1. CDM Regulations 2015
The Practical Implications of the Changes for the Construction Industry
17th June 2015
Slide 1
They say a journey of a thousand miles starts with a step, the CDM regulations first came into place in 1994 right after the publication of the 1992 European Directive.
After a lot of alterations and consultation the CDM 2007 regulations came into effect and some of its main aims were to reduce bureaucracy, improve focus on client and competence assessment, simplify the regulations for easy understanding, and to improve co-ordination by introducing the CDM co-ordinator role.
During that time, the fatal injuries rate in construction have dropped from 105 in 2000/01 to 39 in 2013/14 and more importantly the Fatal Injury Rate for construction workers has dropped from 6.0 per 100,000 to 1.9 per 100,000 over the same period.
So you might be forgiven for wondering why the HSE are making wholesale changes to the regulations.

2. Steve Ash MSc (Hons), CMIOSH, RMaPS (NOS), OSHCR, PGDip, DipSM, MIIRSM
Faithful+Gould
Head of Health and Safety, West Region
Chair for the Welsh Region of APS
Executive Committee Member of IOSH, Bristol & West Region
Member of the HSE working group on BIM4Regs
Master Degree in Occupational Health and Safety
Chartered member of IOSH
Member of Occupational Safety and Health Consultants Register
Carpenter and Joiner
Clerk of Works
Appionted Person

3. UK Legislation What does ALL UK legislation have in common?
It sets a minimum standard

4. CDM 2015, So Far
The CDM Regulations 2015 were introduced 78 days ago on the 6th April The third reiteration of the orginal1994 Regulations. How has the Construction Industry accepted and implemented CDM2015?
The HSE has been proactive

5. What is the HSE currently doing?
During March 2015 HSE construction inspectors carried out a two-day inspection of domestic basement (non- notifiable) projects in London boroughs of Kensington and Chelsea and Fulham and parts of Westminster.
What did they find?
127 sites were inspected
136 contractors met
Enforcement action taken at 62 sites visited (48.8% non-compliant nearly 1 in 2 sites)
Main areas of concern
Working at height – risk of workers falling from height, either into underground excavations or through unprotected floor openings, lack of edge protection
Excavation – Unshored excavations
Welfare – Poor or absent welfare facilities for workers
Work not properly planned – Failure to appoint a competent temporary works engineer to design suitable propping to support excavations and existing structure

6. What is the HSE currently doing?

7. CDM 2015
The regulations apply to all construction work which is defined as the carrying out of any building, civil engineering or engineering and construction work and includes:
Construction, alteration, conversion or fitting out
Preparation including site clearance, investigation, clearance & excavations
On site assembly of prefabricated components
Commissioning
Renovation
Repair
Upkeep, redecoration or other maintenance
M&E install / commissioning / maintenance and repair within or fixed to a structure
Decommissioning
Demolition or dismantling of a structure
Slide 4
The HSE proposes significant changes to the existing CDM Regulations which will affect all who work in construction but particularly Clients, Designers, CDM Co-ordinators and Principal Contractors.

8. CDM 2015 There are five duty holders under the proposed regulations:
Client
Principal Designer (PD)
Designer
Principal Contractor (PC)
Contractor
+ additional guidance for workers
Only the Client and Principal Designer have enhanced
or new duties under CDM2015
Slide 5
Replacing the CDM Co-ordinator (CDMC) role with a Principal Designer (PD). - This element raised several concerns from bodies such as RIBA and APS, particularly over both the designers’ desire and capability to successfully deliver the new role.
One of the reasons for this proposal was the HSE’s belief that in some cases the CDM-C role adds cost without adding value. Not necessarily the CDM-C’s fault – often they are brought in too late and are under-resourced. But the main problem is lack of integration into the project team.
Where industry views were split on whether the approach to individual competence would maintain standards of health and safety, with 50% of respondents feeling that the removal of the explicit individual competence requirements in CDM 2007 would not have any adverse effect on health and safety.
HSE and CITB producing guidance notes for each role, however, these will not be available until 6 months after the regulations come into force.

