CDM 2015
A project is more than
just a construction site
Martin Lee
Group SHEQ Manager
Content
• Background
• Why change?
• Hopes and expectations
• Key Changes
• Duty Holders and responsibilities
• A case study for discussion
• Will the new approach work?
CDM – what has it brought us?
• Devil’s advocate - Look back
• Has it produced benefits?
• “Is the job CDM’able?”
• Are we engaged in the process?
• Remember Part 2 of CDM07 applies to all jobs
• Often notification trigger is the only consideration for action
• CDMC appointment often too late in the day
• Preventing their full potential to be realised
CDM – 20 years on
• Roles and principles highly familiar now
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2nd revision
Core ‘vision’ remains – ‘Co-ordinated project safety’
Large Clients have engaged
Ever more information for designers
• Persistent problems
• Impossible scope
• Little ‘ownership’ on smaller projects
• Contractual compatibility?
Key Changes
• Evolution not revolution
• Client – greater responsibility
• Domestic client exemption - removed
• Competency requirements ‘unpicked’
• Embeds the ‘Coordination’ function within project team
rather than a single role of CDMC
• CPP for all projects – any size of ‘construction’ work
• Threshold for appointments - >1 contractor
• Adjustments to Notification triggers
Background to 2015
• Parliamentary debate challenged aspects of CDM07
• Government agreed to a 3 year review
• Evaluation commenced in 2010
• Focus groups / CONIAC WG / Stakeholders / Inspectors
• Review Published in 2012 as part of Lofstedt review
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Positively viewed … but …
Still seen as over-bureaucratic
Competency requirements burdensome, esp for SME’s
Coordination in Pre-Con phase not working well
Background to 2015
• EU - TMCS Directive
• Domestic clients & Appointment triggers
• Current position not ‘legally sustainable’
• Infraction
• Significant Delays after initial drafting
• Consultation exercise
• Considerable response
What’s not changed?
• Part 4 – Technical standards for all construction sites
• General Principles of prevention
• Welfare requirements of Schedule 2
• Broadly … the duties of the Principal Contractor
• Streamlined
• Changes to emphasis
Core Principles – manage risks
• Appoint right people at right time in the project team
• General Principles of Prevention
• Avoid Risk
• Evaluate risk that cannot be avoided
• Implement proportionate measures to control risk at source
• Information, instruction, training & supervision
• Cooperation, coordination & communication
• Consultation and engagement with workforce
Clients Duties
• ‘Clients will be expected to exercise their influence as
to how a project is run’
• Similar Principals but role is ‘strengthened’
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Greater emphasis in language for Client & PD
‘shall take reasonable steps’ vs ‘must’
Demands ownership
Relationship with Principal Designer in particular will be
vital
• Guidance recommends a clear written Clients ‘Brief’
Clients duties : Pre-con
• Formulate suitable management arrangements
• Select project team & appoint duty-holders
• Provide information for design & construction planning
• Notify regulator
• Ensure Principal Designer is carrying out duties
• Make sure CPP is in place prior to construction phase
Notification thresholds
• Project expected to last 30 days….
• ….and project expected to have more than 20 workers
at any one time
• Or project will exceed 500 person days of work
• Stops sites from blitzing projects with labour to rush through
• Most domestic notifications excluded
• Overall – expected to reduce number of notifications
• There has always been significant under-notification
Client duties – Con Phase
• Construction phase plan reviewed periodically
• Welfare facilities in place and up to spec
• Schedule 2 is unchanged
• Welfare standards still an HSE Priority
• Ensure management arrangements working
• Manage completion and handover of structure
• Post Construction
• Check H&S file prepared
• Maintain and make it available
Domestic Clients
• Work on own home and not in connection with a
business
• Clients duties must be carried out by:
• The contractor, on single contractor jobs
• Or, the Principal Contractor (if more than one contractor)
• Or, the Principal Designer if by written agreement with the
client
• Construction Phase Plan is required
Client ‘Principals’ – PC and PD
• Must be appointed for any job with more than one
contractor – no link to notification thresholds
• Guidance stresses the need for effective and sustained
coordination between the Principals respective roles
(and back up to the client).
