1. CDM 2015 Key Changes and Duty-Holder Responsibilities
Coming into effect 6th April 2015
Discussion: Impacts on Fife Council
HSE propose revised Regs to be in place by 6th April 2015.
NOT referred to as CDM 2014 as suggested in earlier consultation.
(consultation ended 6th June 2014)
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2. CDM 2015 Objectives maintain or improve worker protection
simplify the regulatory package
improve health and safety standards on small construction sites
implement the Temporary or Mobile Construction Sites Directive (TMCSD) - in a proportionate way
discourage bureaucracy
Consultation Document sets out a compelling argument for change (and simplification) i.e.
Injury and ill-health in construction remain at unacceptable levels
New Regulations much simpler, streamlined and follow a Project pathway.
CDM not reaching smaller contractors – but bear in mind HSE expectation of Las when engaging smaller contractors
TMCSD – UK pressure to comply with all aspects – e.g. application to domestic clients
Regulations and ACoP are too complex and not suited to ready compliance, particularly by SMEs
CDM 1994 and 2007 (along with complex ACoP) have encouraged an overly bureaucratic approach, poor coordination and consideration of risk, burdensome PQQ, restrictive application of card schemes, etc.
The CDM-C role has failed to deliver (lack of engagement, late appointment, etc.)
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3. “Not about radical change for well-managed Projects”
CDM 2015
“Not about radical change for well-managed Projects”
Anthony Lees HSE
From webinar available on IOSH website March 2015

