C D M R e g u l a t i o n s

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1 C D M R e g u l a t i o n s CDM Consultancy - Support for Client - Principal Designer - Principal Contractor c l a r i t y t h r o u g h s i m p l i c i t y

2 Reducing the risk to health and safety ensures all those working on and using the structure will benefit. The new CDM regulations have now been made and laid in Parliament and became law on 6th April The principle changes from the previous legislation are as follows: Strengthening of Client duties Introduction of Domestic Clients Replacement of CDM Coordinator by a Principal Designer for the planning, managing, monitoring and coordination of pre-construction phase health and safety Principal Designer and Principal Contractor will be required on all projects where there will be more than one contractor working on the project Replacement of explicit requirement for dutyholder competence with need for appropriate Skills, Knowledge and Experience Change to the HSE s Notification level - F10 is now only required for projects lasting more than 500 person days of work, or lasting more than 30 working days with more than 20 workers simultaneously, including Site Management 2 feg ltd copyright 2015

3 client responsibilities When planning to extend, build or demolish buildings, including machinery modifications and installations, building works, civil and engineering works - the Construction (Design and Management) [CDM] Regulations 2015 place legal and specific duties on you and almost everyone involved in the project. The Regulations are designed to improve the health and safety of the construction industry, an industry that is still one of the most dangerous to work in. Like many regulations, they are complex, require compliance and are legally binding. roles and responsibilities CLIENT PRINCIPAL DESIGNER PRINCIPAL CONTRACTOR principal designer The principal designer must be a qualified designer and take control of the pre-construction phase of the construction project. The principal designer plans, monitors, manages and coordinates the health and safety in the preconstruction phase of a construction project. The role of principal designer extends to the construction phase through the principal designer s duties to liaise with the Principal Contractor and ongoing design work. client For commercial projects the Client can be a person or an organisation where a construction project is carried out for a business. The Client s role is a pivotal one and must ensure suitable arrangements for managing the construction project are in place so that it is arranged and carried out from start to finish in a controlled, compliant and legal manner with due consideration to the health and safety of those involved. principal contractor The Principal Contractor is the Client appointed contractor in overall control of the construction phase on projects with more than one contractor. The Principal Contractor plans, monitors, manages and coordinates the construction phase of a project. This involves liaising with the Client and the principal designer throughout the construction project, including during the pre-construction phase and coordination all of the works and site personnel. An extension, building or demolition project often encompasses an array of people from many different disciplines the CDM Regulations form a vital role in the integration of all their skills and services from the planning and design stages through the management and contractual stages, to the construction and final completion stages of the project. copyright 2015 feg ltd 3

4 benefits to you The CDM Regulations aim to help you ensure that your construction project is safe to build, safe to use, safe to maintain and delivers good value now and into the future. All involved can contribute if they comply the benefits to you are: Improved health and safety for all involved with minimised risks More efficient project management with minimal delays Coordination between all parties involved Reduced costs, bureaucracy and paperwork Thorough project management and compliance No legal prosecution or bad publicity due to violations Reduced life costs of the structure CDM Regulations apply to you as the Client, Principal Designer, Principal Contractor, Designers, Contractors and Workers involved in the construction project. The CDM 2015 Regulations place legal duties on virtually everyone involved in construction work. Those with legal duties are commonly known as dutyholders. FEG Ltd provides skilled and experienced engineers who will provide support for you as the Client as well as support services for Principal Designer and Principal Contractor Roles. We also offer CDM Consultancy to assist Clients in understanding and applying the CDM Regulations. On most projects FEG can take on the duty role as the Principal Designer and/or the Principal Contractor on behalf of a Client. 4 feg ltd copyright 2015

