Title of presentation. goes here CDM2015. Implementing the role of Principal Designer

Transcription

1 Title of presentation CDM2015 goes here Implementing the role of Principal Designer Secondary Andrew Leslie title or 26 presenters May 2016 name

2 Andrew Leslie Technical and Standards Manager The Association for Project Safety

3 The Presentation will look at the issues around: The definition of Principal Designer; The topic who can be a Principal Designer? ; The emergence of non-statutory roles; Implementing the Principal Designer role How different industry sectors can deliver an effective and proportionate response to carrying out the Principal Designer duties. Many of the issues currently emerging relate to small and domestic projects and in particular to partial services and the presentation will look at scenarios around this type of work.

4 It s all in here or is it? L153 CITB GUIDES

5 Impact of the new Regulations Domestic Projects included Client duties Principal Designer Non-statutory roles Construction Phase Plan for all construction work H&S File for all jobs with a PD or PC New notification requirements Change in competency requirements

6 Domestic Projects included Client duties Principal Designer Non-statutory roles Construction Phase Plan for all construction work H&S File for all jobs with a PD or PC New notification requirements Change in competency requirements

7 Commercial Clients Have duties no agents Can have a CDM adviser to assist Many types all sizes and shapes do not fit one size fits all CDM 2015 Who keeps who right? Some Clients are savvy, but not all Those clients who are not? Reliance on informed designers and contractors Confusion about duties and appointments can a client be PD? Can a Client be PC?

8 Domestic Clients Domestic clients still in the dark Large number of designers and contractors still unprepared and unskilled Who keeps who right? Reliance on informed designers (and contractors) Confusion about appointments Massive opportunity for designers (and contractors) with SKE

9 Clients and SKE choosing a PD There is nothing in the Regulations that specifies requirements for clients to have SKE. Regulation 5 says that if a client does not appoint a PD or PC, the client becomes either PD or PC or both (except domestic clients). No matter whether or not they have the SKE. Commercial clients taking on CDM2015 duties are likely to be liable to prosecution in the event of an investigation by HSE. Domestic clients failing to appoint a PD or PC under Regulation 5 are unlikely to be liable to prosecution in the event of an investigation by HSE.

10 Hard to reach duty holders Sole Trader/micro market: Raising Awareness Information exists will it be accessed? or read? Best format phone apps? HSE website? Professional or trade bodies? Getting information to them: DIY outlets Builders merchants Planning and building control offices / websites Supply chain training

11 Hard to reach duty holders Gearrannan Black House Village, Skye

12 CDM2015 is a one size fits all set of Regulations Which type of project is a loose fit? Micro projects Maintenance projects Property portfolio refurbishment e.g. housing stock Design and Build Multi-ownership e.g. tenements Term contracts / framework agreements Self Build domestic Others..

13 Maintenance and multi micro CDM project scenario: Planned - example emergency lighting testing Single contractor Pre-planned work with a design team in place Designer = Client PD = not required Contractor = Testing company Preventative Building component replacement Two contractors specialist and decorator Pre- planned with a Specialist Contractor and Consultant Building surveyor Designer = Specialist Contractor PD = Consultant PC = Specialist Contractor

14 Maintenance and multi micro CDM project scenario Reactive : e.g. Fixing broken glazing Client is this the caretaker? building owner? Designer and Contractor = Maintenance Contractor More than 1 contractor? PD = Maintenance Contractor; PC = Maintenance contractor Repetitive: Small micro jobs Floor covering replacement Three contractors specialist, skip hire company and decorator Designer = Client PD = Client PC = Client?

15 Principal Designer The PD is not a replacement for the CDM Co-ordinator It is taking some time to establish who can be a PD Definition of designer Reg 2 wide and not qualification based Not enough emphasis on SKE in design and construction risk management when considering PD capability The PD must be appointed in writing

16 Principal Designer means the designer in control of the preconstruction phase appointed under regulation 5(1)(a) Designer means any person who in the course or furtherance of a business prepares or modifies a design; or arranges for or instructs any person under their control to do so,

17 The PD must be: EITHER: one of the design organisations or sole practitioner designers designing the project. OR: a separate designer or design organisation not part of the team designing the project The CDM 2015 Regulations and Guidance do not specify that the PD must actually be designing any part of the project.

