CDM 2015 Construction Industry Update

Nattasha Freeman
January saw the HSE release the draft CDM2015 L-series guidance, the regulations and the role specific guidance notes.

All are accessible on either the CITB or HSE websites. The regulations will now come into force in April 2015. The guidance notes are marked draft because one more ministerial signature was needed: but a twelve week window is required for the industry to see sight of major changes to legislation, to enable them to be issued on the 6th April. The regulations will become effective immediately – no breathing in period. This means that HSE fines/enforcement action can be instigated without delay if applicable.

We are conducting nationally, a series of awareness briefings to raise awareness both internally and assist clients and partners externally through the changes. The response from the majority of people we have spoken to receiving the presentation raises two risk areas that are not immediately apparent when glancing at the change headlines:-

  1. It is generally considered that as the “competence” wording has been removed they will not need to demonstrate that people have the skills, knowledge and experience to undertake the role. Many do not realise that the Health & Safety at Work etc Act (HASAWA) still requires that competence be required and demonstrated

  2. People think that the CDMC just disappears. They do not realise the full the impact of this, in that provisions need to be made all the way through from signing of the contract through to supply chain delivery.

Key Headlines from the draft L-series and Regulation Documents

  • The client is responsible for lodging the F10 and providing the written appointment of the Principal Designer (PD) and Principal Contractor (PC)

  • The client must ensure not only that suitable arrangements are in place for managing a project but also ensure that the arrangements are maintained and reviewed throughout

  • Where there is more than one Contractor, a PD and a PC need to be appointed

  • A construction phase plan (CPP) is required for all projects

  • The PD is responsible in the preconstruction phase for passing information to the PC

  • The PD is responsible for health and safety in the pre-construction phase of the project and must have the necessary skills, knowledge and experience

  • The PD is responsible for preparing the health and safety file

  • A designer can be an architect, consulting engineer, interior designer, temporary works designers, chartered surveyors, technicians, specifiers (QS’s), principal/specialist contractors

  • A design can be drawings/design details/specifications inc. articles or substances/bills of quantities/design calculations

  • The PD can be an individual/business within the preconstruction team or a third party with the necessary skills, knowledge and experience

We have positioned ourselves as one of the UK’s market leaders in the delivery of CDM services and we are able to support clients, designers and contractors alike, with any aspect of compliance with the proposed new legislation.

A number of our clients have already requested that we continue on existing projects, to not only continue to discharge the duties owed under the CDM regulations, but also to support and advise them going forward. Designers are speaking to us about how we can help them deliver the PD role: this includes design and build contractors.

Within Faithful+Gould we have other colleagues who are not designers but who will become PD under the new definitions and we are being asked to help them deliver the role as part of our core one team project management delivery service. We will continue to deliver under the new CDM regulations and support our clients.

Faithful+Gould is continuing to move our strategy forward:

  • Delivering presentations to clients, designers and contractors 

  • Raising awareness and advertising our wider health and safety service offering

  • Reviewing training provisions – internal and external

  • Updating our service delivery toolkits – which will enable us to ensure all current and prospective clients, are fully prepared for a seamless transition, well in advance of the implementation date, where they engage or work with us, and or need training and support

If you have any questions or require further information on the proposed changes, the impact they will have on your business or operations, or how we may be able to help you with the new or existing duties, please contact us. We are always happy to come and visit you at your convenience.