health and safety roles and responsibilities of clients and
1.6.3 Construction (Design and Management) (CDM 2015)
Regulations
Businesses often engage contractors for construction projects at one time or another to build, convert or extend premises and demolish buildings. The CDM 2015 Regulations apply to all construction projects.
Larger projects which are notifiable (see details in Chapter 15) have more extensive requirements.
All projects require the following:
X
u clients to check the competence of all their appointees; ensure there are suitable management arrangements for the project; allow sufficient time and resources for all stages and provide pre-construction information to designers and contractors. There are special arrangements under the regulations for domestic clients (see later in this section);
X
u designers to eliminate, reduce or control hazards and reduce risks during the design and construction stage and during the maintenance and use of a building once it is built. They should also provide information about remaining risks;
X
u contractors to plan, manage and monitor their own work and that of employees; check the competence of all their appointees and employees; train their own employees; provide information to their employees;
comply with the requirements for health and safety on site detailed in Part 4 of the Regulations and other Regulations such as the Work at Height Regulations; and ensure there are adequate welfare facilities for their employees;
X
u everyone, including workers, to: assure their own competence; cooperate with others and coordinate
X
1
u arranging for their employees or other people under their control to prepare designs relating to a structure or part of a structure.
X It does not matter whether the design is recorded (e.g. on paper or a computer) or not (e.g. it is communicated only orally).
Designers may include:
X
u architects, civil and structural engineers, building surveyors, landscape architects, other consultants, manufacturers and design practices (of whatever discipline) contributing to, or having overall
responsibility for, any part of the design, for example drainage engineers;
X
u anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, such as a design manager, quantity surveyor who insists on specific material, or a client who stipulates a particular layout for a new building;
X
u building service designers, engineering practices or others designing plant which forms part of the permanent structure (including lifts, heating, ventilation and electrical systems), for example a specialist provider of permanent fire-extinguishing installations;
X
u those purchasing materials where the choice has been left open, for example those purchasing building blocks and so deciding the weights that a bricklayer must handle;
X
u contractors carrying out design work as part of their contribution to a project, such as an engineering contractor providing design, procurement and construction management services;
X
u temporary works engineers, including those designing auxiliary structures, such as formwork, falsework, façade retention schemes, scaffolding and sheet piling;
X
u interior designers, including shop-fitters who also develop the design;
X
u heritage organisations who specify how work is to be done in detail, for example providing detailed requirements to stabilise existing structures; and
X
u those determining how buildings and structures are altered, for example during refurbishment, where this has the potential for partial or complete collapse.
In summary, therefore, under CDM, a designer includes architects, consulting engineers, quantity surveyors, building service engineers and temporary works engineers.
The duties of the designer are:
X
u before starting work be satisfied that the client is aware of their duties under CDM 2015;
X
u to take into account the general principles of prevention to eliminate risks for anyone:
X
Z working on the project;
X
Z maintaining or cleaning a structure; or and a contractor as principal contractor. If the
client does not appoint a principal designer, the client must fulfil the duties of the principal designer;
X
u provide pre-construction information to each designer and each contractor engaged on the project;
X
u take reasonable steps to ensure that the health and safety arrangements are maintained and reviewed throughout the project;
X
u ensure that the principal designer complies with their duties under the regulations;
X
u ensure that the principal contractor complies with their duties under the regulations;
X
u ensure before the construction phase begins that the principal contractor (or contractor if only one is used) draws up a construction phase plan;
X
u ensure that the principal designer prepares an appropriate health and safety file for the project which:
X
Z includes information on asbestos as required under the Control of Asbestos Regulations;
X
Z is revised from time to time;
X
Z is kept available for inspection; and X
Z is passed on if interest in the project passes to another client.
Domestic clients are a special case and do not have specific duties under CDM 2015 (see the note at the end of this section).
(b) The principal designer must plan, manage, monitor and coordinate the pre-construction phase of a project, taking into account the general principles of prevention to ensure:
X
u the project is carried out safely so far as is reasonably practicable;
X
u assistance is given to the client for the provision of pre-construction information;
X
u health and safety risks are identified, eliminated, controlled or reduced;
X
u the cooperation of everyone working on the project;
X
u the preparation and revision as necessary of the health and safety file;
X
u the provision of pre-construction information to every designer and contractor; and
X
u there is liaison with the principal contractor for the duration of the project particularly over the preparation of the construction phase plan.
