Roythornes Briefing. CDM regulations

Transcription

1 Roythornes Briefing CDM regulations The Construction (Design and Management) Regulations 2015 replace the 2007 Regulations on 6 April Are you ready for the changes? Here is a brief breakdown of how this might affect you and your project. 1. The new regulations (Regs) will apply to all construction projects from 6 April The 2015 Regs are more wide ranging than the previous 2007 Regs and you may be caught where you previously were not! 2. Changes include criminal sanctions for breach of the Regs through the Health and Safety at Work Act The Health and Safety Executive has published guidance which can be found here : 3. The key changes are:- a. There is no longer a CDM Co-Ordinator. The Principal Designer is now responsible for coordination of the Pre-Construction phase. b. There is greater responsibility placed upon the client for key health and safety, this includes a domestic client but there are provisions to ease a domestic client s burden. c. There is a simpler method of assessing competence under the 2015 Regs. 4. The application of Constructions Work is wide ranging within the regulations and the definition can be found in full in Section 2(1) of the Regulations. Constructions work includes projects where there is a domestic client. In essence the only exclusion is where there is a mineral extraction. If you are unsure of whether your project falls under the CDM speak to one of our construction specialists. 5. There are three distinct roles within the CDM. It is possible for one party to fall into more than of the following roles:- a. Client (Domestic and for furtherance of a business) Wide ranging Health and Safety obligations ongoing throughout the project Provide pre-construction information to every contractor and designer Is there more than one interested party? Eg. A funder/buyer, if so which of you will be treated as the client? This must be agreed in writing. b. Contractor Are there multiple contractors (inc. sub-contractors?) Appoint a Principal Contractor Prepare a construction phase plan before construction begins c. Designer Is there more than one Designer? Appoint a Principal Designer. Prepare a health and safety file if there is more than one contractor. All parties have a number of duties under the new regulations - our chart explains what duties fall to you. 6. There is an obligation to notify the HSE where:-

2 a. The project lasts longer than 30 days and has more than 20 contractors; or b. The construction exceeds 500 person days. This duty falls to the client, unless it is a Domestic Client then the Principal Contractor has the duty to notify the HSE. 7. Transitional Period The CDM are in force from 6 April If your project started before 6 April 2015 there will be transitional regulations until 31 October 2015 if you have more than one contractor, you have started the construction phase, and; a. You have not already appointed a CDM Coordinator i. Then you must appoint a Principal Designer b. You have appointed a CDM Coordinator i. You must appoint a Principal Designer before 6 October The CDM Coordinator will continue with revised duties. c. You have not appointed a Principal Contractor i. You must appoint one in writing as soon as practicable after 6 April 2015 If you have only one contractor then that contractor must draw up the Construction Phase Plan as soon as practicable. If you have any questions on the changes and how they may affect your business please contact a member of our Corporate and Commercial team on Roythornes is one of the top 200 law firms in the UK. From our four offices in Spalding, Peterborough, Newmarket and Nottingham we provide legal services to businesses and individuals across the country. Our services for business include agricultural property; renewable energy; business rescue and insolvency; development and commercial property; company and commercial; debt recovery; dispute resolution and litigation; employment; environment; social housing; planning; property development. This publication is for guidance only and does not constitute legal advice. You should always seek professional advice before making decisions of a legal nature. Roythornes Limited is a company registered in England and Wales under number We are regulated by the Solicitors Regulation Authority. Registered office: Enterprise Way, Pinchbeck, Spalding PE11 3YR. We use the word 'Partner' to refer to a shareholder of the company, or an employee or consultant with equivalent standing and qualifications. Refer to for additional legal information. April

