The final draft of the proposed Construction (Design & Management) Regulations 2015 have now been published with the Regulations due to come into force in April this year with a transition period of 6 months. So what are the main changes?

The regulations identify key duty holders and provide guidance for each duty holder. These include:

• Clients
• Contractors
• Designers
• Principal Designers
• Principal Contractors
• Contractors

There is also guidance on the construction phase health and safety plan and file. With regard to the duties of the client duties are as follows:

Clients: organisations or individuals for whom a construction project is carried out.

Make suitable arrangements for managing a project. This includes making sure:

• Other duty holders are appointed;
• Sufficient time and resources are allocated;

Making sure: ·

• Relevant information is prepared and provided to other duty holders;
• The principal designer and principal contractor carry out their duties;
• Welfare facilities are provided.

Domestic clients, are people who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not. Domestic clients are in scope of CDM 2015, but their duties as a client are normally transferred to:

• The contractor, on a single contractor project, or
• The principal contractor, on a project involving more than one contractor.

However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties.

The role of a CDM-Coordinator will no longer exist with a ‘Principal Designer’ being appointed. Their duties will be to:

• Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:
  • Identifying, eliminating or controlling foreseeable risks
  • Ensuring designers carry out their duties;
• Prepare and provide relevant information to other duty holders;

Liaise with the principal contractor to help in the planning, management, monitoring and coordination of the construction phase.

The ACOP makes it clear that “CDM 2015 makes the client accountable for the impact their decisions and approach have on health, safety and welfare on the project.’

The draft ACOP is available from the HSE website or contact Cardinus for further guidance on 020 7469 0200 or email [email protected]