(c) Designers are those who have a trade or a business which involves them in:
X
u preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations and preparatory work; and
X
u where there is no principal contractor, to ensure that a construction phase plan is drawn up prior to setting up the site;
X
u to provide any employees or persons under their control, any information and instruction to ensure the safety of the project including:
X
Z suitable site induction;
X
Z emergency procedures;
X
Z information on risks to their health and safety either identified by their risk assessments or from another contractor’s operations;
X
u to provide any other health and safety training required by the Management of Health and Safety at Work Regulations;
X
u to not start work until access to unauthorised persons is controlled;
X
u to ensure that the welfare requirements in Schedule 2 of the regulations are provided for employees and others under their control;
X
u to comply with any directions given by the principal designer or principal contractor and any site rules; and
X
u to consult with their workers.
(f) Pre-construction health and safety information The client must provide designers and contractors with specific health and safety information
needed to identify the hazards and risks associated with the design and construction work. The information must be identified, assembled and supplied in good time, so that those who need it during the preparation of a bid for construction work or the planning of such work may estimate the resources required to enable the design, planning and construction work to be properly organised and carried out. The topics which should be addressed in the pre-construction health and safety information are given in Appendix 1.2.
(g) Construction phase health and safety plan The principal contractor must define the way in which the construction phase will be managed and the key health and safety issues for a particular project must be recorded. The health and safety plan should outline the organisation and arrangements required to manage risks and coordinate the work on site. It should not be a repository for detailed generic risk assessments, records of how decisions were reached or detailed method statements; but it may, for example, set out when such documents will need to be prepared.
It should be well focused, clear and easy for contractors and others to understand – emphasising key points and avoiding irrelevant material. It is crucial that all relevant parties are involved and cooperate in the development and implementation of the plan as work progresses.
The plan must be tailored to the particular project and relevant photographs and sketches X
Z using a structure designed as a workplace;
X
u if elimination is not possible the designer must so far as is reasonably practicable:
X
Z take steps to reduce and control health and safety risks through the design process;
X
Z provide information about health and safety risks to the principal designer;
X
Z ensure appropriate information is contained in the health and safety file; and
X
u provide with the design sufficient information to help clients, other designers and contractors to fulfil their duties under CDM.
(d) The principal contractor is the contractor appointed by the client. The principal contractor can be an organisation or an individual, and is the main or managing contractor. The principal contractor must consult and engage with workers on the project. A principal contractor’s key duties are to coordinate and manage the construction phase of the project and to ensure the health and safety of everybody involved with the construction work, or who are affected by it. Other duties are to ensure that:
X
u construction work is carried out safely so far as is reasonably practicable;
X
u a construction phase plan is prepared prior to setting up a site and reviewed and revised as necessary;
X
u there is coordination of the implementation of legal requirements and the construction phase plan for all people on site;
X
u necessary site health and safety rules are drawn up;
X
u suitable site induction is provided;
X
u access by unauthorised persons is controlled preventing unauthorised access;
X
u the welfare requirements in Schedule 2 of the regulations are provided throughout the construction phase;
X
u there is liaison with the principal designer throughout the project particularly regarding information for the health and safety file and management of the construction phase plan; and X
u the health and safety file is appropriately updated, reviewed and revised to take account of changes.
(e) The contractor is any person who, in the course or furtherance of a business, undertakes or manages construction work. A contractor has the following duties:
X
u not to undertake construction work on a project unless satisfied that the client is aware of their duties under CDM 2015;
X
u to plan, manage and monitor the way
construction work is done to ensure it is safe so far as is reasonably practicable;
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Figure 1.14 Domestic client: CDM applies but not notifiable because a short duration project
Figure 1.15 Large-scale contract: CDM applies and it is notifiable
making the notification as soon as possible after their appointment to the particular project. The notice must be displayed where it can be read by people working on the site and must be updated as necessary. (See Chapter 15 for the details required.) Notification does not give rise to any additional duties.
(k) Domestic clients
Unless there is a written agreement between the domestic client and the principal designer, the duties of the client must be carried out by the contractor or principal contractor where there is more than one.
Where there is more than one contractor, the domestic client must appoint a principal designer and principal contractor in writing. Where no appointment is made, the first designer and
contractor appointed are deemed to be the principal one in each case.