New CDM regulations coming into force, how will you be affected?

New Construction Design Management (CDM) Regulations, subject to goverment approval, are due to come into force in April, but what changes do the 2015 regulations bring, and how will your businesses be affected?

To answer these questions I’ve put together a brief summary of the changes heralded by the new CDM Regulations – all of these changes are covered in more detail in RoSPA’s fully up-dated CDM courses. The following is just intended as a brief guide, and in particular will be of use to duty holders within the construction industry:

What changes do the new CDM Regulations introduce?

• The role of CDM coordinator will no longer exist. If a CDM coordinator is appointed to a project they will be granted a six month grace period (from 06 April 2015, when the new CDM Regulations are dueto come into force) to continue in this role. At the end of the project, or at the end of the sixth month period (whichever occurs first) this role must cease. This is a significant change as at present the CDM coordinator fulfils an independent client-protection role covering duties such as:
  • Advise the client in appointing a Principal Designer and Principal Contractor
  • Collate information for the project’s safety file
  • Working with the Principal Contractor to moderate safety on site
  • Acting as the information hub for the project, ensuring information flows freely between other duty holders

• The Principal Designer – a new duty holder – has instead been created. This role is responsible for health and safety within the design team and can be fulfilled by an individual or organisation. In many cases it is likely to be undertaken by an architect. It is the client’s responsibility to ensure that the Principal Designer complies with their duties – in order to do this the client needs to be informed and aware of their role and responsibilities

Where two or more contractors are on site the client must also appoint a Principal Contractor, and again must ensure that the Principal Contractor complies with their responsibilities for Health and safety across the site, including:

• Site security
• Vehicle movement
• Access and egress
• Site inductions
• Managing sub-contractors
• The construction phase plan
• RIDDOR reporting

• An Approved Code of Practice (ACOP) has been replaced by tailored guidance aimed at smaller projects and particular sectors. This is intended to be easier to understand and to comply with.

• A legal obligation for duty holders to provide information, instruction, training and supervision. This replaces the duty to assess competence; however, providing that SKATE (Skills, Knowledge, Attitude, Training and Experience) is adhered to, this will still be incorporated.

• The notification trigger point (at which an F10 needs to be submitted to the Health and Safety Executive) has changed. It remains 30 days, or 500 man days but now also includes instances where there are more than 20 persons on site. This notification is remains the client’s responsibility but previously would have been actioned by the now defunct CDM coordinator role.

• Domestic clients are for the first time included in the CDM Regulations. Client duties for domestic projects can be transferred to the Principal Designer and/or Principal Contractor

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