5 Cooperation of all off and onsite disciplines involved in the project is vital if you as the Client are to achieve your project goal... the regulations Overall compliance with the CDM Regulations ensures that your project maintains health and safety for all involved. The CDM 2015 Regulations are divided into 5 parts: Part 1 deals with the commencement, interpretation and application of the Regulations Part 2 covers the Client s general duties that apply to all construction projects and the appointment of the Principal Designer and the Principal Contractor Part 3 contains health and safety duties and additional duties that only apply to notifiable construction projects, i.e. those lasting more that 30 working days or involving more than 500 person days of construction work Part 4 contains general and practical requirements that apply to all construction sites Part 5 contains the general enforcement, transitional arrangements and revocations This is followed by a series of Schedules and Amendments. The CDM 2015 Regulations revise and bring together the previous CDM Regulations 2007 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package. This is where the early appointment of an experienced CDM Principal Designer and Principal Contractor can greatly assist you in the Client role they will ensure that all five parts of the regulations are correctly and efficiently complied with. This includes the identification and reduction of construction risks, ensuring they are appropriately managed. Construction can then be carried out in a healthy and safe manner with adequate welfare facilities provided throughout the entire project for all involved onsite. The CDM Principal Designer ensures that this is carried out in a timely manner informing the right people at the right time of their duties, responsibilities and by the preparation and updates of the required documentation. Cooperation of all off and onsite disciplines involved in the project is vital if you as the Client are to achieve your project goal of a completed cost effective project, whether that be machinery relocation, new machinery, building extension, new building or demolition of old buildings. copyright 2015 feg ltd 5

6 types of projects Projects are determined not by size but by the duration of the build and the number of onsite working days involved. They cover: Non-notifiable construction projects These cover projects with site works lasting less than 30 working days or involving less than 500 person days of work. Notifiable construction projects These cover projects with site works lasting longer than 30 working days and have more than 20 workers or involve more than 500 person days of work, including Site Management. Notifiable maintenance projects These cover Mechanical & Electrical (M&E) installation, commissioning, maintenance, repair or removal of services fixed within or to a structure. Although routine maintenance is not covered by CDM, changing failed or worn components and parts, even washers or light bulbs, would be considered a CDM maintenance project if it involves 2 people or more. As the Client, you can have a prominent influence over how the work is carried out. Where potential health and safety risks are low, there is little you are required to do. Where they are higher, you need to do more. The CDM 2015 Regulations are not about creating unnecessary and unhelpful processes and paperwork. They are about choosing a competent team and helping them to work safely and efficiently together. Give them enough time and resource and you will get the building you want, when you want it and on budget. FEG Ltd s experienced engineers are trained in the latest CDM regulations and our in-house design capability allows us to offer our Clients support to perform their expanded duties under the latest CDM Regulations and provide support for the Principal Designer and Principal Contractor roles for their construction projects. FEG Ltd also offers CDM Consultancy to assist in understanding and applying the CDM Regulations. On many projects FEG can take on the duty role as the Principal Designer and/or the Principal Contractor on behalf of a Client. 6 feg ltd copyright 2015

7 Change to the HSE s Notification level - F10 is now only required for projects lasting more than 500 person days of work, or lasting more than 30 working days with more than 20 workers simultaneously, including Site Management CDM is about choosing a competent team and helping them to work safely and efficiently together. copyright 2015 feg ltd 7

8 what needs to happen For all projects both non-notifiable and notifiable there are key actions that the Client must ensure need to happen. Non-notifiable Projects Appoint the right people Competent CDM Principal Designer and Principal Contractor results in you getting what you want within budget with the work carried out safely. Allow adequate time Allow enough time for the design, planning and construction phases of the work to be undertaken properly - a rushed project is likely to be unsafe, of poor quality and may cost more in the long run. Provide information to your team To help your team to plan, budget and work around potential problems it is important that you pass on key information about what you want, how you will use it, the site and existing structures or hazards. Ensure you and your team communicate and co-operate For an efficient project, discuss issues affecting the ability to build, usage and maintenance of the finished structure with your team. This promotes safe working practices and eliminates unexpected costs because issues were not properly considered. Ensure suitable management arrangements are in place A CDM Principal Designer and Principal Contractor will ensure that suitable management arrangements are in place for complex and high risk activities to be carried out safely throughout the whole project. Ensure adequate welfare facilities on site Adequate welfare facilities for construction workers need to be in place right from the start of the project before work starts. Ensure workplaces are designed correctly Your designer needs to ensure that if your project is for a new workplace or alterations to an existing workplace (e.g. a factory or office), they must meet the standards set out in the Workplace (Health, Safety and Welfare) Regulations feg ltd copyright 2015

