The Construction (Design and Management) Regulations 2015 came into effect on 6 April 2015 making sweeping changes to previous CDM regulations.  The former exclusions for small projects no longer apply, which means that care homes and professional practices, such as GP surgeries, will be subject to the regulations should they undertake any building project.

CDM 2015 places more responsibility upon the client (such as the care home operator or the GP partnership) to ensure that the construction work can be carried out safely. 

The regulations state that the client must ensure:

1. arrangements are put in place before work commences and are reviewed throughout the life of the project
2. suitable pre-construction information is provided to designers and contractors
3. the sole or principal contractor prepares a construction phase plan before construction work begins
4. where there is more than one contractor, the principal designer prepares the health and safety file.

Most projects will require a principal designer and principal contractor, who must be appointed before the construction phase begins.  Should the client decide not to appoint a principal designer, this role and its responsibilities will be assigned automatically to the client.

The Health & Safety Executive has to be notified of projects where construction work is to last longer than 30 working days and where more than 20 workers will be on site at any one time, or where construction work is to exceed 500 person days.  Notification has to be made by the client rather than the principal designer.

The principal designed has to:

1. ensure the client knows of their duties under CDM 2015
2. when designing, take into account the principles of prevention and the pre-construction information received from the client
3. prepare a design that eliminates foreseeable risks to health and safety, not only in construction but in using, cleaning and maintaining the building thereafter

The principal contractor has to:

1. follow the structure of CDM 2015
2. plan, manage and monitor the construction phase so that construction work is carried out without risk to health and safety
3. carry out the construction works, taking into account the principles of prevention
4. create and maintain the construction and phase plan
5. liaise and consult with workers on the steps being taken to ensure health and safety

Other parties engaged on the site have duties relating to health and safety too.   These are considerably more detailed and anyone working on a site must be familiar with them.  It should be remembered that CDM 2015 is enforced by the Health & Safety Executive by way of criminal proceedings against those in breach.

For advice on this or any aspect relating to the legal side of your construction project, contact Peter Allen.

Peter Allen
01245 453813
peter.allen@birkettlong.co.uk