An outline of the major changes to the CDM Regulations and their impact on the key duty holders.

1. Supporting Businesses with Essential Risk
Management and Business Compliance Services
Health and Safety, Employment Law and
Environmental Solutions

2. CDM 2015
An outline of the changes and
new duties

3. Background
• CDM implements Council Directive
92/57/EEC of 24 June 1992 on
temporary or mobile work sites
• First Regulation 1994
• Re-written and passed into law 2007
• Lord Young and subsequent Lofstedt
Report

4. CDM 2007
• Gold plated the directive
• Role of the CDM-C
• ACOP too long and difficult to follow
• Read by the wrong people and not by the
right people
• Explicit competence requirements

5. CDM 2015
• Consultation document 31 March 2014
• Became law in January 2015
• Comes into effect 6 April 2015
IT IS GOING TO HAPPEN

6. CDM 2015
• Old regulations were 19 pages long
(excluding part 4)
• New regulations 10 pages
• 48 old regulations – 39 new
• New regulations are linear and
sequential in layout
• Mirror the life of a project from
design through construction

7. ACOP
• Old ACOP (L144) replaced by 7 Guidance
Notes
• Legal status of ACOP
• “This guidance is for those who have
legal duties under CDM2015. It explains
what they must or should do to comply
with the law…”
• New ACOP due April 2016

8. CDM 2015
• Part 1 (Regs 1-3) Commencement,
definitions and application
• Part 2 (Regs 4-7) Client duties
• Part 3 (Regs 8-15) General duties
including all other parties
• Part 4 (Regs 16-35) General
requirements
• Part 5 (Regs 36-39) including
transition

9. Key elements to securing
construction health and safety
• Apply the general principles of
prevention
• Appoint the right people and organisations
at the right time
• Provision of information, instruction,
training and supervision
• Co-operation, communication and co-
ordination
• Consulting workers and engaging with
them

10. General Principles of
Prevention
• Avoiding risks where possible
• Evaluating those risks that cannot
be avoided
• Putting in place proportionate
measures that control them

11. Part 2
• 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.

12. Client Duties
• All clients must make suitable
arrangements for managing a project
• Where more than one contractor,
appoint a Principal Contractor AND a
Principal Designer
• Notify any project lasting 30 days AND
where 20 or more persons working at
any time, or 500 person days

13. Clients
• The client has a major influence over
the way a project is procured and
managed.
• Regulation 7 allows that domestic
clients pass their responsibilities onto
other duty holders

14. Part 3
• Contractors and designers must have
the “skills, knowledge and experience
and, if they are an organisation, the
organisational capability, necessary to
fulfil the role”
• Replaces explicit competencies detailed
in old regulations
• You must take reasonable steps to
determine this

15. Designer Duties
• Eliminate, reduce or control foreseeable
risks that may arise during construction
and the maintenance and use of a
building once it is built
• (Through the design process)
• Provide information to other members
of the team to help them fulfil their
duties
• Reg 10 applies to overseas designs

16. Principal Designer
• Principal designers are designers
appointed by the client in projects
involving more than one contractor
• Plan, manage, monitor and co-ordinate
health and safety in the pre-
construction phase of a project
• Ensure designers carry out their
duties

17. Principal Designer
• Prepare and provide relevant
information to other dutyholders
• Liaise with Principal Contractor to help
in the planning, management, monitoring
and co-ordination of the construction
phase

18. CPPs and Files
• A construction phase plan (CPP) must be
drawn up for all construction projects,
regardless of size, by the Principal
Contractor or Contractor
• A Health and Safety File must be
prepared by the Principal Designer

19. Principal Contractor
• Principal Contractors are contractors
appointed by the client to co-ordinate
the construction phase of a project
where it involves more than one
contractor
• Plan, manage, monitor and co-ordinate
the construction phase of a project

20. Principal Contractor
• Liaise with the client and principal
designer
• Prepare the CPP
• Ensure co-operation and co-ordination
• Site inductions and security
• Worker consultation
• Adequate welfare facilities
are provided

21. Contractors
• Contractors are those who do the actual
construction work and can be either an
individual or a company
• Plan, manage and monitor construction
work under their control
• Co-ordinate their activities with
others in the project team
• Prepare a CPP if lone contractor

22. Workers
• Must have “the necessary skills,
knowledge, training and experience to
carry out the work they will be
employed to do”
• Replaces explicit competence
requirements
• “Reliance should not be placed on an
industry certification card”

23. Part 5
• Transitional arrangements for existing
notifiable projects – 6 October
• > 1 contractor – construction not
started client must appoint a PD
• If construction started they may
appoint a PD – if not PC must compile
Health and Safety File

24. Schedules
• 1 – Notification details
• 2 – Welfare facilities
• 3 – Particular risks
• 4 – Transitional arrangements
• 5 - Amendments

25. Appendices
• 1 – Principles of prevention
• 2 – Pre-construction information
• 3 – Construction Phase Plan
• 4 – Health and Safety File
• 5 – Working for Domestic Clients