9 Notifiable Projects Appoint a CDM Principal Designer Your CDM Principal Designer is there to advise and assist you with your CDM duties on notifiable projects. They will: Advise you about selecting competent designers and contractors Help identify what information will be needed by designers and contractors Coordinate the arrangements for health and safety during the planning phase Ensure that HSE is notified of the project Tell you if the initial construction phase plan is suitable Prepare and maintain a health and safety file for your future use You should appoint the CDM Principal Designer as soon as possible, but no later than the initial design/preparation stage. Appoint a CDM Principal Contractor Where there will be more than one contractor working on the construction project in addition to the Principal Designer, a Principal Contractor will also be required. The Principal Contractor is there to plan, manage and coordinate work while construction work is being carried out on notifiable projects. They are usually the main or managing contractor for the work. To ensure that the Principal Contractor is involved in initial discussions about issues affecting the ability to build, usage and maintenance of the finished structure, it is wise to appoint them at the earliest opportunity. Ensure a health and safety plan is in place Work should not start onsite until there is an adequate plan produced for the construction phase health and safety this is carried out by the Principal Contractor outlining the key arrangements to ensure that the work is carried out safely. Keep the health and safety file The CDM Principal Designer will prepare and maintain a health and safety file during the course of the project and will pass this on to you at the end of the project. The file is a record of useful health and safety information and will help you manage health and safety risks during any future maintenance, repair, construction work or demolition. The file needs to be kept safe, made available to anyone who needs to alter or maintain the building and updated if circumstances change. copyright 2015 feg ltd 9

10 implications for you The Construction (Design and Management) [CDM] Regulations 2015 place legal and specific duties on the Client. If you, as the Client, do not appoint a CDM Principal Designer and a Principal Contractor you will be legally liable for their duties Potentially dangerous or fatal accidents may happen while your construction work is carried out if you do not ensure that the CDM 2015 Regulations are followed Serious breaches of health and safety legislation on your construction project could result in construction work having to be stopped by the Health and Safety Executive (HSE) or your local authority and additional work may be needed to rectify matters Legal prosecution by the HSE may result if you do not work in accordance with the regulations The HSE is now self-funding and charge Fees For Intervention (FFI) and may recover its costs from you by charging a fee for the time and effort it spends on helping you to put a matter right, investigating and taking enforcement action Cooperation of all off and onsite disciplines involved in the project is vital if you as the Client are to achieve your project goal... FEG also offers CDM Consultancy to assist Clients in understanding and applying the CDM Regulations. FEG offers Principal Designers and Principal Contractors support to perform their expanded duties under the latest CDM Regulations. Where required, FEG can take on the duty role as the Principal Designer and/or the Principal Contractor on behalf of a Client. 10 feg ltd copyright 2015

11 help is at hand FEG Ltd specialises in Design & Build, Project Management and Consultancy for industrial, manufacturing and process industries. Client Support With unrivalled expertise and knowledge in an array of engineering, design, planning, specification and management disciplines, FEG s highly qualified personnel offer you impartial solutions to solve problems and meet Client requirements. FEG also offer CDM Consultancy to assist Clients in understanding and applying the CDM Regulations. Principal Designer Support FEG CDM Principal Designer support will advise and assist Clients on how to comply with the CDM Regulations during a construction project notifiable to the HSE. CDM Principal Designer s main duties are to: Consider if construction work is a notifiable project Notify details of the project to HSE Issue and manage the F10 notification On behalf of the Client and Principal Contractor provide advice and collate the project preconstruction and health and safety information pack Advise and assist the Client with their legal duties Define and outline the construction project Coordinate health and safety aspects of design work Cooperate with others involved within the project Facilitate good communication between the client, designer and principal contractor Liaise with the Principal Contractor regarding ongoing design work Identify, collect and pass on pre-construction information Prepare and update the health and safety file FEG ensures that all of these duties are carried out so you, as the Client, have an effective Health and Safety Management Plan to prevent accidents prior to, during and after larger construction projects. Principal Contractor Support FEG Ltd engineers are trained in the latest CDM regulations with skilled engineers and design capability in-house. CDM Principal Contractor s main duties are to: Liaise with the other duty holders Manage the construction phase Prepare the construction phase plan Ensure welfare facilities are provided Provide a site induction Secure the site Appoint contractors and workers Provide the right management and supervision Engage contractors and workers Monitor the risks on site Contribute to the health and safety file FEG Ltd offers Principal Contractors support to perform their expanded duties under the latest CDM Regulations. copyright 2015 feg ltd 11

12 project management air pollution control & ventilation sustainability FEG Ltd 5 Bede House Tower Road Washington Tyne & Wear NE37 2SH UK Telephone: +44(0) info@feg-global.com f e g - g l o b a l. c o m Ref: FEG-CDM-V3

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