goes Management) here Regulations 2015 James Addley BA(Hons) Arch RFaPS Tech IOSH

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1 Title Construction of presentation (Design and goes Management) here Regulations 2015 Secondary James Addley title or presenters name BA(Hons) Arch RFaPS Tech IOSH

2 Introduction

3 Introduction - Background to Changes Government pressure to deregulate Europe directive not fully implemented domestic clients coordinators required when 2 or more contractors Enhanced focus on small sites where accidents happen 3

4 Key Changes Significant structural simplification of the regulations Replacement of the ACoP with targeted guidance Removal of the CDMC role Introduction of new PD role Removal of explicit competence requirements Changes to the notification requirements 4

5 Duty holder changes: client CDM Coordinator Designer Client (enhanced duties) Principal Designer (New) Designer (Same) Client Principal Contractor Contractors Principal Contractor (same) Contractors (same) Principal Designer Principal Contractor Workers (New)

6 PD and CDMC Duties Some of the CDMCs duties have been transferred : CDMC Task Advise clients on their duties Notify HSE of the project Co-ordinate H&S aspects of the work Collate & issue the pre-construction information Manage the flow of H&S information Advise the client on the adequacy of the CPP Prepare & deliver the H&S File Assigned to No longer required Client Principal Designer Client and PD PD and PC No longer required PD and PC 6

7 Roles and duties

8 Client duties

9 Trigger for the Regulations If there is more than one contractor the client must appoint : aprincipal Designer and aprincipal Contractor Contractors could be : an individual asole trader aself employed worker or a business the PC is also a contractor The client has the PD duties if he fails to appoint a PD The client may change the PD during the project 9

10 Client Pillars Successful H&S Project Workers Successful H&S Project Contractors Principal Contractor (PC) Designers Principal Designer (PD) Make suitable arrangements for managing the project Appoint a PD and PC Allow sufficient time and resources for the project Ensure relevant information is prepared and given to other duty holders Ensure the project is notified to HSE Ensure the PD and PC carry out their duties Ensure welfare facilities are provided 10

11 Designer s duties

12 The Role of the Designer A designer is an organisation or individual that prepares or modifies a design for any part of a construction project, including the design of temporary works, or who arranges or instructs someone else to do it. Designers include architects, consulting engineers, interior designers, temporary work engineers, chartered surveyors, technicians, specifiers, principal contractors and some tradespeople. You can also be carrying out design even if you would not normally identify yourself as a designer e.g. if you are a client or contractor specifying a particular roof system, deciding what size joists to use etc 12

13 What is a Design? A design could include: Drawings, sketches, design details, specifications and product selection, bills of quantity or calculations, prepared for the purpose of constructing, modifying or using a building or structure, a product or system (such as a mechanical or electrical system). 13

14 Designers duties Appoint a Successful Workers H&S Project Contractors Successful H&S Project Principal Contractor (PC) Be satisfied that the Client is aware of their duties under the Regulation Must take into account the general principles of prevention when preparing or modifying a design Provide information about the risks to the Principal Designer (PD) Ensure appropriate information is included in the Health and Safety File Must take all reasonable steps to provide sufficient information about the design, construction or maintenance Must have the skills, knowledge and experience to undertake the design Must cooperate with other parties and provide information in a comprehensible and timely manner Designers Principal Designer (PD) Clients 14 I

15 The general principles of prevention are to: a) avoid risks; b) evaluate the risks which cannot be avoided; c) combat the risks at source; d) adapt the work to the individual, especially regarding the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work, work at a predetermined work rate and to reducing their effect on health; e) adapt to technical progress; f) replace the dangerous by the non-dangerous or the less dangerous; g) develop a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment; h) give collective protective measures priority over individual protective measures; and i) give appropriate instructions to employees.

16 Principal Designer duties

17 Project Phases Client Project set up Principal Designer Principal Designer Pre Construction Principal Contractor Construction and Handover 17

18 Who is a Principal Designer? A designer (though not necessarily a designer on the project) with control over the pre-construction phase of the project with respect to matters relating to health and safety (early client appointment is therefore essential) An organisation or individual that has: Project relevant technical knowledge of the construction industry. The understanding/skills to manage & coordinate the Pre- construction phase, also design work during construction, with regard to health and safety considerations. principal designers may have separate duties as designers. 18

19 The PD must be a Designer This first criterion needs careful explanation: It means that the PD needs to have the skills, knowledge and experience to understand the design process, the issues involved and the technical competence to understand what is being discussed by the appointed designers on the project. When delivering the PD duties care must be taken not to become a designer under disciplines that the PD has no design commission for. For example if appointed as structural engineers but not as architects then, when wearing the PD hat, you must not make architectural design decisions. The PD can challenge, question, argue their point etc. but not make the actual decision as that would attract designer s liabilities in this area.

