CDM Co-Ordinator No More

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Earlier this year the Construction (Design and Management) Regulations 2007 (CDM Regulations) were replaced and the Approved Code of Practice was withdrawn. The new CDM Regulations 2015 entered into force in April 2015 with some transitional provisions continuing until October 2015.

Key Changes

The key changes to the CDM Regulations include:

  • CDM Regulations 2015 applies to all projects irrespective of whether they are notifiable or not;
  • Replacing the role of the CDM Co-ordinator with Principal Designer, who must now co-ordinate the pre-construction phase;
  • Increasing the scope of the CDM Regulations with the application of CDM Regulations 2015 to domestic clients (those not acting in the course or furtherance of business, whether or not for profit) and in some cases easing a domestic clients compliance burden;
  • Enhancing the role of the client by placing with it key health and safety responsibilities such as notifying the HSE of a project, appointing a Principal Contractor/ Designer where more than one contractor is on site and ensuring the Principal Designer complies with duties;
  • Changes to the HSE project notification threshold;
  • A simplified competence assessment including organisational competence; and
  • Replacing the Approved Code of Conduct with HSE Guidance

Transitional Provisions

As some projects would have started while the old CDM Regulations 2007 were in force and may have continued past the implementation of the new CDM Regulations 2015, the latter made provisions for transitional arrangements.

For projects involving more than one contractor (a sub-contractor is defined as a contractor for the purposes of CDM 2015) include:

  • Where a CDM Co-ordinator has not been appointed, if the construction phase has not started the client must appoint a principal contractor as soon as practicable. If the construction phase has started, the client may appoint a principal designer if they wish to do so. If the client does not, the principal contractor is responsible for preparing the health and safety file, or
  • Where a CDM Co-ordinator has been appointed, the client must appoint a principal designer within 6 months (i.e. by 6th October 2015).

What action to take now?

As the transitional provisions no longer apply, clients need to ensure that they have taken the necessary steps to comply with CDM Regulations 2015. According to the CDM Regulations 2015, a client who commissions a project is responsible for appointing the different professionals who have health and safety responsibilities during that project.

Many of these responsibilities use to fall on the CDM Co-Ordinator but as this role has been abolished by the CDM Regulations 2015, this means the client must make the necessary appointment in writing through a Deed of Appointment. In addition, clients may need to review their internal health and safety policies, if they have not already done so and become familiar with the content of the new CDM Regulations 2015.

For further advice on complying with CDM 2015 or construction projects in general please contact Daniel Milnes and for any construction disputes please contact Robin Stephens. You can read more about these changes on our earlier blog and if you would like further details on the duties and responsibilities under the CDM Regulations 2015 please contact us.

Nat Avdiu

About Nat Avdiu

Nat Avdiu is a Paralegal in the Contracts and Projects team at Forbes Solicitors. Nat provides updates for clients on a range of issues including: governance, data protection and freedom of information, procurement and charity law.
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