The Construction (Design and
Management) Regulations 2015
Gary Lewis
20 October 2015
CDM 2015
 “The CDM Regs”
 2015 version came into force on 6 April 2015
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CDM 2015
Here we go again!
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CDM 2015
 A little bit of history:  CDM Regs
1994 (ACoP)
 CDM Regs
2007 (ACoP)
 CDM Regs
2015 (Guidance L153)
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CDM 2015
 Key principles:  PLANNING AND EXECUTION OF CONSTRUCTION PROJECT
• Design
• Co-operation
• Co-ordination
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CDM 2015
 The primary objective in summary:  “The right information for the right people at the right time”
 Sequential appointments are a clear attempt to rationalise this objective in practice
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CDM 2015
 Design aspect
 Evolution of role holders: • Planning Supervisor (CDM 1994)
• CDM Co-ordinator (CDM 2007)
• Principal Designer (CDM 2015)
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CDM 2015
 The key principles and objectives have remained constant
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CDM 2015
 What has changed?
 It was always envisaged that that client should have a pivotal role in terms of the
management of a project.
 This has not always come to pass not least because the regulations allowed the
client to delegate responsibility to other role holders.
 Why is the client important? “The client has a major influence over the way that a
project is procured and managed. Regardless of the size of the project, the client
has contractual control, appoints designers and contractors, and determines the
money, time and other resources available”.
 “CDM 2015 makes the client accountable for the impact their decisions and
approach have on the health, safety and welfare of the project”.
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CDM 2015
The client
 “Any person for whom a project is carried out”
 If more than one client – one or more of the clients may agree in writing to be
treated as the only client or clients.
 N.B. – Cannot delegate duty to co-operate or provide pre-construction
information
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CDM 2015
The client
 Must make sure suitable arrangements for managing the project, including
allocation of sufficient time and resource
 Must ensure arrangements are maintained and reviewed
 Must provide pre-construction information as soon as practicable to every
designer and contractor
 Where project is notifiable, the client must give notice in writing to the HSE
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CDM 2015
The client
 Must appoint in writing (where more than one contractor on project)
 A DESIGNER with control over pre-construction phase as PRINCIPAL DESIGNER
 A CONTRACTOR as PRINCIPAL CONTRACTOR
Before the construction phase begins
 N.B. – if the client does not appoint a PRINCIPAL DESIGNER and/or a
PRINCIPAL CONTRACTOR, the client is deemed to be fulfilling the duties
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CDM 2015
The client
 Must take reasonable steps to ensure that the PRINCIPAL DESIGNER
(Regs 11 & 12) and PRINCIPAL CONTRACTOR (Regs 12-14) comply with
their duties
 Must ensure that the PRINCIPAL CONTRACTOR has drawn up the
construction phase plan before the construction phase begins and keeps it
under review
 Must ensure that the PRINCIPAL DESIGNER prepares the health and safety
file for the project and keeps it under review
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CDM 2015
Notification
 Project is notifiable if the construction work is scheduled to: a) Last longer than 30 working days and have more than 20 workers working
simultaneously at any point in the project, or
b) Exceed 500 man days
 N.B. Notification does not give rise to additional duties as before.
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CDM 2015
Competence
 Moved away from the prescriptive formula for assessing competence
[designers and contractors]
to generic
 Skills, knowledge and experience
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CDM 2015
 The Principal Designer
 Must plan, manage, monitor and co-ordinate matters relating to health and safety
during the pre-construction phase, IN PARTICULAR in relation to design, technical
and organisational aspects
 Must take into account the general principles of prevention
 Must prepare the safety file and keep it under review
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CDM 2015
 The Principal Designer
 Must assist the client in the provision of pre-construction information
 Must provide pre-construction information within his control
 Must provide the Principal Contractor with all information relevant to the construction
phase plan
 Must liaise with the Principal Contractor during the construction phase
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CDM 2015
 The Principal Contractor
 Must draw up construction phase plan
 Must ensure that the construction phase plan is reviewed, updated and revised
 Must ensure co-operation and co-ordination as between contractors
 Monitor the construction activity
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CDM 2015
Overview
 More of the same:  Client is pivotal to management control of the project
 The design phase is important
 Sequential appointments should facilitate the timing of information
 Competence? One step forward, two steps back?
 Right information/ right people/ right time
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CDM 2015
Questions?
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Contact
Gary Lewis
Squire Patton Boggs (UK) LLP
Tel: 0161 830 5373
Mob: 07825 204 407
Email: [email protected]
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