Interpretation & Guidance of the CDM 
  Regulations 2015
          Interpretation & Guidance of the CDM Regulations 2015
         1.0      WHATISCDM2015?                                                                                                             3.0    WHATISCONSTRUCTION WORK?
         Since 1994 there has been a requirement for construction professionals and workers to adhere to various                             It can benoted that Regulation 2 of CDM 2015 provides acompletelist of definitions and is inclusivewith only very
         versions of theConstruction Design and Management Regulations which were designed to reduce accidents and                           specific items falling outside of its remit. We consider it notable that maintenance is deemed construction work
         promote asafer working environment in Construction.                                                                                 and hence we recommend that all work undertaken should, to avoid any liability failing upon the client, take
                                                                                                                                             consideration of CDM 2015.
         The Construction (Design and Management) Regulations 2015 (“CDM 2015”) replaced the previous CDM 2007
         Regulations on the 6th of April 2015. There are significant changes from the CDM 2007 regulations which now
         places greater emphasis on the client rolefor whom aconstruction project is carried out. The previous CDM co-                                      CONSTRUCTION  WORK                                      NOT CONSTRUCTION  WORK
         ordinator role has been replaced with the requirement to appoint a principle designer and, where more than
         onecontractoris involved, aprinciplecontractor.                                                                                      ▪    Thecarryingoutofanybuilding,civilengineeringor             Fromthe 2015Regulations
                                                                                                                                                   engineering construction work and includes the        •    The exploration for or extraction of mineral
         Under CDM 2015 there is a requirement for those dutyholders¹ appointing others, (clients, principle designers                             construction, alteration, conversion, fitting out,         resources or activities preparatory thereto carried
         and principle contractors) to take reasonable steps to satisfy themselves that the appointee has the skill,                               commissioning,     renovation,    repair,   upkeep,        out at aplace where such exploration or extraction
         knowledge and experience necessary to fulfil the role appointed to undertake. Penalties for noncompliance                                 redecoration   or other maintenance (including             is carried out;
         whencarryingout construction projects which fallunder CDM 2015regulations is acriminal offencepunishable                                  cleaning which involves the use of water or an
         with unlimited fines and forindividual’s in serious breach of theregulations, imprisonment.                                               abrasive at high pressure or the use of corrosive or       Fromthe ApprovedCodeofPractice 2007 (believed
                                                                                                                                                   toxic substances), decommissioning, demolition or          to be carried forward to the2015regulations)
         CDM 2015 now captures domestic construction work to reduce risk in this area which previously was                                         dismantlingofastructure³;
         unregulated and applies in Great Britain².                                                                                           ▪    Thepreparation foran intended structure,including     •    Putting up and taking down marquees and similar
                                                                                                                                                   site clearance, exploration, investigation (but not        tents designed to bere-erected at various locations;
                                                                                                                                                   site survey), and excavation, and the clearance or    •    Tree plantingand general horticultural work;
         2.0     WHENDOES CDM2015APPLY?                                                                                                            preparation of the site or structure for use or       •    Positioning and removal of lightweight movable
                                                                                                                                                   occupation at its conclusion;
                                                                                                                                              ▪    The assembly on site of prefabricated elements to          partitions, such as those used to divide open-plan
         CDM2015APPLIESTOALLCONSTRUCTION WORK                                                                                                                                                                 offices orto createexhibition stands and displays;
                                                                                                                                                   form a structure or the disassembly on site of        •    Surveying – this includes taking levels, making
         It is intended to include construction work and includes all planning, design, management or other work                                   prefabricated elements which, immediately before           measurements and examiningastructureforfaults;
         involved in a project until the end of theconstruction phase.                                                                             such disassembly,formed astructure;
         Organisations or individuals can carry out the role of more than one duty holder, provided that are sufficiently                     ▪    The removal of a structure or of any product or       •    Work to or on vessels such as ships and mobile
         capable. The role itself is not specificallydefined within CDM 2015                                                                       waste resultingfromdemolition ordismantling of a           offshoreinstallations;
                                                                                                                                                   structure or from disassembly of prefabricated        •    Off-site manufacture of items for later use in
         Also applies to premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974                          elements    which     immediately    before    such        construction work (for example roof trusses, pre-
         Actapply byvirtueofarticles 9 and 11(1)(a) of theHealth and Safetyat Worketc. Act 1974 Order2013                                          disassemblyformed such astructure;                         cast concrete panels, bathroom pods and similar
                                                                                                                                              ▪    The   installation,  commissioning,    maintenance,        pre-fabricated elements and components;
                                                                                                                                                   repair or removal of mechanical, electrical, gas,     •    Fabrication of elements which will form parts of
                                                                                                                                                   compressed air, hydraulic, telecommunications,             offshoreinstallations;
                                                                                                                                                   computer or similar services which are normally
                                                                                                                                                   fixed within orto astructure.                         •    The construction of fixed offshore oil and gas
         ¹Organisations or individuals can carry out the role of more than one duty holder, provided that they are sufficiently capable. The role itself is not                                               installations at theplacewherethey will beused.
