BCD 2017

T H E B U I L D I N G C O N S E R VAT I O N D I R E C T O R Y 2 0 1 7 65 BUILDING CONTRACTORS 2 THE CDM REGULATIONS 2015 CHRIS BOWES T HIS ARTICLE aims to review the changes to The Construction (Design and Management) Regulations 2015 (CDM) and their bearing on conservation projects. The CDM regulations have been in place since 1994 and were updated in 2007 and again in 2015. Their aim is to improve health and safety by helping those involved in construction projects to plan work sensibly so the risks involved are managed from start to finish. At its core is the people involved and how they co-operate and co-ordinate work with others. The regulations are therefore intended to help them have the right information about the risks and how they are being managed, to help them communicate this information effectively to those who need to know, and to help them consult and engage with workers about the risks and how they are being managed. The main differences between the 2015 CDM regulations and the previous regulations are: • the strengthening of client duties and the introduction of a new category, ‘domestic clients’ • the omission of a CDM co-ordinator and the introduction of a principal designer for the planning, managing, monitoring and co-ordination of pre-construction phase health and safety (this is not a direct replacement – the range of duties carried out by the principal designer is different to those undertaken by CDM co-ordinators under CDM 2007) • the requirement for a principal designer and a principal contractor on all projects with more than one contractor • replacement of explicit requirement for duty holder competence with need for appropriate information, instruction, training and supervision • a change to the HSE’s notification level – now only required for projects which last more than 30 days and involve more than 20 workers simultaneously or which exceed 500 person days. Perhaps one of the most significant changes was to remove the exemption for domestic clients. This places a duty upon them to appoint the principal designer and principal contractor, where there is more than one contractor. However, if the domestic client does not make these appointments, CDM 2015 automatically transfers the client duties to the contractor or principal contractor. Another key change was the removal of the CDM co-ordinator role and the creation of the principal designer role. Here the intention appeared to be an attempt to integrate health and safety measures into the design process rather than having them as an adjunct. WHO IS AFFECTED AND WHAT ARE THEIR DUTIES? The changes mean that more people hold duties under the CDM regulations than previously, as outlined under the headings below. Organisations or individuals can carry out the role of more than one duty holder, provided they have the skills, knowledge, experience and (if an organisation) the organisational capability to carry out those roles in a way that secures health and safety. For example, an architect can act as a designer and as a principal designer if they meet the relevant criteria. Clients – these are the organisations or individuals for whom a construction project is carried out. They must make suitable arrangements for managing a project, including ensuring that: • other duty holders are appointed • sufficient time and resources are allocated to these duties • relevant information is prepared and provided to other duty holders • the principal designer and principal contractor carry out their duties • welfare facilities are provided. Domestic clients – these are the people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not. Although domestic clients are included in the scope of CDM 2015, their duties are normally transferred to the contractor on a single contractor project, or to the principal contractor on a project involving more than one contractor. However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties. Designers – these are the people who as part of a business prepare or modify designs for a building, product or system relating to construction work. When preparing or modifying designs, designers must aim to eliminate, reduce or control foreseeable risks that may arise during construction and during the maintenance and use of a building once built. And they must also provide information to other members of the project team to help them fulfil their duties. Principal designers – these are the designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role, which is to plan, manage, monitor and co-ordinate health and safety in the pre- construction phase of a project. This includes: • identifying, eliminating or controlling foreseeable risks • ensuring designers carry out their duties • preparing and providing relevant information to other duty holders • providing relevant information to the principal contractor to help them plan, manage, monitor and co-ordinate health and safety in the construction phase. Principal contractors – these are the contractors appointed by the client to co- ordinate the construction phase of a project which involves more than one contractor. They must plan, manage, monitor and co- ordinate health and safety in the construction phase of a project., including liaising with the client and principal designer, preparing the construction phase plan, and organising co-operation between contractors and co- ordinating their work. In addition, principal contractors must also ensure that suitable A conservator from Vitruvius Conservation prepares to abseil down King Alfred’s Tower, Somerset (Photo: Helen Martin, St Ann’s Gate Architects)