4. CDM 2015: The Changes
CDM-C ‘replaced’ by a new duty holder: the Principal Designer
Client appoints Principal Designer & Principal Contractor if more than one contractor
Construction Phase Plan for ALL Construction Projects
4. Notification criteria aligned with TMCSD
Duties extend to domestic Clients
Removal of explicit competency requirements (CDM2007 Reg.4)
7. Simplified Structure, targeted Guidance – ACoP withdrawn
8. Fife Council ‘legacy’ issues.
See next slide
(Discuss now – double whammy!) Note that both PD and PC appointments (in writing) are triggered when there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project at any time (note the distinction: “at any time” - not any one time)
Slide 6
Slide 7
Proposals include a quite elegant solution by a default “deeming” application to other duty holders.
6. Withdrawing of explicit requirement (and various schedules, appendices etc within current ACoP) to encourage a proportionate approach, enabling use of SSIP, deflect over-zealous insistence on CSCS etc.
7. Self –explanatory, but ACoP withdrawal creates a vacuum.
8. Discuss at end issues FC never really dealt with from ‘94 and ‘’07 iterations.
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5. The Principal Designer (Reg. 11)
“principal designer” : a designer in control of the pre-construction phase.
CDM 2014 requires the appointment of a Principal Designer (and a PC) if a project involves more than one contractor.
Principal Designer must plan, manage, monitor and coordinate the pre-construction phase of a project
promptly provide pre-construction information
liaise with the principal contractor as appropriate for the duration of the project
prepare (and revise from time to time) the h & s file.
Above definition from the proposed Regulations.
For legal purposes, a Team. For practical purposes, will need individual involvement in ensuring key Project milestones aren’t skipped.
Fife Council – yes (legal entity) Property Services, Transportation etc – yes, but we need to know who is making sure the thing is done!
Principal Designer appointment (in writing) triggered where there is more than one contractor or if it is reasonably foreseeable that more than one contractor will be working on a project at any time.
Provision of preconstruction information to other designers and to contractors directly appointed by the Client.
HSE CD: “The PD function will rest with an individual or business in control of the preconstruction phase. The default position will be that the responsibility for discharging of the function is within the existing project team”. HSE expect a moving away from a ‘default’ position where an external contractor/consultant is appointed towards (adoption of) an integral business function.”
Paragraph 42 (page 11) of the CD pdf outlines the Principal Designer responsibilities, see also regulation 9 proposals (page 27 of the CD pdf).
Not specifically reflected in 2015 draft Regs /Guidance. Nothing specifically stating the PD has to be involved in the design of the Project (but he must be a Designer). IMO no way an external appointment could discharge Reg11 duties on an in-house Project.
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6. CDM 2015: Pre-construction Information
Client (all Projects) no change
Designers no change
the Principal Designer
CDM-C as was (?), but for all Projects >1 contractor
Re-cap: lest we forget!
Regs. 4,8 CDM 2007 CDM Client to provide info. to all appointments/prospective appointments.
Regs 9, 11 CDM 2007 Designers to provide info. on or with the design to clients, contractors, other designers.
PD new duty holder CDM As per CDM-C ‘old’ CDM for any Project having >1 contractor ay any time.
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7. CDM 2015:Construction Phase Plan (Regs 12 & 13)
Prepared by the PC or the Contractor for ALL Construction Projects - a proportionate approach
a document recording the health and safety arrangements, site rules and special measures for the construction work
HSE propose to provide templates for SME /domestic projects.
Via a proportionate approach. Note the proposed withdrawal of the ACoP means a greater scope for providing information proportionate to the needs and risks associated with the Project – e.g. scope for use of RAMS etc.
n.b. Regulations 12(1) and 15(5) “before setting up a site…..draw up a construction phase plan”
“construction site” includes any place where construction work is being carried out or to
which the workers have access, but does not include a workplace within it which is set aside
for purposes other than construction work.
Regulation 2: “construction site” includes any place where construction work is being carried out or to which the workers have access, but does not include a workplace within the site which is set aside for purposes other than construction work.
Note that HSE CDM2015 appears to be going beyond TMCSD requirements here. TMCSD only requires a (safety and health plan) where more than one contractor is present on site.
Note HSE proposals to provide templates for SME jobs (extensions, re-roof etc.) – removing ACoP: acceptance that there is no “one size fits all” – proportionate approach
Our Corporate Contractor Rule Set should provide a cornerstone – at least for Property-related Projects, this document could be modified to make explicit our requirements for welfare etc.
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8. CDM 2015: Notification Thresholds
projects lasting more than 30 working days and having more than 20 workers working simultaneously at any point in the project; or
exceeding 500 person-days.
notification of domestic clients’ projects that exceed this threshold.
No longer the trigger for additional appointments
Align with TMCSD – change is the bit in bold
HSE suggest therefore a reduction in the number of projects that need to be notified.
NOT A TRIGGER for additional appointments. Notification is (as always) for the convenience of HSE.
Notification is a CDM Client duty HSE expect Notifications to drop 50% (Anthony Lees, HSE)
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9. CDM 2015 All Projects Projects with>1 contractor
Client (inc. domestic)
Designers
Contractor
Additional written appointments by the Client:
Principal Designer
Principal Contractor
Client and others can assume more than one role
Appointments triggered by contractor involvement, not by the notification trigger.
Distinction: Contractors involved in construction work within the Project – not distinguished by client direct appointments.
Note that both PD and PC appointments (in writing) are triggered when there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project at any time (note the distinction: “at any time” - not any one time)
*Where there is an element of design – design eztends to specification of materials, finishes etc.
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10. CDM 2015: (Recap)The Changes
CDM-C ‘replaced’ by a new duty holder: the Principal Designer
Client appoints Principal Designer & Principal Contractor if more than one contractor
Construction Phase Plan for ALL Construction Projects
4. Notification criteria aligned with TMCSD
Duties extend to domestic Clients
Removal of explicit competency requirements (CDM2007 Reg.4)
7. Simplified Structure, targeted Guidance – ACoP withdrawn
8. Fife Council ‘legacy’ issues:
Health and Safety Files
Direct and ad-hoc commissioning
Competency evaluation
Overlapping Projects
Recap
Legacy issues; CDM 1994/2007 issues – will hold back effective 2015 compliance.
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11. CDM2015: points of interest?
The Principal Designer need not be designing for the appointed Project.
but he must be a designer, and he must have a close overview
A Notifiable Project might not need a PD or PC
e.g. the Project only involves one contractor
No legal requirement for a CPP to be available on Site
and it need not exist in hard copy form. F10 still to be displayed on Site
That first point is helpful. Note external appointment (Arms length) cannot realistically discharge Reg11 duties, or assume PD role, for bulk of our Projects.
The others need careful consideration to enable FC to develop a practical, value-added and proportionate approach to compliance.
n.b. Site Surveys are not classed as construction work. Site prep./clearance and enabling works (scafffold) are

12. CDM 2015: Pros and Cons Pros Cons (?) Simpler Regulations
Targeted Guidance
Duty Holder approach
Reduced Notification
TMCSD transposed (?)
Burden on PD
No ACoP
Gold Plating
More Change!
Simpler Regs – of little consequence to duty holders, but may mean simpler guidance.
Targeted Guidance – benefits SMEs. Some already exists (e.g. Constructionskills small Client guide)
Duty Holder Approach is simpler than TMCSD – (PD might disagree!)
Burden on PD – FC Property Services –all CAs – a significant change – or just T/Ls? H&S Files??/ PCI for the PC
ACoP a vacuum to be filled – by whom
TMCSD has one safety and health plan – updated and transferred across Project phases. HSE persist with 2 –step PCI/CPP term and process in CDM2014. TMCSD has different duty holder approach.
Gold Plating via: above 2-step approach application of slightly different definition of threshold? TMCSD “more than one contractor is present” CDM2014 more than one contractor involved at any time. Requirement for CPP to include “management arrangements”
Industry struggled to comply with 1994 and 2007 – another big upset with 2014.
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13. CDM2015 General Duties
Appointed duty holders have and maintain competence
Cooperate with the Project Team
Cooperate with any adjoining Construction Site
Report recognised danger to those in control
Provide comprehensible info. and instruction
Paraphrased from Regulation 8 CDM2015. Domestic Client bit omitted

