“Construction Design &

Management (CDM) 2015

Update!
- Impact & Opportunities of the
Potential Changes”
Steve Coppin
MSc BEng CFIOSH RFaPS FIIRSM OSHCR MCIOB MCMI MILM AMEMA
Rider Levett Bucknall
Partner - Head of Health & Safety Services
- Birmingham
Stephen Coppin 03/10/2014
 CDM Mkiii

We’ve had Two bites

Now it’s time for another?
Stephen Coppin 03/10/2014
 • Intro
• What is currently in place?
• Where does it apply?
• Who is responsible for what – impact on
Client
• Difference between the pre-construction
stage and actual construction phase
• Removal of the existing “CDM
Coordinator” with the new role of
“Principal Designer”

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 • Removal Competence with Information,
Instruction, Training and Supervision
• Full application of these Regulations on all
projects with more than “trade” Contractor
on site.
• Placing Client duties for domestic on the first
appointee?
• Transition period?
• Implementation – 6th April 2015

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Stephen Coppin 03/10/2014
 Current CDM 2007
Business Initial Tender Detail Construction FM
Justification Design Stage Design Phase Maintenance

PCI Construction Phase Plan

Design Hazards & Risks

Maintenance Access Strategy etc

Health & Safety File

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 HSA – S,H&W(C) Regs 2013
• Safety Health and Welfare at Work (Construction) (Amendment) Regulations 12
Where the work involves a particular risk, or where more than one
contractor involved or likely to exceed:
30 working days or 500 person days

Safety Health and Welfare at Work (Construction) Regulations 2013 (SI 291)

•Client
•Project Supervisor Design Process (PSDP),
•Health & Safety Coordinator (H&SC), if appointed:
•Project Supervisor Construction Stage (PSCS),
•Health and Safety Coordinator (H&SC) , if appointed:
•Designers, Contractors and Employees
•Site Safety Representatives

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 HSA – S,H&W(C) Regs 2013 Guidance

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 HSE CDM 2014 – 2015 PROGRAMME?
October 2014
Redraft and to be confirmed subject to Ministerial
and Parliamentary scrutiny to become law by 6th
April 2015?
19th November 2014:
Press Release possibly after CONIAC are offically
consulted/informed ?
January 2015:
Final Regulation and LS Guidance released?
Feb 2015:
Industry Guidance and Information on HSE Website?
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Stephen Coppin 03/10/2014
 Draft Guidance Documents

L SERIES 144?

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 What Has Really Changed? 1
• New Role – Design Health & Safety
Coordination by Principal Designer
(PD)*
• No more separate role of CDM
Coordinator*
• Earlier appointments on Design
Safety Coordination*
• Appointment of a PD & PC is
triggered - more than one ‘Trade’
Contractor on site, rather than the
current threshold for Notification.

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 What Has Really Changed? 2
• Non specific on Competence
with exception of the term
“Information, Instruction,
Training & Supervision” *
• Construction Phase Plan
required on all projects by either
the appointed Principal
Contractor or Contractor;
• Domestic projects - Placing
client duties with the first
appointee*
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Potential CDM 2015 – TRAD & D&B Projects?

Business Initial Tender Detail FM

Construction Phase Maintenance
Justification Design Stage Design

PCI Construction Phase Plan

Design Hazards & Risks

Maintenance Access Strategy etc

Health & Safety File

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 CDM 2015? – Part 3: Health & Safety
Duties and Roles
CLIENT

PD PC

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 New Reg 36 - Transitional provisions! - 1

• Client must appoint the PD and the PC, as

soon as is practicable.
• There is now to be clarity on a Transitional
Period for 6 months on replacing the CDMc
with a PD for projects that start before and
are completed post April 2015.

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 SUMMARY
• Their role has tended to become more technical and
less managerial in nature.
• The proposed revision removes the role of the CDMC and
passes the responsibility to a ‘Principal Designer‘ (PD).
• Firstly, it will mean that the Co-ordination will be delivered
through a pre-existing part of a project team:
- the Lead Designer,
- the Project Management company acting on behalf
of the Client
- the Client themselves
• Rather than an 'add-on' to satisfy legal requirements.

