Managing Health and Safety in Construction – Construction (Design and Management) Regulations 2015
What it Means For Commercial Clients
The HSE Health and Safety website states,
“Virtually everyone involved in a construction project has legal duties under CDM 2015”.
This includes clients, both commercial and domestic clients, designers, contractors and workers.
The Construction (Design and Management) Regulations 2015 (CDM 2015) which came into force on 6 April 2015, replaced CDM 2007. These govern the management of health, safety and welfare on construction projects in the UK.
Avoiding Criminal Prosecution
The Regulations assume that the ‘client’ is competent to discharge their duties under the CDM regulations or has access to competent external advice as required by the Health and Safety at Work Act 1974 and the Management of the Health and Safety at Works Regulations 1992.
Key duties of the ‘client’ are to make sure all those they appoint are competent and to appoint a Principle Designer and a Principle Contractor when necessary in accordance with the regulations. Failing to do this will leave the client legally liable for their duties as well and consequently the client will be considered to be carrying them out.
CDM 2015 states the legal responsibilities of the various parties and it is vital to understand that if the regulations are not carried out to the letter of the law, there could be potentially expensive and time consuming investigations by the HSE and in the worst-case scenario, Criminal Prosecution.
What Commercial Clients need to do – CDM 2015
Client duties are more onerous under the CDM 2015 compared to the 2007 regulations, and include making key appointments when required, such as the Principal Contractor and Principal Designer.
It is imperative that the client ensures that construction work can be carried out, so far as is reasonably practicable, without risks to health or safety and that they take reasonable steps to ensure that the principal contractor complies with any other principal contractor duties in regulations 12 to 14.
These requirements will apply to the project from the outset through to completion.
Select a consultant who will guide you through your duties
If you are not able to discharge your duties under the regulations, you will need to work with a consultant who can advise you on how to do so. It is worth remembering, the Principal Designer only has a duty to assist the client in collating the pre-construction information. The regulations assume the client is able to competently discharge all other duties.
This may sound quite daunting but help is at hand providing that you select a company with a proven track record for providing accurate, trusted advice – a company that knows CDM 2015 inside out.
At CHPK, we are particularly proud of our understanding of CDM 2015. In fact one of our Directors has recently achieved certified membership status with the APS (leading professional institution in the field of construction health and safety risk management). This is a notable achievement since currently only 43 individuals have achieved this accreditation out of 5,000 UK registered members. We believe this accolade truly highlights our awareness and understanding of Health and Safety compliance as well as our in-depth knowledge of CDM 2015.
CHPK is ISO 9001 certified and our Team is SMAS WorkSafe accredited and we are therefore fully compliant in all aspects of Health and Safety.
Please contact CHPK if you are looking for a company to competently advise and assist you in relation to fulfilling your legal duties and obligations under the Regulations as a Commercial client.
CHPK can offer our CDM advisory role as a stand-alone service or as part of a full project management service. We are also able to assist designers in fulfilling their obligations when appointed as Principal Designer.
020 7377 2739