The Construction (Design and Management) Regulations 2015 (CDM 2015) give duties to six parties: the client, the principal designer, designers, the principal contractor, contractors and workers. The client sets the project up and makes the appointments. Designers deal with risk before it reaches site. The principal contractor runs health and safety through the construction phase, and every contractor manages its own work and people.
Which duties apply to everyone?
Regulation 8 applies to everyone. Every designer and contractor appointed, principals included, must have the skills, knowledge and experience, and if an organisation the organisational capability, to do the role safely. They must not accept the appointment otherwise, and whoever appoints them must take reasonable steps to check (see the four-part competence test). Everyone with a duty must cooperate with others on the project as far as needed for each to do their part, and any information or instruction must be understandable and given as soon as is practicable.
What must the client do?
The client is any person for whom a project is carried out. Its duties are in Regulations 4 to 6:
make suitable arrangements for managing the project, including enough time and resources, so that, so far as is reasonably practicable, the work is carried out without risks and Schedule 2 welfare is provided (4(1) to (3))
give pre-construction information as soon as is practicable to every designer and contractor appointed or being considered (4(4))
make sure a construction phase plan is drawn up before the construction phase begins, and that the principal designer prepares a health and safety file (4(5))
take reasonable steps to make sure the principal designer and principal contractor carry out their duties (4(6))
where there is, or will foreseeably be, more than one contractor, appoint both in writing (5)
notify HSE in writing before the construction phase if the work is scheduled to last over 30 working days with more than 20 workers working simultaneously at any point, or to exceed 500 person days (6)
A client who does not appoint a principal designer or principal contractor must carry out those duties itself (5(3) and (4)). More in the client, the most misunderstood duty holder.
What changes for a domestic client?
A domestic client is one for whom the work is not done in the course or furtherance of a business. Under Regulation 7, its duties in Regulations 4(1) to (7) and 6 pass to the contractor if there is only one, to the principal contractor if there are more, or to the principal designer under a written agreement. If it makes no appointments, the designer and contractor in control of each phase take the principal roles.
What must the principal designer do?
Under Regulations 11 and 12, the principal designer must:
plan, manage and monitor the pre-construction phase and coordinate health and safety in it
identify and eliminate or control foreseeable risks, so far as is reasonably practicable
ensure designers comply with Regulation 9, and everyone in the pre-construction phase cooperates
help the client provide pre-construction information, and pass on what is within its control
liaise with the principal contractor and give it what it holds for the construction phase plan
prepare the health and safety file, keep it up to date, and pass it to the client at the end
See the principal designer, the most misappointed role.
What must a designer do?
Regulation 9 applies to every designer, and a contractor who changes a detail on site can be one. A designer must not start until satisfied the client knows its duties. It must take into account the general principles of prevention and any pre-construction information to eliminate foreseeable risks, so far as is reasonably practicable. Where it cannot, it must, so far as is reasonably practicable, reduce or control them, tell the principal designer, and see that the information reaches the health and safety file. It must also provide enough information with the design to help others meet their duties.
What must the principal contractor do?
Under Regulations 12 to 14, the principal contractor must:
draw up the construction phase plan before setting up the site, and keep it reviewed (12(1) and (4))
plan, manage, monitor and coordinate health and safety in the construction phase (13(1))
organise cooperation between contractors and coordinate how they meet their legal requirements (13(3))
ensure a suitable site induction, keep unauthorised people out, and provide Schedule 2 welfare throughout (13(4))
liaise with the principal designer and feed the health and safety file (13(5) and 12(7))
consult and engage with workers (14)
We cover these in what a principal contractor does.
What must a contractor do?
Regulation 15 applies to every contractor, including subcontractors. A contractor must:
not start until satisfied the client knows its duties
plan, manage and monitor its work so that, so far as is reasonably practicable, it is done without risks
follow directions from the principal designer or principal contractor, and the relevant parts of the plan
only use people who have, or are getting, the skills, knowledge, training and experience for their tasks
give its workers supervision, instructions and information, including an induction where the principal contractor has not given one
not begin until reasonable steps have been taken to keep unauthorised people out
A sole contractor also draws up the construction phase plan (15(5)).
Do workers have duties under CDM 2015?
There is no separate workers' regulation. Regulation 8(5) requires anyone working under another's control to report anything likely to endanger themselves or others. HSE's guidance for workers adds that they should only take on work they are competent, or trained and supervised, to do, and should follow the site rules.
A quick check for any project
More than one contractor, now or later? Principal designer and principal contractor appointed in writing.
Competence checked for every appointment.
Pre-construction information sent to everyone appointed or being considered.
Notifiable? HSE told before work starts.
Construction phase plan in place before the site is set up.
Health and safety file started, with someone keeping it current.
Free checklist
Our one-page resourcing checklist has seven checks before Monday and four questions to ask before you take on a new job. It is free, with no sign-up. More are on our free checklists page.
Where Clarity PC fits
Clarity PC is the principal contractor's CDM 2015 system. It runs the whole role in one place, from F10 notification and the construction phase plan, through live daily site controls, to a complete health and safety file at handover. It is coming soon.
This article is general information, not legal advice.