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Changes to the CDM regulations

Insight by

amanda

Amanda Lambert

Published on

14 February 2017

CDM

Changes to the CDM regulations

There has been some recent changes to the CDM regulations which you can find below:

The HSE has now published a Q&A briefing document to help its own inspectors understand whether work falls under CDM. In doing so it has interpreted the technical wording of the construction definition in an unexpected way.

Good news!

A spokesperson told IOSH magazine that, “where maintenance activity involves construction processes, requires construction skills and uses construction materials, it is most likely to fall within the term construction work. General maintenance of fixed plant which mainly involves mechanical adjustments, replacing parts or lubrication is unlikely to be construction work.”

Note. As a result of this publication the following activities are not considered to be construction work and so are not covered by CDM 2015 :

  • treeworks, industrial cleaning, inspection/testing of services, cleaning solar panels, and similar: unless any of these works are associated with a building project
  • maintenance of fixed plant such as servicing boilers, lifts and gas appliances; and
  • minor repairs, e.g. to doors, floors, walls.

Tip. This work is still covered by other health and safety legislation, but by eliminating CDM from the equation, a more pragmatic approach can be taken.

Contractors working on domestic premises

Insight by

amanda

Amanda Lambert

Published on

23 August 2016

CDM

Contractors working on domestic premises

Contractors working on domestic premises involves contractors building extensions, alterations, new heating systems, rewiring the house, repairing or reroofing premises, etc.

Although the domestic construction sector is not as scrutinised as the larger construction sector that the main contractor controls, they are just as important to the HSE as large projects.

The general public is very aware of health and safety as everyone is subject to it at work. Today, it is common for the general public to video and take images of poor health and safety practices and submit them to the HSE, which will inspect the site.

Domestic construction phase plan CDM

In this article, we will explain the domestic construction phase plan for CDM. Does your project require a CDM plan?

Domestic projects involving only you as a contractor

On these projects, the client’s duties are transferred to you, who must carry out the client’s duties as well as your own. In practice, this will involve you doing no more than they have done in the past to comply with health and safety legislation. Compliance with your own duties as a contractor will be taken as compliance with the relevant client duties to the extent necessary, given the risks involved in the project. As a result of you taking on the client duties, any designers involved in the project will work with you in their role as the ‘client’.

Domestic projects involving more than one contractor

For projects involving more than one contractor, the Principal Contractor will normally assume the client’s duties. The domestic client can choose to appoint the Principal Designer for the project. If, however, they do not make this appointment, the first Designer appointed during the pre-construction phase is the Principal Designer for the project. If so, the Principal Designer will be answerable to the Principal Contractor in their role as ‘Client’ for the project and will be responsible for liaising with them.

Buy a completed construction phase CDM plan

You can buy a completed construction phase CDM plan that is full editable, together with other site management documents, systems and tool.

Click on the link or image to buy.

CDM construction phase template

How do the CDM 2015 regulation changes affect you?

Insight by

amanda

Amanda Lambert

Published on

12 August 2015

CDM

How do the CDM 2015 regulation changes affect you?

Did you know there are CDM 2015 regulation changes that came into place from 6 April 2015. Here is our quick guide on how they might affect you.


New legislation

From 6 April 2015, the Construction (Design and Management) Regulations 2015 (CDM 2015) came into force, replacing CDM 2007. The key changes of the new CDM regulations are listed below:

  • The revised Regulations apply to all projects including domestic client jobs
  • All projects must have a written construction phase plan
  • The role of CDM co-ordinator in the previous CDM Regs 2007 has been removed and replaced with a new role of principal designer
  • There is a duty to make sure all persons doing the job have the right skills, knowledge, training and experience
  • A Principal designer and principal contractor must be appointed on projects that will have more than one contractor

CDM 2015 main changes

CDM Coordinator role replaced by a ‘Principal Designer’. Clients are required to appoint a ‘Principal Designer’ for all projects involving more than one contractor (trade contractor) on site at one time

Client’s duties strengthened. Several of the previous functions of the CDM Co-ordinator are now to be carried out by the Clients directly, and the wording for these duties is more onerous. Additionally the Client has a new duty to ensure that both the Principal Designer and Principal Contractor comply with their duties.

Client’s “key project advisor” role removed. Previously the CDM Co-ordinator acted as the “key project advisor in respect of construction health and safety”, however under CDM2015 the Principal Designer only has to provide advice to the Client with respect to Pre-Construction Information. Accordingly, Clients that need help with their duties are advised in the HSE Guidance Document to seek competent specialist advice.

Duties to be applicable to domestic projects. For domestic projects involving more than one contractor the Principal Contractor will normally assume the Client duties. The domestic Client can choose to appoint a Principal Designer for the project. However if they do not make this appointment, the first Designer appointed during the pre-construction phase becomes the Principal Designer for the project.

Principal Designer and Principal Contractor required for all projects with more than one “trade” Contractor on site. Clients must appoint both a Principal Designer and Principal Contractor. Principal Designer’s duties include identifying and controlling risks, assisting the Client in the production of PreConstruction Information, and the preparation of the Health and Safety File. Principal Contractor duties include the planning, management and co-ordination of construction phase of the project.

Construction Phase Plan is required for all projects. The Client is to ensure that a Construction Phase Plan, provided by the Contractor or Principal Contractor, is in place before any works commence.

Threshold for notification. Notification to the HSE is required for any project exceeding 30 construction days with 20 or more workers, or if the project exceeds 500 person days.

‘Explicit competence’ requirements removed. The Client will need to ensure those that are to be appointed (i.e. Designer, Contractor or Principal Contractor and Principal Designer) can demonstrate appropriate information, instruction, training and supervision.


Further information

The CITB have produced guidance for all the roles covered under the new CDM 2015 regulations, which can be downloaded here. They have also developed a free CDM Wizard app for Android and IOS to help quickly produce construction phase plans, which can be downloaded via the links below.

The HSE have also produced detailed guidance called “Managing health and safety in construction – Construction (Design and Management) Regulations 2015”, which covers the legal requirements for CDM 2015.

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