Health and Safety is something that is central to the way that we operate at RCA Regeneration, responsible design and development should be at the heart of every construction project.
The Construction (Design and Management) Regulations 2015 place obligations on a number of legal duty holders including the client / client organisation for whom a construction project is carried out. The CDM Regulations apply to the vast majority of construction projects for both homeowners and commercial clients.
So as a client who undertakes construction projects or is thinking of doing so, what should you know about the regulations and discharging your legal duties?
The Construction (Design and Management) Regulations 2015
The Construction (Design and Management) Regulations 2015 (CDM 2015) came into force on 6 April 2015, the Regulations cover the management of health, safety and welfare when carrying out construction projects including maintenance, small-scale building work or other minor works carried out in connection with a business.
CDM 2015 applies to all construction work including domestic projects.
Am I a client under the CDM Regulations 2015?
CDM 2015 defines a client as anyone for whom a construction project is carried out. The Regulations apply in full to commercial clients, but for domestic clients the effect of the regulations is to largely pass the client duties on to other duty holders, particularly the principal designer and principal contractor.
What are my client duties under CDM 2015:
The client’s duties under CDM 2015 cover a range of areas, some of the required client actions are summarised below:
- Appoint the right people at the right time
- Ensure there are arrangements in place for managing and organising the project
- Allow adequate time
- Provide information to your designer and contractor
- Communicate with your designer and building contractor
- Ensure adequate welfare facilities on site
- Ensure a construction phase plan is in place
- Keep the health and safety file
- Protecting members of the public, including your employees
- Ensure workplaces are designed correctly
- F10 Notification
The Health and Safety Executive recognise that many clients will not be experienced in managing construction works but their actions will necessarily have an impact on the project:
Many clients, particularly those who only occasionally have construction work done, are not experts in construction work. Although you are not expected to actively manage or supervise the work yourself, you have a big influence over the way the work is carried out… The decisions you make have an impact on the health, safety and welfare of workers and others affected by the work.
CDM 2015 is not about creating unnecessary and unhelpful processes and paperwork. It is about choosing the right team and helping them to work together to ensure health and safety.
When should I make appointments under CDM 2015:
Dutyholders should be appointed at the right time. For example, a client must appoint the principal designer as soon as practicable and before the start of the construction phase. This early appointment ensures that enough time is allowed to carry out their duties to plan and manage the pre-construction phase.
In reality this means that the appropriate arrangements under CDM 2015 should be in place early in the design process so that the proposed works can be adequately considered and appropriate pre-construction information gathered. Delaying a full and coordinated consideration of health and safety matters can lead to project delays and abortive design works if new information comes to light.
A designer’s duties apply as soon as designs which may be used in construction work are started and a designer must not commence work in relation to a project unless satisfied that the client is aware of the duties owed under the Regulations.
Why should you consider CDM 2015 as a client:
Complying with CDM 2015 will help ensure that no-one is harmed during the work, and that your building is safe to use and maintain while giving you good value. Effective planning will also help ensure that your work is well managed with fewer unexpected costs and problems.
A failure to comply with the requirements of CDM 2015 can result in enforcement action being taken by the Health and Safety Executive (HSE), including prosecution. Depending on the nature and severity of the breach, penalties can range from monetary fines to periods of imprisonment (for individuals).
What services can RCA provide to assist clients with CDM 2015:
We can provide a Principal Designer service alongside our architectural appointments to support a client’s discharging of their duties under the CDM Regulations 2015, please ask about this service when discussing your project.
Further guidance on a construction client’s responsibilities under the CDM Regulations 2015 can be found on the Health and Safety Executive’s website: Construction – Construction Design and Management summary of duties (hse.gov.uk)
Get in touch with us to ensure your project meets CDM 2015 requirements and has the right design support from the very start.
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