Draft CDM 2015 And Related Guidance

The HSE has published draft guidance on the legal requirements arising from the new Construction (Design and Management) Regulations ('CDM 2015') . Designed to be easier to read than its predecessor, CDM 2015 makes some substantive changes while reallocating some existing duties to different people. Breaches of the new rules, which may still change prior to 6 April, may lead to criminal liability with a maximum penalty of an unlimited fine or 2 years' imprisonment, or both. Breaching the guidance, while carrying no criminal liability in itself, may indicate non-compliance with the regulations.

The draft Legal (L) Series guidance is being made available before CDM 2015 comes into force to give dutyholders under the new Regulations time to prepare in advance. Draft industry guides can be found on the HSE website explaining the new responsibilities for clients, contractors, designers, principal contractors, principal designers and workers.

Under CDM 2015 the 'CDM co-ordinator' will no longer exist - their previous duties are to be split between the client, principal contractor ('PC') and the new role of 'principal designer' ('PD'), a designer in control of the pre-construction phase appointed to plan, manage, monitor and co-ordinate health and safety during that phase. Clients have a number of extra duties:

Appointing a PD and PC where there is more than one contractor, or where it is reasonably foreseeable that more than one contractor will be working on a project at any time; Fulfilling the duties of a PD and PC in the event of a failure to appoint them; Making suitable arrangements for managing a project; Taking reasonable steps to ensure that the PD and PC comply with their duties under the Regulations; Ensuring that the PD prepares and maintains an appropriate health and safety file for the project; Providing pre-construction information, including health and safety hazards, to every designer and contractor appointed or considered for appointment. Domestic clients (those having construction work carried out at their own home or the home of a family member which is not done as part of a business) are also subject to the new rules, although their duties are normally transferred to the contractor or PC, or they can choose to transfer them to the PD by written agreement. Other key points to note under CDM 2015 are:

The pre-construction phase includes any period during which design work is carried out...