Designing Buildings: Redirected page to CDM 2015

2016-05-12T07:57:39Z

Redirected page to CDM 2015

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J.stark.pringle at 17:28, 7 May 2016

2016-05-07T17:28:51Z

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J.stark.pringle at 17:25, 7 May 2016

2016-05-07T17:25:29Z

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J.stark.pringle: Created page with "The Construction (Design and Management) Regulations (CDM Regulations)
(http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and sa..."

2016-05-07T17:19:14Z

Created page with "The Construction (Design and Management) Regulations (CDM Regulations) (http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and sa..."

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The Construction (Design and Management) Regulations (CDM Regulations) 
(http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. They were introduced in 1994 following publication of European Directive 92/57/EEC on minimum safety and health standards for temporary or mobile construction sites. The CDM Regulations were revised in 2007, and a further revision came into force on 6 April 2015.

 
The latest revision resulted from:

* A perceived overinterpretation of the regulations.
* A belief that the coordination function in the preconstruction phase was often a bureaucratic add on that was not always embedded in the project, resulting in additional costs with little additional value.
* The persistence of unacceptable standards, particularly on smaller sites.

The regulations therefore made the following changes:

* Structural simplification of the regulations to make them easier to understand.
* The replacement of the Approved Code of Practice (ACOP) with more targeted guidance.
* Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
* Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
* Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
* Changing the threshold for appointment of coordinators (principal contractors and principal designers), to require coordinators where there is more than one contractor. HSE suggest that this will capture close to an additional 1 million projects a year, but that the requirements will be proportionate and little more work will be necessary. Some concern has been expressed about what constitutes more than one contractor, and how it is possible to know how many contractors may be needed.
* This separates the threshold for coordination from that of notifying the HSE, which must be done where the construction work is likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point, or exceed 500 person days.

In terms of the organisation of projects, the most significant of these changes is the replacement of the role of CDM coordinator with a new role of ‘principal designer’ (PD). The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. The role of principal designer is analogous to that of the principal contractor during the construction phase and includes:

* Planning, managing and monitoring the pre-construction phase.
* Ensuring risks are eliminated or controlled through design work.
* Passing information on to the principal contractor.
* Ensuring cooperation and coordination.
* Ensuring designers comply with their duties.
* Assisting the client in preparing pre-construction information.
* Preparing the health and safety file.

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=== CDM Issues on Site ===

* Health and safety risk on site could be the existing building, that it may contain asbestos.
* This will require a suitably skilled contractor to remove the asbestos in a safe way ensuring no harm is done to the public. The building will require a survey to establish if its structurally sound or any risks to prior construction.
* Making the client aware of their duties under the CDM 2015 regulations.
* To ensure that all information from the asbestos and building surveys is kept within the health and safety plan.
* Identify any design issues and consider any implications of any financial risk associated with the project. These risks will be clearly communicated to the contractor within the tender documentation.
* During construction, you must ensure that the contractor is following the health and safety plan and to make sure the principle designer is happy with the contractor health and safety plan.
* Who’s in charge of the site, should the site be open without the site foreman, site rules, temporary site foreman. The contractor owns the site therefore it’s their decisions. Maybe make contact and have it in writing.
* Health and safety in the work place. The health and safety officer randomly checks the place out.
* Contractor and designer duties they have the obligation to inform about the problems

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=== Case Study scenario if a construction site is suffering from mal-practices: ===

Is it a notifiable project, are the contractors fulfilling their CDM 2015 duties? Find out who’s in charge. You have the duty of care to notify the problem. Call the main contractors office. Call the HSE for their response but, this is considering to be a last resort. Principle designer should be notifying and review the situation. Prevention principles, manage risks and prevent risks. Putting up protection and reviewing the risks. Record the site, such as photographing and documenting incidences.

=== Actions to take afterwards: ===

Get everything what you saw and done in writing and contact the contractor, client anyone else who may be affected by the issue. Report what you have found. Highlight the things you found unacceptable and ask them what they going to do about and to prevent it from happening again. If all fails, get a specialist Health and safety officer to monitor the site.

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== CDM 2015 Client Duties ==

Clients are ‘…organisations or individuals for whom a construction project is carried out’. 
Domestic clients are ‘…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.’

 
Domestic clients’ 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. Alternatively, domestic clients can choose to have a written agreement with the principal designer to carry out the client duties.

 
Commercial clients, are not necessarily experts in construction and so they are not required to take an active role in managing work. However, they are required to make suitable arrangements for managing the project so that health, safety and welfare is secured. It is suggested that clients could prepare a clear client’s brief as a way of setting out these arrangements. Arrangements should focus on the needs of the particular project and should be proportionate to the size of, and risks arising from the work.

 
Very broadly, clients’ duties include:

* Ensuring other duty holders are appointed, that is, designers (including a principal designer on projects involving more than one contractor) and contractors (including a principal contractor on projects involving more than one contractor)
* Ensuring the roles, functions and responsibilities of the project team are clear.
* Ensuring that the people and organisations they appoint have the necessary skills,
* knowledge, experience and (if an organisation) the organisational capability to manage health and safety risks.
* Ensuring sufficient time and resources are allocated.
* Ensuring effective mechanisms are in place for members of the project team to communicate and cooperate with each other and coordinate their activities.
* Ensuring relevant information is prepared and provided to other duty holders.
* Ensuring the principal designer and principal contractor carry out their duties. This could be done by arranging project progress meetings or via written updates.
* Ensuring welfare facilities are provided.
* Maintaining and reviewing arrangements to ensure they remain relevant.

