26th January 2015

INFORMATION

UPDATE

 Issue No.  2015/02

 Sentient
              

 

CDM  - Changes from April 2015

Revisions to the Construction (Design and Management) Regulations are planned for April 2015.  New guidelines are available though they are still in draft form.  The following summary addresses the key points.

THE DRAFT REGULATIONS PROPOSE SIGNIFICANT CHANGES

POTENTIAL IMPACT

Structural simplification of the Regulations.

The HSE proposes to make them clearer and easier to understand. This is largely aimed at small to medium projects which tend to use Small Medium Enterprise (SME’s) companies

CDM Coordinator role replaced by a ‘Principal Designer’.

When the regulations come into force a Client will need to appoint a ‘Principal Designer’ for all projects involving more than one contractor (trade contractor) on site at one time. Any Designers appointed should not carry out any work beyond initial design unless the Principal Designer has confirmed that the Client is aware of their duties.

Principal Designer and Principal Contractor appointed for all projects with more than one “trade” Contractor on site.

The Client must appoint both the Principal Designer and Principal Contractor in writing, otherwise they are deemed to be carrying out these roles

Duties to be applicable to domestic projects.

It is proposed for projects involving more than one contractor that the Principal Contractor will normally assume the Client 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.

Construction phase plan is required for all projects

The Client is to ensure a Construction Phase Plan provided by the Contractor or Principal Contractor is in place before any works commence.

Threshold for notification.

The Client will need to notify the HSE of projects before works commence if they will exceed 30 construction days with 20 or more workers working simultaneously 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.

The current Approved Code of Practice (ACoP) will be substituted with HSE and Construction Industry Training Board (CITB) Industry Guidance.

The latest proposal is that a mini ACoP will be published after the legislation goes through on 6 April 2015. Meanwhile HSE Legislation Series and CITB Industry Guidance will be available from January 2015.

Information, Instruction, Training and Supervision (IITS) requirements.

Anyone working on a construction project should be able to demonstrate capability and have the necessary resources to fulfil legal duties. They must provide sufficient information in relation to the preparation, provision and, where necessary, revision of health and safety information such as Pre-Construction Information, Construction Phase Plans and Health & Safety Files.

 

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