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 HSE’s View - CDMC Replaced By a PD - 3
• Secondly, Co-ordination between the
different parties to a construction
contract is a natural part of a Designer's
role.
• Intended that Co-ordination as a core
business function of the pre-existing
project team rather than appoint an
outside Co-ordinator to deliver.
• In addition to this, having one party
delivering both functions is expected to
generate significant savings, as Co-
ordination and information exchange
is simplified.

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 • “General requirement for Information,
Instruction, Training and Supervision is
proposed in place of a separate regulation on
competence.”
• “HSE believes that the competence of
Construction industry professionals should
be overseen by, and be the responsibility of,
the relevant Professional Bodies and
Institutions.”
• Don’t Forget:
• Reg 7 - MHASW & HSG 65
• Section 2 (c) HASAWA 74
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 CDM 2015?– Part 2: Client Duties
Regulation 5
Client Duties for Managing Projects
• (1) Make arrangements for managing a project (incl.
the allocation of sufficient time and other resources).
• (a) Construction work is carried out SFARP without
risk to the Health & Safety of any person;
• (b) Requirements of Schedule 2 are complied with in
respect of any person carrying out construction work.

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 CDM 2015?– Part 2: Client duties

5 (d) The Principal Designer prepares an appropriate HSF

for the project, which—
(i) includes information provided by the Client, specified in
Reg 4(9)(c) of the Control of Asbestos Regulations 2012(a);
(ii) is revised from time to time as appropriate to
incorporate any relevant new information; and
(iii) is kept available for Inspection by any person who may
need it to comply with the relevant legal requirements.

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 • Reg 5 (2) A Client must provide Pre-
Construction Information, as soon as
practicable to —
• (a) each Designer involved in the design of a
structure; and
• (b) each Contractor who is or might be
engaged by the Client in relation to a project.
• Increased accountability back to Client for
ensuring PD under Reg 4(a) and PC under Reg
4(b) comply with their Duties.

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 CDM 2015? – Part 2: Client Duties
Regulation 7
1) A project is Notifiable, if the Construction work on
a Construction site is scheduled to —
(a) More than 30 working days & more than 20
workers working simultaneously at any point in the
project; or
(b) Exceed 500 person days.
(2) Client must provide notice to the HSE or ORR,
as soon as is practicable before the Construction
phase begins.
CONIAC –
20/11/13
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 PRINCIPAL DESIGNER’S ROLE

PLAN

COORDINATE
CDM MANAGE

MONITOR

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PD’s Core Skills & Capability?

Project Mgt

Technical Design
Design Mgt

OH&S

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 PRINCIPAL DESIGNER’S DUTIES
• PD must plan, manage, monitor and coordinate the Pre-Construction
Phase of a project, taking into account the general principles of
prevention to ensure —
• (a) SFARP, the project is carried out without risks to Health or
Safety;
• (b) Provide assistance to the Client in the preparation of the
Pre-Construction Information
• (c) Identification, elimination, or control, SFARP, of foreseeable
risks to the Health or Safety of any person—
• (i) Carrying out or liable to be affected by construction work,
• (ii) Maintaining or cleaning a structure, or
• (iii) Using a structure designed as a workplace;
• (d) Cooperation of all persons working on the project;
• (e) Designers comply with their duties in Reg 10;

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 Regulation 9 - Duties of Principal Designer
• Plan, Manage, Monitor, Co-ordinate
• Client assistance
• Risk control
• Ensuring Designers comply with duties
• Prepare the H&S file
• PCI Provision
• Liaison with PC

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 OGC GATEWAYS – ACHIEVING EXCELLENCE IN
CONSTRUCTION PROCUREMENT NO.10

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 GATEWAY PROCESS

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 Architects
and Clients
Engineers

Who is a
Designer?

Procurement
Managers / QS’s
Contractors

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 DESIGNER DUTIES
• Designer duties apply to any business that
prepares or modifies a design for a
particular structure. This definition includes
companies, partnerships and sole traders.
• Architects.
• Civil Engineers
• Structural engineers.
• Services engineers (i.e. Mech, Electrical).