3 CDM Regulations quick reference table Questions Who am I? What if there are multiple parties? Parties (not mutually exclusive in every case) Client Contractor Designer Domestic Client Default position for Domestic Client: Contractor in control of the Construction Phase = Principal Contractor Designer in control of the pre-construction phase = Principal Designer. Non-Domestic Client Project in furtherance of the business of the client (whether for profit or not) Eg. Local authorities, housing associations, charities, landlords Appoint a Principal Contractor (PC) Appoint a Principal Designer (PD) Failure = PD/PC duties fall to you!! Any person (including a non-domestic client) who in the course or furtherance of a business carries out, manages, or controls construction work. Identify who is the PRINCIPAL CONTRACTOR (PC)? Are you the sole contractor = you have the same duties as Principal Contractor Any person (including a client/contractor) who in the course or furtherance of business... prepares or modifies a design; or... arranges for, or instructs, any person under their control to do so..." A design includes: drawings, design details, specifications and bills of quantities... and calculations Eg. Quantity surveyor Project Manager Architects Identify who is the PRINCIPAL DESIGNER (PD) What are my duties? Client duties fall (in order) to: 1. Sole Contractor 2. Principal Contractor 3. Principal Designer (if they have agreed in writing) Make suitable arrangements for managing a project, including the allocation of sufficient time and other resources Construction work can be carried out without risks to health and safety Provide minimum welfare requirements Do not start construction phase unless you are satisfied that your client knows what their duties are. Take account of principles of prevention Provide: site induction, site security, minimum welfare requirements Do not start construction phase unless you are satisfied that your client knows what their duties are. Take account of principles of prevention to eliminate foreseeable risks to health and safety : during construction, cleaning/maintenance and use for work Take account of pre-construction information

4 Do I have additional duties as a Principal Ensure Construction Phase Plan is drawn up by PC Ensure that Health and Safety file is prepared by PD it is compliant, updated & available Take reasonable steps to see that PC and PD comply with their duties in the Regs Prepare a Construction Phase Plan before construction begins Provide the health and safety file when dispose of property Provide toilets, washing facilities, drinking water, changing rooms/lockers & rest facilities Comply with General requirements for all construction sites where in your control Comply with the General requirements for all constructions sites Part 4 of the Regulations If not possible to eliminate risks, take steps to reduce ( provide information to PD) place info into Health and Safety File Prepare a Health and Safety file & maintain if more than one contractor Take reasonable steps to adequately assist the client/designers/contractors in complying with their duties under Regs General Health and Safety duties Competence, Co-operation, Reporting danger, Providing information and Instruction must plan, manage and monitor the must plan, manage and monitor the pre-construction phase and construction phase and coordinate matters coordinate matters relating to health relating to health and safety during the and safety during the pre-construction construction phase to ensure that, so far as phase to ensure that, so far as is reasonably practicable, construction work reasonably practicable, the project is is carried out without risk to health or carried out without risks to health or safety safety. Organise cooperation between contractors, coordinate implementation by contractors of legal requirements for Health & Safety Must liaise with PD for duration of PD appointment Consult and engage with workers Identify and eliminate or control foreseeable risks to health and safety during construction work, maintenance/cleaning and use as workplace Ensure all designers comply with reg 9 duties. Liaise with PC. Ensure parties cooperate coordinate handover Assist client in provision of preconstruction information

5 Do I have to Notify the HSE? Yes if: 1. Project > 30 days + > 20 contractors 2. Construction > 500 person days Burden to notify HSE passes to Principal Contractor Burden to notify the HSE (if applicable) falls to YOU. Burden on PC to notify HSE (if applicable) where a domestic client. If a PD appointed and it is agreed in writing then the burden shifts to the PD. PC to draw up Construction Phase Plan before setting up the construction site and ongoing review. KEY DOCUMENTS Pass the Health and Safety File to end user. Plan specifically for any hazardous activities as per Schedule 3 (burial under earth falls, falling from height, engulfment in swampland, risk of chemical or biological substance, ionizing radiation, work near high voltage, risk of drowning, work in wells, tunnels or underground, diving, compressed air atmosphere, explosives, heavily prefabbed materials) Prepare Health and Safety File appropriate to the characteristics of the project. Keep up to date. Pass to PC at end of PD appointment. Provide details and relevant information for Health and Safety File if required. Not required for a Sole contractor. If you have any questions on the changes and how they may affect your business please contact a member of our Corporate and Commercial team on Roythornes is one of the top 200 law firms in the UK. From our four offices in Spalding, Peterborough, Newmarket and Nottingham we provide legal services to businesses and individuals across the country. Our services for business include agricultural property; renewable energy; business rescue and insolvency; development and commercial property; company and commercial; debt recovery; dispute resolution and litigation; employment; environment; social housing; planning; property development. This publication is for guidance only and does not constitute legal advice. You should always seek professional advice before making decisions of a legal nature. Roythornes Limited is a company registered in England and Wales under number We are regulated by the Solicitors Regulation Authority. Registered office: Enterprise Way, Pinchbeck, Spalding PE11 3YR. We use the word 'Partner' to refer to a shareholder of the company, or an employee or consultant with equivalent standing and qualifications. Refer to for additional legal information. April