TÜV SÜD PMSS

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The revision of the Construction (Design & Management) Regulations, and associated Approved Code of Practice, outlines changes, new duties and duty holders.

Significantly, it introduces strict liability on the client in a number of areas – in particular, for the performance of their appointed duty-holders.

TÜV SÜD PMSS is able to offer advice and guidance for the five duty holders under the proposed CDM Regulations, outlining in practical terms, what actions are required of them to deliver safe and compliant construction projects.

It is important to remember that these changes are currently as proposed in the draft version of the new regulations and it is possible that some details may change:CDM 2015 now makes the Client accountable for the

impact their decisions and approach have on health and safety and welfare on the project. The regulations

introduce a ‘strict liability’ upon clients, in a number of key areasReplacing the CDM-C role with the Principal Designer

(PD) roleChanges to the threshold for appointments of duty holdersChanges to the threshold for notificationReplacing the Approved Code of Practice (ACoP) with

guidanceReplacing the explicit requirement for individual

competence and CDM’s explicit requirement for corporate competence with a general requirement to ensure competenceClients duties will now include domestic Clients

NEW Principal Designer role replacing the CDM-CoordinatorThe rationale for replacing the CDM-C role with the PD is largely driven by the desire to meet the requirement of the Temporary or Mobile Construction Sites Directive (TMCSD) which requires pre-construction co-ordination.

CDM 2015The key changes.

The new PD role will be responsible for:Planning, managing and monitoring the pre-

construction phaseEnsuring that where reasonably practicable, risks

are eliminated or controlled through design workPassing information to the Principal Contractor (PC)Ensuring co-operation and co-ordinationEnsuring Designers comply with their dutiesAssisting the Client in preparing the pre-

construction informationPreparing the Health and Safety File

Who is, or who could be a PD?The CDM Regulations says:“Designer” means any person (including a client,

contractor or other person referred to in these Regulations) who in the course or furtherance of a business will:a) Prepare or modify a design for a construction

project b) Arrange for, or instructs any person under their

control to do so

The Principal Designer is an organisation or individual that has:Technical knowledge of the construction industry

relevant to the projectThe understanding and skills to manage and

coordinate the pre construction phase, including any design work carried out after construction begins

Any Organisation should have the necessary organisational capability to carry out the role as well as the necessary skills, knowledge and experience that individual designers must have.

Changes to the threshold for notificationA Principal Designer and a Principal Contractor must be appointed wherever it is likely that there will be more than one contractor utilised on the site. The PD role will be discharged by the person responsible for the design work, which may be a contractor, an architect, an engineer etc. It is thought by the HSE that this should provide more effective co-ordination, particularly of smaller and poorly managed projects involving significant health and safety risks.

Changes to the threshold for notificationUnder the proposed regulation changes a project is notifiable if the construction work lasts more than 30

working days AND has more than 20 persons working simultaneously at any point in the project or exceeds 500 person days. For example it would be possible to have a project on site for say 40 working days with the maximum number of persons on site not exceeding say 12 (max possible 480 person days) or 60 days with 8 workers (max possible 480 person days).

The introduction of the ‘20 persons’ element to the proposed regulations, it is likely that fewer projects would be notifiable.

Changes to competence The concept of competence remains central to the rationale behind the proposed new regulations, as there is a general requirement for the skills, knowledge and experience and the organisational capability necessary to fulfil the role that they are appointed to undertake. There is no longer a specific regulation on competence.

What TÜV SÜD PMSS can do to help your Organisation? As registered members of the Association of Project Safety and have been assessed by BSI as a registered member of the Safety Schemes in Procurement scheme – (SSIP) we are able to offer:Compliance guidance and support to all roles – Clients,

Designers, Principal Contractors Organisational Capability Assessments Delivering a Health and Safety Advisor role to work

with designers in delivering the Principal Designer RoleDeliver the Principal Designer Role as an OrganisationCDM 2015 Awareness Training Aid the transition between CDM 2007 and CDM 2015

TÜV SÜD PMSS will continue to support clients in achieving the most effective approach to construction safety and risk management. We’ll be keeping up to date, ensuring we have the information and understanding to provide you with exceptional CDM leadership and guidance. If you’d like to explore the likely impact on your business or project, we’d be pleased to discuss the proposed revisions with you.

ContactFor more information please contact us on 01794 527 506 and speak to a member of the QHSE team or email training@pmss.com

TÜV SÜD PMSS 8 Latimer Walk Romsey Hampshire SO51 8LA United Kingdom+44 1794 527 500 enquiry@pmss.com www.pmss.com