9. CDM 2015 Significant Changes from CDM2007
The draft regulations propose significant changes:
ACoP replaced with individual L-series guidance for each duty holder
CDMC replaced by ‘principal designer’
Explicit competence requirements removed
All duty holders must have the necessary skills, knowledge & experience (on a project by project basis)
Client must ensure the principal designer & principal contractor comply with their duties
Applicable to domestic clients
PD & PC appointed for all projects with more than one contractor
Construction phase plan is required for all projects
Slide 6
The ACoP would be replaced with a suite of tailored guidance aimed at particular sectors, in particular smaller projects. Only 33% of all those respondents who answered the proposal to replace the ACOP with guidance supported it. The HSE now recognises that a strong case has been made to develop a shorter “signposting” ACoP, which will now be complemented by the proposed individual role guidance documents. 

10. HSE description of Skills, Knowledge, Experience & Training
Competence is the ability to undertake responsibilities and to perform activities to a recognised standard on a regular basis. Competence is a combination of practical and thinking skills, experience and knowledge. Source: Ref. 1. HSE. Truly effective health and safety management requires competency across every facet of an organisation and through each level of the workforce. HSE: The Health and Safety of Great Britain \\ Be part of the solution. HSE. Competence can be described as the combination of training, skills, experience and knowledge that a person has and their ability to apply them to perform a task safely. Other factors, such as attitude and physical ability, can also affect someone’s competence. HSE. Under CDM 2015 the duty to appoint suitable persons with relevant skills, knowledge, experience and training for each role is with the client. There is NO established standard, the HSE expects industry to establish standards across the construction industry.

11. The Principal Designer
The Principal Designer can be an individual / business within the pre-construction team or a third party with the necessary skills, knowledge, experience & training
The PD is the ‘’Designer ‘’ with control over the pre-construction phase of the project
Responsible for:-
Planning, managing and monitoring the pre-construction phase
Ensuring that risks are eliminated or controlled through design
Passing information on to the Principal Contractor
Ensuring co-operation and co-ordination
Ensuring designers comply with their duties
Assisting the client in preparing the pre-construction information; and
Preparing the health and safety file
Slide 10
We as an organisation have already had discussions with architects who have stated that our engagement would be as that third party.
Clearly a number of the responsibilities on the slide were previously covered by the CDM Co-ordinator i.e. cooperation and coordination, pre-construction and health and safety file.

12. HSg Draft Comments on the Principal Designer Role
As the Principal Designer, you have overall responsibility for controlling health and safety in the pre-construction phase. In order to do this you must be able to demonstrate to yourself and the client that you are able to plan, manage, monitor and co-ordinate health and safety during this stage of the project.
Your duties as a Principal Designer apply regardless of the contractual arrangements for the appointment of other designers on the project and irrespective of whether or not the project is notifiable to the HSE.

13. Are You a Designer?

14. Designers
‘’Designer’’ means any person (including client, contractor etc) who :-
Prepares or modifies a design
Relating to a structure or to a product or M&E system
Or arranges for or instructs anyone under their control to do so
Design relating to a structure is defined under the regulations and includes:-
Drawings
Design details
Specifications & Bills of Quantities
Specification of articles or substances
Design calculations

15. Designers – PM’s, QS’s, BS’s, Engineers etc
‘’Designer’’ can be any of the following:-
Architects
Consulting engineers
Interior designers
Temporary works designers
Chartered surveyors
Technicians
Specifiers (QS’s & Project Managers)
Principal contractors
Specialist contractors
Clients
Others

16. Clients Duties
A client must make suitable arrangements for managing a project, including the allocation of sufficient time and other resources.
Arrangements are suitable if they ensure that—
(a) the construction work can be carried out, so far as is reasonably practicable, without risks to the health or safety of any person affected by the project; and
(b) the welfare facilities required by Schedule 2 are provided
A client must ensure that these arrangements are maintained and reviewed throughout the project
Where there is more than one contractor the client must appoint a PC & PD
If an appointment is not made the client must fulfil the roles
Before construction begins a suitably developed construction phase plan must be in place
Remove the domestic client exemption - defaults position, duties fall to the contractor, PC or PD
Slide 14
Under CDM 2007, a requirement was placed on the principal contractor to check the competence of all appointees and provide any further information and training needed for the work.
CDM 2015 proposes to remove the explicit requirements covering competency, however, as the slide shows Clients must ensure that contractors they appoint receive the necessary information, instruction, training and supervision.

17. All Duty Holders Must
Complete and record compliant documentation proportionate to the inherent foreseeable risk of the specific project

18. Questions and Answers

19. Steve Ash, Head of Health and Safety, West Region
Faithful+Gould
Bristol