CDM 2015 principal designer duties

[edit] Introduction

The Construction (Design and Management) Regulations (CDM Regulations) 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 and revised in 2007. A further revision came into force in April 2015.

For more information see: Principal designer.

One of the key changes introduced by CDM 2015 is the replacement of the role of CDM co-ordinator (CDMC) with a principal designer (PD). The principal designer has responsibility for co-ordination of health and safety during the pre-construction 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.

Guidance published by the Health and Safety Executive in January 2015 defines principal designers as '...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.' This may be combined with other roles on the project, such as project manager or architect.

The guidance suggests that the role of principal designer includes:

• Informing the client of their duties under the regulations.
• Planning, managing and monitoring health and safety in the pre-construction phase, including identifying, eliminating or controlling foreseeable risks, and ensuring designers carry out their duties.
• Helping compile pre-construction information and providing it to designers and contractors.
• Preparing the health and safety file and then reviewing, updating and revising it as the project progresses.
• Liaising with the principal contractor to help in the planning, managing, monitoring and co-ordination of the construction phase.
• Taking into account the general principles of prevention.
• Ensuring that all persons working in relation to the pre-construction phase cooperate with the client, the principal designer and each other.
• Checking that designers have sufficient skills, knowledge, experience and (if they are an organisation) the organisational capability to carry out the work.

In addition, domestic clients can choose to have a written agreement with the principal designer to transfer their duties to the principal designer.

The principal designer should be appointed as early as possible in the design process (if practicable at the concept stage) and at least before the start of the construction phase, so they have enough time to carry out their duties to plan and manage the pre-construction and construction phases. If a client fails to appoint a principal designer, the client must carry out their duties.

If domestic clients on projects involving more than one contractor fail to appoint a principal contractor and principal designer, those duties will fall to the designer and contractor in control of the pre-construction and construction phases. See CDM for self-builders and domestic clients for more information.

Guidance for small businesses has been produced by the Construction Industry Advisory Committee (CONIAC), although the PDF version of this guidance previously published on the CITB website is no longer available online.

[edit] Legislative obligations to client

A client who is unfamiliar with construction projects will need to be made aware that the CDM Regulations apply to their project.

Architects and other designers should make clients aware of the requirement to appoint a principal designer on projects involving more than one contractor, and that work should not proceed beyond the initial design stages until this appointment has been made.

Architects are also required to make clients aware that they are registered with the Architects Registration Board (ARB) and must adhere to its Code of Conduct, under which they are required to inform clients that architects are subject to the disciplinary sanction of the Board in relation to complaints of unacceptable professional conduct or serious professional incompetence.

While CDM obligations will generally be bound into a designer's scope of services and diligently carried out, it typically falls outside that scope to supply the client with exhaustive legal detail. Clients are usually recommended to contact their own legal advisors for comprehensive legal advice on their duties.

CDM 2015 requires principal contractors and designers (as well as others involved in the project) to advise the client of their responsibilities regarding CDM, and to advise the client on the adequacy of the sums and time allowed to give effect to health and safety measures.

In February 2020, the Health and Safety Executive (HSE) announced research to better understand the benefits and challenges of the principal designer role. Following this, HSE's second Post Implementation Review of CDM 2015 concluded that the regulations remain fit for purpose, with no changes required to the legislation itself. Rather than amending the regulations, HSE indicated it would focus on strengthening guidance for dutyholders, including clearer guidance on client obligations and principal designer competency requirements, and on producing more targeted guidance for small and medium-sized enterprises.

[edit] Related articles on Designing Buildings

• CDM.
• CDM for self-builders and domestic clients.
• CDM 2015.
• CDM 2015 client duties.
• CDM 2015 contractor duties.
• CDM 2015 designer duties.
• CDM 2015 draft guidance.
• CDM 2015 legal considerations.
• CDM 2015 principal contractor duties.
• CDM 2015 worker duties.
• CDM regulations.
• Health and safety.
• Health and Safety Executive.

Comments

Even the HSE does not understand these awful new regulations, for example on a domestic project with no designer, who assumes the principal designer duties ?