20/03/2015
On 6 April 2015 the new Construction (Design and Management) Regulations 2015 (CDM 2015) came into force. CDM 2015 will significantly change the legislative regime around health and safety in the construction industry.
Key Changes CDM 2015 Will Introduce
1. CDM 2015 places greater and continuing responsibility on Clients
When drafting the CDM 2015, the Health & Safety Executive took pains to ensure that the duties imposed in the legislation reached not only designers, managers and contractors associated with a specific project, but also the party that procured and owned the project (‘the Client’).
Under the Regulations 2015 it is the Client’s explicit and continuing responsibility to ensure that:
a) if more than one contractor is to be appointed to the project then a principal designer and principal contractor must be appointed in writing. If the Client neglects to do so it will be held to be carrying out these roles itself; and
b) the Construction Phase Plan provided by the principal designer andprincipal contractor is in place before work begins on the project.
2. The CDM Co-ordinator role (CDMC) is replaced by that of the Principal Designer.
Overall responsibility for the pre-construction phase will now rest with the principal designer and even the smallest project involving multiple contractors will require a principal contractor to be appointed by the client.
3. Replacement of the explicit competency requirements under CDM 2007
The client is responsible ensuring the principal designer and principal contractor they appoint has
‘the skills, knowledge and experience to carry out the work in a way that secures health and safety.’
A health & safety file is now required to be maintained for all projects involving more than one contractor.
4. Householders are subject to CDM 2015
‘Domestic’ clients are now included although their responsibilities are passed onto the contractor or the principal contractor (if the project involves multiple contractors) by Regulation 7.
Although CDM 2015 will take effect in April, transitional arrangements will run until October 2015.
To find out how CDM 2015 may affect your business please phone us on 0207 993 6960 to make an appointment.
Fisher Scoggins Waters is a leading construction, engineering and manufacturing litigation firm, specialising in disputes and disasters. For further information on this article or any of our litigation services, please contact us on: +44 (0) 207 993 6960.