Peter WaxmanMultiplex Construction Europe Ltd

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The reality of CDM 2015

A practical look at the Principal Designer role

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Peter Waxman

Director of Multiplex CDM Services

June 2017

CDM 2015

THE APPROACH FROM A CDM

STANDALONE COMPANY WORKING

WITHIN A LARGER PRINCIPAL

CONTRACTOR FRAMEWORK

MULTIPLEX CDM SERVICES ARE A STANDALONE COMPANY IN

THE BROOKFIELD GROUP

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MULTIPLEX CDM SERVICES: WHAT WE DO

• we assist Designers in their role of

Principal Designer

• we assist Clients to discharge their

duties under CDM

• we provide CDM advice to Principal

Contractors who take on the role of

Principal Designer. We work on

Multiplex projects and projects for

other contractors such as Berkeley

Homes and Mount Anvil

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79-83 Oxford Street

THE VIEW FROM THE PRINCIPAL CONTRACTOR

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• pre-construction information is an important tool in understanding the risks

associated with the site

• the Principal Contractor takes on the risks which have been identified by the

design team through the design process in the pre-construction phase

• the Principal Contractor then manages the risk by either elimination, reduction

or control

• when acting as Principal Designer in the construction phase, the Principal

Contractor has to ensure that designers, including sub-contractors, address

risk

• the Principal Contractor seeks to handover a building that is safe to operate,

maintain, and in the future, demolish

WHAT IS EXPECTED FROM THE TEAM

• providing sufficient pre-

construction information to

ensure that the Principal

Contractor is aware of the

existing risks associated with the

site, and what further surveys

may need to be carried out

• the provision of information on

significant residual risks,

including buildability issues

• co-operation to eliminate,

reduce, or manage risks

throughout the construction

phase

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Principal Place Commercial

THE CONCEPT OF “RISK” WITH RESPECT TO HEALTH AND SAFETY

(OR HOW FAR DO YOU GO)

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Guidance note 83 from document L153 states:

"Designers have to weigh many factors as they prepare their designs. Health and

safety considerations have to be weighed alongside other considerations,

including cost, fitness for purpose, aesthetics, buildability, maintainability and

environmental impact”.

CDM 2015 allows Designers to take due account of other relevant design

considerations.

The Regulations are designed to ensure that the risk creators are also the

risk owners.

THE DUTIES OF THE PRINCIPAL DESIGNER

The Industry Guidance for Principal Designers, published by the CITB, notes that the

main duties of the role are to:

▪ assist the client in identifying, obtaining and collating the pre-construction

information

▪ provide pre-construction information to designers, the principal contractor and

contractors

▪ ensure that designers comply with their duties and co-operate with each other

▪ liaise with the principal contractor for the duration of the appointment

▪ prepare the health and safety file.

The CITB guidance is less explicit in the role that that the Principal Designer has in

ensuring that the design team work towards eliminating the risks associated with

design elements (L153 guidance note 103, Regulation 11)

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DESIGNERS' DUTIES WITH REGARD TO HAZARD AND RISK UNDER

THE CDM REGULATIONS

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• it is important to understand that the

phrase “risk assessment” comes from the

Management of Health and Safety at Work

Regulations 1999. Under CDM 2015, the

Designer is not required to produce an

assessment

• the Designer’s primary role as duty holder

is to avoid foreseeable risks whilst

designing, and not to simply assess the

risks which they have introduced

• notwithstanding the above, Designers need

to provide adequate information regarding

any significant risks which remain in their

design

White Collar Factory

WHAT NOT TO DO: EXTRACT FROM A DESIGNER’S RISK ANALYSIS

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CIRIA C755 AND THE CDM REPORT PROCESS

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EXTRACT FROM CIRIA DOCUMENT C755

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WORKING THROUGH THE HAZARD AND RISK PROCESS

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One of the stated principles behind the change in the regulations is to give the

responsibility for CDM during the design phase to the entity that has the ability to

influence the design on the project.

So,

a Principal Designer is the Designer “with control over the pre-construction

phase,” as defined in Regulation 2 of CDM 2015, which states that the:

“Designer” means any person (including a client, contractor or other person

referred to in these Regulations) who in the course or furtherance of a

business—

(a) prepares or modifies a design; or

(b) arranges for, or instructs, any person under their control to do so

We therefore suggest that:

• companies who do not have a design function should not offer the PD role

• the Principal Contractor may also take on the role of Principal Designer on a

D&B project, once novation has taken place, providing he has the suitable

designer skills, or access to them

MULTIPLEX CDM’S VIEW OF THE REGULATIONS

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CDM D&B PROJECT PROCESS MAP

CDM 2015 MULTIPLEX PROCESS MAP

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PRE-CONSTRUCTION INFORMATION

SUB-CONTRACT

CDM HAZARD & RISK

CONSULTANT CDM HAZARD

& RISK REGISTER

O & M H & S FILE

CDM Progress Reports to Client

Concept Report Element Reports Sub-contract Risk Register

Access & Maintenance Register

RIBA STAGE 2 RIBA STAGE 3/4RIBA STAGE 1 RIBA STAGE 5/6

CDM 2015 THE APPROACH FROM A CDM STANDALONE COMPANY

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