=== CDM 2015 Contractor Duties ===

The duties of contractors have changed slightly from the 2007 regulations. Contractors are 
defined in the guidance to the 2015 CDM Regulations as ‘…those who do the actual construction work and can be either an individual or a company’ that is, ‘…anyone who directly employs or engages construction workers or manages construction is a contractor. An individual, a sole trader, a self-employed worker, or a business that carries out, manages or

 
controls construction work as part of their business can be a contractor. This also includes 
companies that use their own workforce to do construction work on their own premises. The 
duties on contractors apply whether the workers under their control are employees, self-employed or agency workers.’

 
On projects where there is more than one contractor, the client must appoint a principal 
contractor to plan, manage, monitor and coordinate the construction phase of the project.

 
The duties of a contractor under the regulations include:

* Planning, managing and monitoring construction work under their control so that it is carried out without risks to health and safety, taking into account the risks to all those who may be affected, such as members of the public and those carrying out the construction work.
* Cooperating with other dutyholders.
* For projects involving more than one contractor, complying with directions given to them by the principal designer or principal contractor.
* Complying with the construction phase plan.
* Ensuring subcontractors and designers they appoint have the skills, knowledge and experience and, where relevant, organisational capability to carry out the work for which they are being appointed.
* Making enquiries to ensure the individuals they appoint have the necessary skills, knowledge, training and experience to carry out works in a way that secures health and safety for anyone working on the site; or that they are in the process of obtaining them.
* Establishing whether training is necessary for any worker.
* Ensuring that appropriate supervision is provided.
* Providing employees and workers under their control with the information and instructions they need to carry out their work without risk to health and safety. This must include a site induction, information about emergency procedures and information about relevant hazards.
* Not beginning work on site unless reasonable steps have been taken to prevent unauthorized access to the site.
* Providing welfare facilities. On projects involving more than one contractor, this will involve consultation with the principal contractor who has a similar duty.
* Not carrying out any construction work unless they are satisfied that the client is aware of their duties under the regulations.

If the client fails to appoint a principal contractor, the client must fulfill the duties of the principal contractor. However, if a domestic client fails to make an appointment, the contractor in control of the construction phase of the project is the principal contractor. This gives them a number of additional duties, including preparing a construction phase plan. See CDM 2015 principal contractor for more information.

 
A domestic client is someone who has construction work done on their own home, or the home of a family member, which is not done in connection with a business.

 
Where a client is a domestic client, the principal contractor must carry out the duties of the client under the regulations, however, where there is only one contractor, this means the contractor must carry out those duties (unless there is a written agreement that the principal designer will fulfill them). See Client duties under CDM 2015.

=== CDM 2015 Designer Duties ===

The duties of designers have changed slightly from the 2007 regulations. Designers are defined in the 2015 CDM Regulations as ‘…an organisation or individual, who prepares or modifes a design for a construction project (including the design of temporary works); or arranges for, or instruct someone else to do so.’

 
Designs include drawings, design details, specifications, bills of quantity and calculations. 
Designers include architects, engineers, quantity surveyors, interior designers, surveyors, 
technicians or anyone who specifies or alters a design. This can include contractors, principal contractors, specialist contractors, and commercial clients who become actively involved in design. It also includes those who select products for use in construction, and if a product is purpose built, those who prepare the specification and manufacturers if they develop a detailed design.

 
Designers must be provided with preconstruction information by the client or by the principal designer where one is required. The principal designer has responsibility for coordination of health and safety during the preconstruction phase. They are appointed by the client in projects involving more than one contractor. Preconstruction information is information in the client’s possession or information which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work.

 
The designer’s duties apply as soon as designs are prepared which may be used in construction work, including concept design, competitions, bids for grants, modification of existing designs and relevant work carried out as part of feasibility studies.

 
The duties of designers include:

* Ensuring they have the necessary skills, knowledge and experience.
* Not commencing work unless they are satisfied that the client is aware of their duties under the regulations.
* Cooperating with others involved with the project or any project on an adjoining site.
* Reporting instances where they or others are working in a way that puts them or anyone else in danger.
* Providing information to other members of the project team to help them fulfil their duties.
* Taking account of the general principles of prevention and the preconstruction information, with the aim of eliminating foreseeable risks. Where this is not possible, taking steps to reduce the risks or control them through the design process, and providing information about the remaining risks to other dutyholders.
* Where it is not possible to eliminate health and safety risks when preparing or modifying designs, designers must ensure appropriate information is included in the health and safety file about the reasonably practicable steps they have taken to reduce or control those risks.
* Agreeing with the principal designer the arrangements for the sharing of information to avoid omissions or duplicated effort.
* Ensuring that any information they provide is easy to understand and provided in good time.

=== CDM 2015 Principle Designer Duties ===

 
One of the key changes introduced by CDM 2015 is replacement of the role of CDM coordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for coordination of health and safety during the preconstruction phase. The reason for the change is to give responsibility for CDM during the design phase to an individual that has the ability to influence the design. Under the 2007 regulations, this role was often contracted out, resulting in extra costs, but the individual appointed was rarely properly embedded in the project team and so had little opportunity to influence the design.

The duties of CDM 2015 - Revision history

Designing Buildings: Redirected page to CDM 2015

J.stark.pringle at 17:28, 7 May 2016

J.stark.pringle at 17:25, 7 May 2016

J.stark.pringle: Created page with "The Construction (Design and Management) Regulations (CDM Regulations) (http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and sa..."

J.stark.pringle: Created page with "The Construction (Design and Management) Regulations (CDM Regulations)
(http://www.legislation.gov.uk/uksi/2015/51/contents/made) are intended to ensure that health and sa..."