April 2015 Newsletter - CDM 2015

Welcome to the April 2015 edition of the CHPK Newsletter.

First of all we would like to welcome Connie Paulina to the CHPK team. Connie has joined us as office manager and it will be Connie who most of you will speak to first when you ring our office. Connie is looking forward to getting to know our clients over the next few months so please do introduce yourself when you next call the office.

The beginning of April often heralds statutory changes and this year was no different with the changes to the CDM Regulations. It is these very important changes that we will be discussing in this newsletter. The new CDM regulations may not only affect our clients in their professional capacity but now the regulations cover domestic clients/works it is worth noting the changes may be applicable to any works you will be doing at home.

If you have any questions on the topic raised please contact us.

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Technical Update

 

Construction (Design and Management) Regulations 2015

Most people will be aware that the CDM regulations were due to be changed. After a lengthy period of consultation the new regulations came into force on the 6th April 2015. The new regulations, which replace the 2007 regulations, have been broadly welcomed by all the professional bodies within the property and construction industry.

The key change and the one that has grabbed most of the headlines is the loss of the CDM Co-ordinator (CDMc). It is commonly held that the CDMc role has be subsumed within the Principle Designer (PD) role; in fact the PD is a new role which incorporates some, but not all of the old CDMc’s responsibilities. For example, under the 2007 regulations the CDMc had a duty to give advice to the client to help them comply with their duties in respect of appointing competent designers and contractors and making sure adequate arrangement are in place for the management of the project. These client duties still exist in the 2015 regulations but the PD is not obliged to assist the client in discharging those duties. It is assumed that the client has enough knowledge of construction or a source of competent H&S advice to discharge these duties themselves.

The other keys changes to the regulations are:

  • CDM 2015 now applies to all projects including domestic projects.
  • Additional duties are placed on clients.
  • The entirety of the CDM regulations apply to all projects whether notifiable or not, including the requirement for a construction phase plan.
  • Notification requirements have been altered meaning fewer project will be notifiable.
  • A PD must be appointed if there are two or more contractors appointed regardless of whether the project is notifiable.

A transitional period has been incorporated within the new regulations; where a project which already has a CDMc appointed, the CDMc can continue to fulfil that role until October 2015, thereafter they must be replaced by a PD.

Here at CHPK we have no doubt that there will be some teething issues, but we hope the regulations will make the construction industry safer for those who work within it and will make H&S integral to the design process. Our CDM co-ordinators are fully conversant with the new regulations and will continue to offer their services with the title CDM Advisors and we are sure we can make a valuable contribution to the safety of any project particularly where a client feels they are unqualified to discharge their duties.

CHPK have electronic copies of all the relevant guidance from the CITB and the HSE. If you would like copies of any of these, please do not hesitate to contact us.