• Both plan, manage, monitor and coordinate
• The Pre-Con … and then Construction phases respectively
• They can overlap
• Guidance is ‘woolly’ on PD role duration
The Principal Designer
• The significant change over 2007 Regs
• CDMC role was highly variable in its effect
• Often appointed too late by client to make positive impact
• Seen as providing competent source of advice, rather than
Coordinating activity, particularly at the Pre-Con phase
• Consultation process highlighted strong views
• No accountability – No real power
• New PD Role is a significant opportunity for change
Why is the PD role so important
• It has the potential to address so many ‘gaps’
– Big difference between what is planned and what is
actually is resourced/actioned at site level
– Lack of co-ordinated communication between
designers and ‘constructors’
– A design commissioned as a separate contract can
firmly stifle the principles of CDM
PD - Duties
• Plan, Manage, Monitor and Coordinate pre construction
phase
• Ensure all other designers comply with their duties
• Support the client in provision of PCI
• Ensure effective cooperation with the client by other
parties
• Align efforts with Principles of Prevention
• Avoid risks / evaluate remaining / Implement controls at source
• No mention of ‘Hazard’ elimination
PD – wider effect
• Role is expected to look at the whole project
• Are other designers conforming to PoP?
• Are pathways for liaison clear and established between all
necessary parties
• Have wider design aspects included ‘buildability’, including
space, access, traffic routes ?
• Will the role work?
• CDMC had relatively clear duties
Designers Duties
• Not significantly changed
• PoP’s principles apply
• Provide risk information
• With design drawings
• Refer ‘problematic’ risks back to the PD
Principal Contractor
• A success story of CDM
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A familiar face within the legislation
Many are excellent
Can cover a poor client / CDMC
Often take on too much
PC Duties
• Manages and coordinates the Construction phase – little
has changed
• Must liaise with the Principal Designer
• Provide information to the health and safety file
• Engage & communicate with the workforce
• Much progress on this since CDM07 arrived
• Bolstered within guidance for 2015
• LWIT
Duties of Contractors
• Little change – streamlined over ‘07
• Plan, manage and monitor their own work
• Comply with directions from PC and the PD
• Draw up a CPP, even if they are the only contractor on a
small job
• Ensure necessary SKTE of appointees and supervise
them
SKTE vs Competency?
• ‘Competency’ requirements are absent in 2015
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HSE acknowledge – difficult to pin down
Its about more than just a card / SSiP
replaced by Skills, Knowledge, Training and Experience
Constituent parts allow more effective assessment?
• 2 Regulations include reference
• Reg 8 – general requirements
• Reg 15 - Contractors
Transitional arrangements
• From April 6th all aspects of 2015 Regs should be
implemented, except:
– For projects starting before April 6th and continuing
beyond:
• If no CDMC or PC appointed, the client must:
– Appoint PC if construction phase has started
– Appoint a PD and a PC if the Con Phase has not started
• Where CDMC already in place:
– Client must appoint PD within 6 months (6th Oct)
– CDMC stays in place until PD is appointed
Guidance
• HSE L-Series guidance document
• NOT ACoP
• Lofstedt
• ‘Signposting’ ACoP likely
• Driven by consultation response
• ‘CDM Worksheets’ ?
• Code will not appear for a few months
• Endorsed Industry Guidance
• Produced by CONIAC WG
• Hosted by CITB
Guidance
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New CDM 2015 Website
CPP template for smaller sites
Guidance leaflet for commercial clients
Smartphone App
What to expect
• Trackback to Clients and Designers when incidents
occur
• Far more scrutiny of Pre-Construction phase
• Will the PD role work as the PC role has?
• Current Regs have strong duties for CDMC and Client
• CDM2015 is a real opportunity to drive improvements
in construction
– But clients and PD must be together from the concept stage
Will it work?
• An example
Future event
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Working Well Together Partnership
Safety Update Event
Thursday 30th April at Eden Project
2 HSE Speakers
• CDM Roll Out
• Occupational Health Programme update
• 2 Sessions
• Event marketing will start soon – all welcome
Thank you – any questions?