We specialise in the CDM Regulations

The broad principles are to ensure that:

We will firstly summarise the commercial client duties; domestic client duties are different and also simpler, but still exist and can be reviewed by accessing the following links:

Where there is likely to be more than one contractor working on the project at any time, the client has to formally appoint a principal designer. If the Client does not do this, then they are responsible for undertaking the principal designer duties.

Where there is likely to be more than one contractor working on the project at any time, the client has to formally appoint a principal contractor. If the client does not do this, then they are responsible for undertaking the principal contractor duties.

Pre-construction Information has to be provided to each designer and contractor by the client with the principal designer providing assistance. The principal designer is to provide assistance only to the client in the preparation of pre-construction Information; this is an important difference between the 2007 and 2015 regulations, as previously the CDM-C would provide continued to provide assistance throughout the construction phase.

In most cases these duties are classified as “must do“ so there is no pathway to avoidance because of for example financial restrictions.

The client must ensure that:

Clients are required to implement/maintain/review arrangements to ensure so far as is reasonably practicable, that construction work can be carried out without risk and that there are suitable welfare arrangements for the construction stage. These arrangements must be maintained and reviewed throughout a project.

The client must notify the HSE when a project is defined as being notifiable; although they can request that someone does this on their behalf.

The client must ensure that the principal contractor has prepared a construction phase plan. 

The client must ensure that the principal designer prepares an appropriate health and safety file.

This document has to be in place as soon as the project commences and is maintained and updated so that at any time it can be handed to a principal contractor (if design has finished) or to a replacement principal designer.

In summary the client is now placed in a position whereby the management of all the various duty holders and the application of the regulations become their overall responsibility which cannot be avoided.

Professional bodies and individual providers of construction health and safety are offering a variety of solutions to assist clients in ensuring compliance the CDM 2015 regulations.

Terminology may differ slightly from firm to firm but in essence what is generally being offered is:

• A CDM consultant role which could deal with the client duties and sit between the client and the duty holders above the principal designer
  
• Carrying out the role of principal designer where they comply with the definitions of designer under the guidelines to the regulations or providing this role via an existing lead designer who does not have the necessary skills, knowledge or experience
  
• A combination of 1 and 2 above so that the client has protection throughout the pre-construction and construction phases.
  

We have taken on board the need to manage the process by establishing the role of the CDM design and construction manager. Their role is to provide the client with effective and demonstrable solutions to all the client duties under the CDM regulations 2015. 

We have also looked at the requirement to appoint a principal designer who has the necessary skills, knowledge and experience and is willing to accept the role.

A client may be faced with a situation whereby there is no member of the design team who can demonstrate that they are capable of being the principal designer or perhaps wants to be.

The client however has to appoint or be faced with the unavoidable situation of having that statutory duty.

As a practice we carry out design as part of our normal day to day functions. We hold professional qualifications that confirm we are designers (conforming to the HSE guidelines) and we carry professional indemnity insurance for acting as a principal designers under the CDM regulations 2015.

Our solution therefore is for a client to appoint us as the CDM design and construction manager with a remit to be in control of the design/health and safety issues of the pre-construction phase; in parallel appoint us as principal designer.

Large contractors will often have their own in house health and safety departments but the small to medium size firms increasingly find themselves at a loss when required to put down on paper what they may have been doing for many years.

It’s an issue well recognised by all, and particularly by the HSE, who see a larger proportion of accidents on the smaller sites. When investigated these accidents often cannot be defended by a recorded thought to paper process with risk assessments and method statements.

Our intention is not only to provide contractors with scheme specific risk assessments, method statements and on larger projects –construction phase plans; that’s only part of what we deliver; we also welcome the opportunity to work with you to give guidance at site level to put these processes into application. Our input can be as much or as little as you need. Talk to us and see how we can help you.

http://www.hse.gov.uk/risk/casestudies/flats.htm Example of risk assessments procedure for maintenance

http://www.hse.gov.uk/pubns/guidance/em1.pdf What to do if you uncover or damage materials that may contain asbestos

http://www.rsabroker.com/content/filestore/Public%20Files/Documents/RMG/RMG97AsbestosContractors.pdf Asbestos work - contractor’s guidance

http://www.hse.gov.uk/pubns/cis59.pdf Provision of welfare facilities during construction work