         specifically defined within CDM 2015 
         ²Also applies to premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 9 and 
         11(1)(a) of the Health and Safety  at Work  etc. Act 1974 Order 2013
         ³Refer  to Section 4
         Interpretation & Guidance of the CDM Regulations 2015
         4.0 WHATISASTRUCTURE?                                                                                                    ▪   Making sureeveryone has the information,instruction,training and supervision theyneed to carryout their jobs
         “Structure” means:                                                                                                       ▪   Ensuringthat Health and Safety is engaged throughout theproject
                                                                                                                                  CDM 2015 seeks to make the client responsible and hence accountable for the impact of their decisions on the
         a)   any building, timber, masonry, metal or reinforced concrete structure, railway line or siding, tramway line,        health, safety and welfare on any project.
              dock,harbour,inland navigation, tunnel, shaft,bridge, viaduct, waterworks, reservoir,pipeor pipe-line, cable,
              aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works,
              earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure or          6.1    AppointmentofthePrincipalDesignerand PrincipalContractor
              structure designed to preserve or alter any natural feature, fixed plant and any structure similar to the
              foregoing; or                                                                                                       Where there is more than one contractor, or if it is reasonably foreseeable that more than one contractor will be
         b)   anyformwork, false-work,scaffold or other structuredesigned or used to providesupport or means of access            working onaproject at any time, the client must appoint in writing:
              duringconstruction work,and any reference to astructureincludes apart of astructure.                                a)   Adesigner with control overthe pre-construction phaseas “PrincipalDesigner”;and
          It can also benoted that any reference to aStructure includes part of astructure.                                       b)   AContractor as “Principal Contractor”.
                                                                                                                                  It is the clients obligation to ensure that that Principal Designer and the Principal Contractor have the skills,
         5.0    WHENISAPROJECT NOTIFIABLE?                                                                                        knowledge and experience, and capability to fulfil that role. We have implemented a procedure of auditing
                                                                                                                                  contractor’s to ensurethey meet minimum Health and Safetycompliance standards and wewould recommend that
                                                                                                                                  each contractor/principal contractor that you appoint is audited to discharge your obligations.
         Aproject is notifiableif theconstruction work on aconstruction siteis scheduled to:
         a)   last longer than 30 working days and have more than 20 workers working simultaneously at any point in the           Where there is only likely to be a single contractor involved in the project it still falls under CDM 2015. The
              project; or                                                                                                         contractor is still obligated to undertake the same primary roles as the Principal Contractor, just without the co-
         b)   exceed 500person days,ofconstruction work.                                                                          ordination aspects. Whilst on these very small projects there is no obligation for the Client to appoint a Principal
                                                                                                                                  Designer, unless the client wishes to take on all of the responsibilities associated with the role of designer, we
         Where a project is notifiable the client must give notice in writing to the HSE as soon as is practicable before the     recommend an appointmentis stillmade. Effectively thesame obligations applyas on larger projects.
         construction phasebegins.
                                                                                                                                  The appointments mustbemade as soon as is practical and beforetheconstruction works commence. If the Client
                                                                                                                                  doesn’t appoint thePrincipal Designer and/orPrincipal Contractor theClient will besolely responsibleforthe things
                                                                                                                                  that they should havedone.Non conformancewith CDM 2015can lead to prosecution and fines fromtheHSE₄.
         6.0    WHATDOCLIENTSNEED TO DO?
         The key elements that aclient needs to ensureis that:
         ▪   Apply the principles of prevention: avoid risks wherever possible; elevate risks that cannot be avoided; and put
             in place appropriate control measures that control them.
