When do the Construction (Design and Management) Regulations apply?

By Eliot Clarke, CMIOSH, DipBCM, AIFSM > The Construction (Design and Management) Regulations (CDM 2015) are the main set of regulations for managing the health, safety, and welfare of construction projects.

Whilst those regularly involved in the construction industry will be familiar with the regulations and when they apply, those organisations undertaking one-off projects or maintenance work, may be surprised by how wide a range of works are covered. This lack of knowledge increases the chances of overlooking, or being caught out, by one of the regulations.

The following are some of the main points to note:

1. CDM applies to all types of construction projects. No matter how big or small, how short or long.

The definition of ‘construction work’ in the CDM Regs is wide in scope, and means the carrying out of any building, civil engineering or engineering construction work and includes -

• the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure.
• the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion.
• the assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure.
• the removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure.
• the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure.

2. Projects lasting more than 500 person-days (or 30 working days with more than 20 workers) need to be notified to the HSE. This can be done on the HSE website at HSE - F10 - Notification of Construction Project

3. It’s important to know what your duties are under the CDM regulations. Duty holders include: -

1. Client
2. Principal designer
3. Principal contractor
4. Designers
5. Contractors

You can read more on the duties of each at Construction - Construction Design and Management summary of duties (hse.gov.uk)

4. The roles of principal designer and principal contractor must be appointed on any project with more than one contractor. There can only be one principal designer and one principal contractor appointed on a project at any one time.

5. Pre-construction information must be provided by the client on every project. This information relates to the site or building and gives the construction team information relating to the hazards or risks they need to plan for.

6. A construction phase plan must be developed for every construction project by the principal contractor or sole contractor. This is developed before the work begins and is required regardless of the size, duration or type of project. It outlines the plan for how the work will be completed safely. It will include details of the project, the type of work, the team and emergency arrangements.

7. The principal designer must create and develop a health and safety file to hand over to the client on project completion. The file contains the information that may be needed to ensure the safety of those using, cleaning, maintaining or demolishing the building or structure after work is finished.

8. In addition to being aware of the duty holder’s responsibilities, organisations need to be aware of part 4 of the CDM regulations which set out the general safety requirements for all construction sites. This covers issues such as site security, demolitions, excavations, inspections, traffic routes, vehicles, fire, emergency procedures and lighting.

Full HSE guidance on the regulations can be found at Managing health and safety in construction. Construction (Design and Management) Regulations 2015. Guidance on regulations L153 (hse.gov.uk)

The CITB have developed a CDM Wizard which is a free app, available for smartphone, tablets (iOS and Android devices) and can be used on your desktop computer or laptop. This effectively creates your Construction Phase Plan and helps you to plan and organise your construction job. CDM Wizard - CITB

If you’d like to find out more about CDM Regulations and how we can help you and your business, request a quote today and one of the team will be in touch.