20 Principal Designer Pillars Successful H&S Project Workers Successful H&S Project Contractors Principal Contractor (PC) Designers Plan, manage and monitor the preconstruction phase Identify, eliminate or control foreseeable risks Ensure designers carryout their duties (coordination and cooperation) Prepare and provide relevant information to other duty holders (PCI) Liaise with the PC throughout the construction phase Prepare the Health and Safety File Client 20

21 Coordination (of Designers) Client Clients Planners Architects Engineers Principal Designer Specialist Contractors Principal Contractor Temporary Works Designers Co ordination role 21

22 Competence

23 Removal of competence requirements. Replaced with a requirement for appropriate skills The duty holder must have the ability to judge the health and safety competence of those they engage on construction projects. requirement is now to have the necessary skills, knowledge and experience and the organisational capacity there is actually little change in the requirement - it is in effect as you were 23

24 PD competencies Competency Single discipline Multi discipline Large and/or complex/novel A technical knowledge of the construction industry relevant to the project Construction related degree (engineer, surveyor, architect) and able to demonstrate technical experience Relevant site experience Experience of design review Relevant sector knowledge Construction related degree (engineer, surveyor, architect) Relevant site experience Experience of multi disciplinary projects Undertaken multi disciplinary design review Relevant sector knowledge or experience Construction Chartership (engineer, surveyor, architect) Relevant site experience Experience of large and/or complex projects Undertaken design reviews on large and/or complex projects Relevant sector knowledge and experience An understanding of how health and safety is managed through the design process Understand what CDM sets out to achieve Understand safe by design principles Knowledge of in house processes IOSH Managing Safely in Construction* or equivalent Understand what CDM sets out to achieve Understand safe by design principles Knowledge of in house processes NEBOSH Construction Certificate or equivalent Understand what CDM sets out to achieve Understand safe by design principles Knowledge of in house processes NEBOSH Diploma or equivalent The organisation and management skills to be able to influence the management of health and safety during the pre construction phase of the project and any ongoing design after construction begins Understand how to plan, manage and co ordinate as a PD Effective communication skills Confidence to challenge Ability to influence and engage with stakeholders Able to demonstrate management and co ordination skills required of a PD Effective communication skills Confidence to challenge Ability to influence and engage with stakeholders Able to demonstrate management and co ordination skills required of a PD Effective communication skills Confidence to challenge Ability to influence and engage with stakeholders 24

25 Notification

26 Changes to Notification criteria & the threshold for the appointment of coordinators Client duty to notify projects lasting longer than 30 days and on which more than 20 workers are planned to be working simultaneously at some point during or exceeding 500 person days. Disassociation of coordinator appointments and project notification. The intention is that this will no longer act as a threshold triggering additional duties as was the case for CDM 2007, which the HSE have contended will reduce complexity The new Regulations will require the appointment of coordinators (PD & PC) wherever there is more than one contractor engaged on a project. 26

27 Guidance

28 Information sources SI 2015 No.51 Six guides: One for each of the five duty holders under CDM and an additional one for workers Legal Series (L153) 28

29 What you don t have to do PDs are not required to : Submit the F10 to the HSE - or check that the client has done so Submit the F10 to the HSE on behalf of the Client unless prior written authority received from Client Check the skills and experience of designers or contractors - unless you appoint them directly Advise the client on their appointments of designers and contractors Advise the client on their H&S arrangements for the project Review or approve the CPP - or check that it has been implemented Review or approve H&S arrangements on site Take overall responsibility for the project - you manage H&S in the pre-construction phase Supervise or monitor health and safety on site - that s done by the PC Check or approve designs - other than reviewing H&S risks 29

30 The APS

31 Mission As a leading professional institution in the field of construction health and safety risk management, The Association for Project Safety strives to continuously improve and promote the professional practice of design and construction health and safety risk management by:- Setting standards; Raising performance; Providing guidance; Educating and training; and Working in partnership with others with the aim of construction workers and others returning home safely.

32 Categories of membership RETIRED FELLOW FMaPS REGISTERED PRACTICE EXPERIENCE ROUTE CERTIFIED CMaPS ASSOCIATE AaPS CORPORATE MEMBER 22 points / exam / interview / additional knowledge or training INCORPORATED IMaPS points / exam / interview Between 3 and 11 points AFFILIATED STUDENT APPLICATION

33 Membership of the APS To help answer any outstanding questions about membership, we're holding a webinar: Thursday 5 November pm.

34 CPD events: CDM in the domestic landscape This CPD event will cover practical issues facing the Principal Designer on domestic projects including: understanding the role training required appointment arrangements advising the client design risk management tender processes and contractor selection work on site and completion The course will look at what to do when a designer's appointment is restricted to a partial design service - i.e. up to planning or building regulations stages only - and will look at the issues raised by self-build projects, issues that a Principal Designer should be aware of when considering design risk management and what information should be passed to the Principal Contractor.

35 Arup Health & Safety Consultancy Services CDM strategic advice Construction H&S corporate advice Construction site safety (inspection) services Baseline assurance audits Review of training requirements Competent Person Assistance developing client Safety Management systems Assistance with risk assessments (client premises) Advice Line General Site Safety Briefing Health and Safety for Leaders (External) CDM for Designers Fire Warden Training CDM Audits Training on Legislation Newsletter including Legislative updates, notes or formal presentations Strategic Asbestos Advice Asbestos Awareness Training Competency response Accident / Incident Investigation IOSH Managing Safety in Construction Annual H&S Audits (18001 model) Develop H&S management systems compliant with OHSAS 18001:2007 Develop quality management systems compliant with ISO 9001:2000 DSEAR risk assessments Training on the DSEAR Regulations COMAH training COMAH preparation and review of safety reports and review of onsite and offsite emergency plans. HAZOPS COSHH risk assessments PUWER risk assessments Deliver the NEBOSH Construction Certificate Deliver IOSH Managing Safely Deliver IOSH Working Safely Review Facilities Management systems Expert Witness Contaminated land advice & training Chemical classification and labelling issues advice BOM Building, Operation and Maintenance H&S Due diligence 35