18 The PD must be a design organisation or sole practitioner designer with design experience appropriate to the project. The PD must have appropriate health and safety and CDM 2015 SKE relevant to the design, construction, maintenance and use of the project.

19 A designer must not accept an appointment for the PD role unless they have the necessary skills, knowledge and experience, and the organisational capability, relevant to the project. The PD must also have knowledge of and the skill to apply the principles of Design Risk Management Those without previous detailed CDM experience will need to undertake training

20 On a commercial project, if a client fails to appoint a PD, the obligation to fulfil the PD duties falls on the client, by default, whether or not they have the necessary skills, knowledge and experience. On a domestic project, if a client fails to appoint a PD, the designer in control of the pre-construction phase becomes the PD by default. (a similar default position applies for the contractor in control of the construction phase who becomes PC even if not appointed)

21 Routes to PD NO CDM SKE NO CDM SKE

22 Where will all these PDs come from? Removal of CDM Coordinator means (in the short/medium term) Potential loss of SKE to the Industry Lack of skilled and knowledgeable designers to fill the gap Supply and demand Development of new non-statutory roles: the CDM Advisor to the Client the CDM Consultant to the PD

23 TRADITIONAL PROCUREMENT - COMMERCIAL DIAGRAM FROM THE APS PRINCIPAL DESIGNER'S HANDBOOK - RIBA PUBLICATIONS 2016

24 TRADITIONAL PROCUREMENT - DOMESTIC DIAGRAM FROM THE APS PRINCIPAL DESIGNER'S HANDBOOK - RIBA PUBLICATIONS 2016

25 PD and different procurement routes At novation, which usually happens at the same time as the design and build contractor is appointed, the client needs to make sure that they are still appointing the principal designer directly, as the regulations require that this is a client appointment. In order to achieve this, the substitution of the design and build contractor as the principal designer (with the functions being carried out often by the previous principal designer) should take place in a way that achieves, as far as possible, continuity in the co-ordination of health and safety.

26 PFI style contracts: On Publicly Funded projects (PFI/PPP type) the Principal Designer may be appointed by the SPV (Special Purpose Vehicle) direct. When the client changes, the Principal Designer appointment should be renewed with the new client. This will require clear agreement on the duration of Principal Designer appointments.

27 Partial design services Conclusion of the PD role on commercial projects: This could be at Planning, Building Regulations or Tender stage. Formal confirmation should be sent to the client advising when: the PD role has finished and that another PD should be appointed or any remaining PD duties will become the responsibility of the Client. Client options: Client takes on the PD role, provided sufficient SKE Client appoints one of other design team members as PD Client appoints PC as PD as well as PC, provided sufficient SKE.

28 Partial Design Services Conclusion of PD role domestic projects This could be at Planning, Building Regulations or Tender stage. Formal confirmation should be sent to the client advising that: the PD role has finished another PD should be appointed or else the PD duties will pass to whichever of the other designers is deemed to be now in control of the pre-construction phase (if any) or the PC. Client appointment options: Client appoints PC as PD as well as PC, provided sufficient SKE. Both PD and PC duties fall to the designer and / or contractor in control.

29 Traditional Procurement Partial Service DIAGRAM FROM THE APS PRINCIPAL DESIGNER'S HANDBOOK - RIBA PUBLICATIONS 2016

30 Partial Design services on domestic projects: For the domestic client with duties transferred to a surrogate, the blue area, representing construction procurement, is a period potentially without CDM 2015 co-ordination. The PD, if appointed, needs to hand over information for the client to use in obtaining prices: The drawings and specifications The pre-construction information (this could be highlighted on drawings and specs. The Health and Safety file as developed There needs to be clear agreement when the PD role for the designer has concluded.

31 SUMMARY In this session we have covered some, but not all of the practical issues regarding implementation of the CDM2015 Principal Designer role. We have discussed appropriate allocation of duties. We have discussed proportionality. HSE expected the industry to respond by filling the gaps and this is now happening. WATCH THIS SPACE

32 QUESTIONS?