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Acoustic consultant. A designer must not commence work in relation to a
Ecologist. project unless satisfied that the
client is aware of the client duties under these
Environmental consultant. Regulations.
Facilities management
(2) Whenconsultant.
preparing, or modifying a design the designer
Fire engineering consultant. must take into account the general
principles of prevention and any pre-construction
Health and safety consultant.
information to eliminate, so far as is reasonably
practicable, foreseeable
Inclusive Design (Access) consultant risks to the health and safety of
any person—
Interior designer. (i) carrying out or liable to be affected by construction
Information and communications technology work; consultant.
(ii) maintaining or cleaning a structure; or
Landscape consultant. (iii) using a structure designed as a workplace.
Lighting designer. (3) If it is not possible to eliminate the risks in
Masterplanner. accordance with paragraph (2), the designer must
so far as is reasonably practicable—
Public health consultant.
(i) take steps to reduce and control the risks through the
Security consultant. subsequent design process;
(ii) provide information about those risks to the principal
Transport / traffic engineer. designer; and
(iii) ensure appropriate information is included in the
health and safety file.

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 DESIGNER’S DUTIES
• A Designer must not commence work in
relation to a project unless satisfied that
the Client is aware of their duties.
• When preparing, or modifying a design the
designer must take into account the
general principles of prevention and any
pre-construction information to eliminate,
so far as is reasonably practicable
(SFARP), foreseeable risks to the health
and safety of any person:
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 DESIGNER’S DUTIES
• (i) carrying out or liable to be affected by construction work;
• (ii) maintaining or cleaning a structure; or
• (iii) using a structure designed as a workplace.
• If it is not possible to eliminate the risks the Designer must
SFARP —
• (i) take steps to reduce and control the risks through the
subsequent design process;
• (ii) provide information about those risks to the principal
designer; and
• (iii) ensure appropriate information is included in the health
and safety file.

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 DESIGNER’S DUTIES
• The Designer must take all reasonable steps to
provide with the design sufficient information
about aspects of the Design of the structure or its
construction or maintenance to adequately
assist—
• (a) Clients;
• (b) other Designers; and
• (c) Contractors,
• to comply with their duties under these
Regulations.

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Designs prepared or modified outside Great
Britain
• 11. Where a Design is prepared or modified
outside Great Britain for use in construction
work to which these Regulations apply—
• (a) the person who commissions it, if
established within Great Britain; or (b) if that
person is not so established, the Client for the
project, must ensure that Regulation 10 is
complied with.
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 Eliminate – firstly, remove the hazard and
substitute for a safer alternative
Reduce – secondly, lessen the impact of
the hazard or the likelihood
Inform – thirdly, provide information to
those affected
Control – lastly, undertake actions to
control the effects of the hazard
The order is all important.

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 BIM = Building Information Model

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 SUMMARY
• Safety and health considerations go hand in hand with
good design and make business sense
• Designers’ duties apply to all projects, including non-
notifiable and domestic
• Forget detailed Design Risk Assessments – simply think
through the buildability, usability, maintainability and de-
constructability (demolition)
• Apply ERIC – eliminate hazards and reduce risks as far as
is reasonably practicable and inform others about any
significant residual risks
• Designers should co-operate with others in the risk
management process
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 Proposed Solutions?
• Due Diligence, Gap Analysis and review
• Procurement (Change of Contracts)
and Gateway Processes
• Role of Independent CDM Advisor &
Principal Designer!
• Workshops / Quarterly review
• Upskilling and CPD
• Monitoring and review
• Benchmarking good and bad practice

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 Any Questions?
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 A broken ankle rarely
heals fully.
Someone who breaks
their ankle on a
construction site is not
likely to return to the
job they were doing at
the time of the
accident.

Stephen Coppin 03/10/2014

 ANY FURTHER
QUESTIONS?

THANK YOU
FOR YOUR KIND
ATTENTION!

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