM-C role, allocation of duties to clients and principal designers
Decrease in threshold for appointment of coordinators (PD and PC)
Increase in threshold for notification
Requirement for construction phase plan for all construction projects
Replacement of the ACoP with guidance
Removal of detailed guidelines on competence
Application (limited) to domestic clients
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CDM coordinators/ principal designers
2014 consultation document:
“There is a widely held view … that the current approach [i.e. CDM-C] is often bureaucratic and adds costs with little added value. [CDM-Cs] are often not well embedded into the pre-construction project team.
[ HSE] therefore aim[s] to replace the role with one called the ‘principal designer’ (PD). The responsibility for discharging the function will rest with an individual or business in control of the preconstruction phase. It is this element of control and influence over the design which are the fundamental differences between the CDM-C role and the PD role. The default position will be that the responsibility for discharging of the function is within the existing project team...”
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Principal designers
Must be appointed on any project where two or more contractors expected
Appointed in writing
Designer with control of the project design phase
Must be a designer or project manager (somebody who appoints designers)
Coordination of H&S design review
Ensure that designers comply with CDM, give due consideration to H&S and cooperate with other parties
If the client does not appoint a PD, the client must discharge the PD duties
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New client duties
Client duties under CDM2015 have increased, with some of the previous CDM-C duties allocated to the client.
New client duties:
Provide preconstruction information
File F10 notification to HSE;
Appoint a principal designer and a principal contractor if there will be more than one contractor working on the project
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Notification of project: F10
Client’s duty to file F10 as soon as practicable before construction begins
Notification applies where project
likely to last more than 30 days AND more than 20 workers simultaneously on site, OR
likely to last more than 500 person days
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CDM 2015: Notifiable and non-notifiable projects
Significant change!
Under CDM 2007, there was a two-tier system: “notifiable” and “non-notifiable” projects. The threshold for notification and the threshold for appointment of CDM-C and principal contractor were the same, i.e. projects over 30 days or 500 person days.
Under CDM 2015, the threshold for appointment of principal designer and principal contractor and for notification to HSE have both changed and are no longer linked.
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Construction health and safety plan
The client must ensure that construction does not commence until the principal contractor (or contractor if there is only one) has developed a construction-phase health and safety plan (CPHSP).
Under CDM 2007, the CDM coordinator reviewed the CPHSP on behalf of the client. Under CDM 2015, there is no express requirement for the client or principal designer to review the CPHSP.
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Health and safety file
Initially prepared by the principal designer during the preconstruction phase
If the principal designer’s appointment finishes before construction is complete, the principal contractor becomes responsible for the health and safety file.
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Implications for developers
Client duties have increased. Therefore…
Principal designer: in-house, lead designer or independent?
Construction-phase plan: who will review?
Preconstruction information: agree who will collate
F10 notification: agree who will complete
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CDM prosecutions: CDM Regulations
As of early 2014, there had been at least 368 prosecutions since CDM started in 1994. Principal issues:
Asbestos
Services
Falls from height/roofs
Structural erection
Excavation
Work near public
Fines range from £1 to £125,000
Note also: fee for intervention
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CDM prosecutions 1995–2011 by duty holder: 368 total cases
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Client, 48%
Principal contractor, 28%
CDM-C, 7%
Designer, 6%
Contractor, 5%CDM Part 4, 6%
ClientPrincipal contractorCDM-CDesignerContractorCDM Part 4
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Q & A
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