         ▪   Appointingthe right people are theright time
          Interpretation & Guidance of the CDM Regulations 2015
          6.2 Ensure suitable arrangements                                                                                                 7.0    SUMMARYOFTHEROLESANDDUTIESUNDERCDM2015
          CDM2015doesnotexpectclients tobeexperts, butitdoes place an obligation upon themto makesuitable
          arrangements relevant to theparticularproject which should beproportionateto thesize ofthe project and                                CDM Duty holders –Who are they?                                     Summary of Role/Main Duties
          the risks involved.
          Our interpretation is that even on the the very smallest and simplest of projects the CDM 2015 regulations                        Clients – are organisations or individuals for whom a      Make suitable arrangements for managing a project. This
          arelikely to apply and hencethe client duties are required.Whilst theHSEGuidance on CDM 2015suggests a                                                                                                             ₅
          proportionate approach it does not dissolve or suggest a reduction in those client duties. The practical                          construction project is carried out that is done as part   includes makingsure:
          implication is therefore that all of the steps are still necessary irrespective of project size, but that the                     of abusiness.                                              ▪    Otherdutyholders areappointed;
          application of each requirement can besimplified forsmaller projects.                                                                                                                        ▪    Checkthedutyholders havethenecessaryskills
                                                                                                                                                                                                       ▪    Sufficient timeand resources areallocated;
          6.3 Ensure existing information ismade available                                                                                                                                             ▪    Arrangements are maintained throughout theproject.
                                                                                                                                                                                                       ▪    The principal designer and principal contractor carry out
          The client retains the main duty for this and it cannot easily be discharged upon another duty holder. CDM                                                                                        their duties;
          2015does notseektoplace anyfurtherburden upon propertyowners butit is necessarythat all Health and
          Safety information relating to theproperty is made available early in theprocess.                                                                                                            ▪    The construction phase plan is drawn up prior to the
          If you are unsureof theobligations in this regard we would bepleased to discuss this with you and assistyou                                                                                       commencementoftheconstructionphase;
          in arranging forand compiling aproperty Health and Safety file.                                                                                                                              ▪    Theprincipal designerprepares thehealth and safety file;
                                                                                                                                                                                                       ▪    Relevant information is prepared and provided to other duty
          6.4 Ensure sufficient Welfare facilities                                                                                                                                                          holders;
          On larger projects principal contractors are familiar with the requirements of providing welfare facilities in                                                                               ▪    Welfare facilities are provided₆ and maintained throughout
          accordance with the statutory requirements and good site practice. However, CDM 2015 applies to all                                                                                               theproject.
          construction work and hence it is a requirement that suitable toilets, washing facilities, drinking water,                                                                                   ▪    Givenoticeto theHSEif theproject is notifiable.
          changing rooms and restfacilities are provided.
          Onsmallmaintenance projects weunderstand thatthis can be adifficult burden to adequatelydischarge and                             Domestic Clients – are people who have construction        Domestic clients arein scopeof CDM 2015,buttheirduties as a
          hence wewould recommend advising your tradesman that they should arrange for suitable facilities within                           work carried out on their own homeby others, or the        client arenormally transferred to:
          their works vans. Alternatively where the works areoccurring within accommodation areas you may be able                           homeofafamilymember thatis notdoneas partofa               ▪    Thecontractor,onasinglecontractorproject;OR
          to discharge this requirement byusingtheexisting facilities, with the owners permission of course.                                business,whetherforprofitornot.                            ▪    The principal contractor, on a project involving more than
                                                                                                                                            Note: if the householder carries out the work                   onecontractor.
                                                                                                                                            themselves it is classed as DIYand CDM 2015 does not       However, the domestic client can choose to have a written
                                                                                                                                            apply.                                                     agreement with the principal designer to carry out the client
                                                                                                                                                                                                       duties₇.
                                                                                                                                            Designers –arethose,organisations orindividuals who        When preparing or modifying designs, to eliminate, reduce or
                                                                                                                                            as part of a business, prepare or modify designs for a     control foreseeablerisks that may ariseduring:
                                                                                                                                            building, product or system relating to construction       ▪    Construction;and
                                                                                                                                            work.                                                      ▪    Themaintenanceand useofabuildingonceitis built.
                                                                                                                                                                                                       Provide information to other members of the project team to
          ₄Known as Fees ofIntervention                                                                                                                                                                help themfulfil their duties.
          ₅Regulation 4 of CDM 2015
          ₆Refer to the HSE publication Provisionof Welfare Facilities During ConstructionWork
          ₇Regulation 7 allows for the pass-through of obligations to other duty holders