CDM 2015

What we’ve learnt so far

20 October 2015

Agenda

1. Introduction2. Key issues identified3. Solutions implemented4. Some myths busted5. Looking ahead6. Questions.

Introduction

• CDM 2015 transition period ends on 6 October• HSE focussing enforcement strategy around Clients

– Setting the tone– Management arrangements– Proportionate approach to risk management

• Still much debate as to approach to complying with the new Regs

• There is a differing approach to managing CDM15 amongst Client organisations

Duty to Ensure

• Huge potential impact (particularly for Clients)• Absolute Duty• Must be demonstrable

– How do we ensure?– How do we evidence it?– What do we do with the evidence?

• What is “reasonably practicable”?• Do we have the competence to discharge this duty?

Key Issues Identified

• There are a number of issues that have been identified during the transition period.

• These have led to a difference in approach to implementing management arrangements

Still thinking of Notifiable Schemes as the trigger for CDM

Confusion around Principal Designer role

Maintenance vs Construction work

Appetite of Designers for PD role?

Over complication and ambiguity

Incorporating competent H&S advice in PD role

Notification of Schemes

• Traditional interpretation of “30 day” projects triggering the full scope of CDM

• Lack of appreciation of “more than one contractor” differentiation

• Occasional perception that there is a reduction in number of “CDM-able” projects due to change in notification thresholds

Confusion re Principal Designer Role• Individual v Organisation• Competency requirements• Can only be the Architect?• Can a Client act as PD?• When to appoint• How to evidence competence• Outputs• Approach to Design Risk Management.

Maintenance v Construction Work

• Lack of understanding of which aspects of maintenance constitute construction work

• Confusion as to the approach to term maintenance contracts

• How to incorporate design risk management in the maintenance planning process

• Lack of relevant competence amongst maintenance contractors to fulfil Principal Contractor duties (where required).

Appetite of Designers for PD Role• Not all Designers feel comfortable with undertaking

all aspects of the PD role• Clients need to recognise this as a risk (particularly

in relation to “Duty to Ensure”)• Many design practices lack the relevant H&S

competence to discharge this element of the role effectively

Over-complication and Ambiguity

• Clients have tended to over-analyse the changes to the new Regs

• This has led to a lack of clarity and consistency in approach

• Ambiguity in management arrangements is a big risk to Clients– How do they demonstrate “Duty to Ensure” if their

management arrangements are ambiguous?

How do we structure H&S advice?

• Role of existing CDMCs?• What is competent H&S advice?• When do we need to access the advice?• Where does H&S advice sit within the Project Team?

Some Solutions

• Client to take on PD function• Partnerships between Designers and CDM Practices• Design Practices to expand with H&S competence• PD function to fall within Project Team (for D&B)

Client as PD

Principal Designer

Architectural

CDM Advisors

Engineering

Technical Design

Coordination

Programme Management

Early Contractor

Involvement

Designer/CDM Partnership

Specialist Service Provision

Partner Practices

Design Coordination

Principal Designer

Designers

Architectural M&E

CDM Practice

FHS Advice

Design Practice to upskill

• Must have clear demarcation of roles and responsibilities

• Ensure that you have clearly evidenced the relevant competence• Skills• Knowledge• Relevant Experience

Project Team delivering PD

Client

Project Team

Principal Contractor Designers Specialist

Consultants H&S Advice

• Ensure CLEARLY DEFINED roles and responsibilities

• Identify which element of PD function each party fulfils

• Conflicts of Interest??

• Accountability??

Some Myths Busted

CDM doesn’t apply to me as none of my projects exceed 30 days/500 person days.

CDM applies to ALL construction work. The only differentiator being one or more contractors.

CDM doesn’t apply to me as I only do maintenance work.

Maintenance to the structure or assets integral (fixed) to the structure is construction work. CDM15 applies.

I need to produce Design Risk Assessments

There is no need to produce DRAs; however you must be able to demonstrate design risk mitigation using the Principles of Prevention.

Some Myths Busted

I will just change my CDMC appointment to that of Principal Designer

It is unlikely a CDMC organisation will have the relevant design skills to take on the role of PD. They can still offer H&S advice as part of either the Client or PD role.

I need to name a person as Principal Designer

For the vast majority of commercial construction work it is highly unlikely an individual will have all the requisite competence to fulfil the role.

As the Client all I have to do is appoint competent Duty Holders

Clients have a DUTY TO ENSURE all appointees are complying with their duties under CDM

Looking Ahead

• HSE engagement with Clients• Industry sector guidance being produced• Further development of Principal Designer role as it

relates to different Client organisational requirements

• Continued upskilling of Duty Holders

Thank You

Any Questions?