14. The CDM 2015 Client
Maintain management arrangements, time and other resources.
Provide preconstruction information
Ensure adequate welfare for construction workers
Ensure CPP prepared
Maintain health and safety files
Ensure appointments comply with duties
Notify HSE (where relevant)
See also general duties
And pass on the File if he disposes of structure
Regulations 4.5 and 6 of CDM2015

15. Designers
eliminate, reduce or control foreseeable risks arise from their design, considering:
- construction; and
- maintenance and use
provide information to other members of the project team
Provide information on or with his design
ensure appropriate information is included in the health and safety file
No change here, other than H&S File – and this needn’t be done first hand. Regulation 9 of CDM2015
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16. The Principal Designer
plan, manage, monitor and coordinate the pre-construction phase of a project, including:
identifying, eliminating or controlling foreseeable risks;
ensuring designers carry out their duties;
Take account of work sequencing and time required.
Support Client with provision of pre-construction information to those who need it.
liaise with the principal contractor as required for the duration of the project.
prepare (and revise as required) the h & s file.
“principal designer” : a designer in control of the pre-construction phase (defined in CDM2015)
HSE CD: “The PD function will rest with an individual or business in control of the preconstruction phase. The default position will be that the responsibility for discharging of the function is within the existing project team”. HSE expect a moving away from a ‘default’ position where an external contractor/consultant is appointed towards (adoption of) an integral business function.”
CDM 2014 requires the appointment of a Principal Designer (and a PC) if a project involves more than one contractor.
For legal purposes, a Team. For practical purposes, will need individual involvement in ensuring key Project milestones aren’t skipped.
Fife Council – yes (legal entity) Property Services, Transportation etc – yes, but we need to know who is making sure the thing is done!
Principal Designer appointment (in writing) triggered where there is more than one contractor or if it is reasonably foreseeable that more than one contractor will be working on a project at any time.
Provision of preconstruction information to other designers and to contractors directly appointed by the Client.
Paragraph 42 (page 11) of the CD pdf outlines the Principal Designer responsibilities, see also regulation 9 proposals (page 27 of the CD pdf).
Not specifically reflected in 2015 draft Regs /Guidance. Nothing specifically stating the PD has to be involved in the design of the Project (but he must be a Designer). IMO no way an external appointment could discharge Reg11 duties on an in-house Project.
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17. The Principal Contractor
Plan, manage, monitor and coordinate the construction phase
liaison with the client and principal designer
prepare the construction phase plan
organise cooperation and coordination between contractors
Provide suitable site inductions
prevent unauthorised access
Consult and engage with workers
Provide adequate welfare facilities
Nothing much new to see here. Note the proportionate nature of the CPP across a broader range of Projects involving >1 Contractor

18. Contractors
Plan, manage and monitor construction work under their control
coordinate their activities with the Project Team
Comply with direction given by the PC
For single Contractor Project:
prepare a CPP
Provide suitable site inductions
prevent unauthorised access
Consult and engage with workers
Provide adequate welfare facilities

19. Re-cap of CDM 2015 Objectives
maintain or improve worker protection
simplify the regulatory package
improve health and safety standards on small construction sites
implement the Temporary or Mobile Construction Sites Directive (TMCSD) - in a proportionate way
discourage bureaucracy
“not about radical change”
Consultation Document sets out a compelling argument for change (and simplification) i.e.
Injury and ill-health in construction remain at unacceptable levels
New Regulations much simpler, streamlined and follow a Project pathway.
CDM not reaching smaller contractors – but bear in mind HSE expectation of Las when engaging smaller contractors
TMCSD – UK pressure to comply with all aspects – e.g. application to domestic clients
Regulations and ACoP are too complex and not suited to ready compliance, particularly by SMEs
CDM 1994 and 2007 (along with complex ACoP) have encouraged an overly bureaucratic approach, poor coordination and consideration of risk, burdensome PQQ, restrictive application of card schemes, etc.
The CDM-C role has failed to deliver (lack of engagement, late appointment, etc.)
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