Gauged Solutions have been asked to present to many of our clients a summary of the changes to the CDM Regulations 2007. For a detailed analysis of how CDM 2015 will affect your maintenance or construction business, please contact us at enquiries@gauged-solutions.com and we will arrange for a consultant to speak with you about the specialist CDM consultancy, or health and safety risk management training that Gauged Solutions provide.
For details about the CDM Specific training courses we offer for CDM awareness, existing roles and responsibilities and what we will be offering for Principal Designer roles, please contact us as enquiries@gauged-solutions.com
The salient points to the presentations and training we are giving are listed below.
HSE - Conultation Document L153
It is envisaged that the CDM Draft guidance document L153 produced by the Health and Safety Executive will be implemented in April 2015.
Replacing CDM- Coordinator with Principal Designer
One area that has been raised as a concern during the consultation phase is that of the replacement of the CDM C with a Principal Designer (PD). The PD is expected to be a role appointed by the client from (possibly) within the design team. Responsibilities
- Eliminating or controlling risks through design phase
- Ensuring the Principal Contractor (PC) is kept updated
- Ensuring that a construction phase plan is prepared
- Assisting the client with the construction phase plan
- Making sure designers comply with their duties
- Preparing the Health And Safety File
How the PD is expected to carry out these additional duties remains unclear. Training existing staff is one option, but many believe the PD role will be subcontracted out to a specialist. What is clear is that they will need support to meet their obligations. At Gauged Solutions, we are currently working with many of our clients as their PD-Liaison Specialist, in order to help them fulfil their duties and be fully compliant with the new legislation.
Appointments
A Principal Designer and Principal Contractor must be appointed where there will be more than one contractor working on a construction project.
- “Contractor” Individual or a company.
- Causing much confusion
Replacement of explicit requirements for duty holder competence with appropriate Information, Training, Instruction and Supervision
Construction work will include:
- Alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance, decommissioning, demolition or dismantling of a structure
- General Maintenance of fixed plant removed
Removal of Domestic Client Exemption
Domestic clients have no responsibilities under current CDM 2007. The HSE is proposing to remove the exemption as it breaks the TMCS EU Directive. Concerns have been raised over small contractors who only carry out domestic works being subject to new complex regulations which they will have to get to grips with in a short space of time. Recognising that this change needs to be proportionate, The HSE has recommended that duties placed on domestic clients are taken on by the contractor (or Principal Contractor).
Approved Code Of Practice (ACOP) – Removal
Following the consultation that took place in August last year, the HSE is planning a partial reversal of the its plan to abandon the approved code of practice, when it implements the CDM Regulations 2015.They now intend to publish a slimline version to accompany the regulations as a later date. It is more likely to be a short “signposting” version of the ACOP.
Project Notification
Notification to the HSE is currently given if:
- The project lasts over 30 days or
- Involves more than 500 person – days.
The new regulations, CDM 2015 will require notification to the HSE if:
- The project lasts over 30 days AND……has more than 20 workers Simultaneously
The CDMC currently notifies the Health and Safety Executive, however under the new legislation the notification responsibility will be that of the client. It is generally felt that this will require considerable education of the client. However, this will no longer be the initiator for appointing a PC or PD, which has been the case to date. Instead a project with more than one contractor will be the trigger to initiate the allocation of these roles.
The Transition Period
The Health and Safety Executive are proposing a cross over period of six months for:-
- Projects under construction when revised Regulations come into effect
For many projects it will be possible to continue with a CDM – C until their Coordinator function is no longer required, subject to a six month limit.