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(Design and Management Regulations 2015)

Robert Higgins City Construction ongoing commitment under the principal design and management regulations of 2007 and amended in 2015 called the construction (design and management) regulations now form an integral part of the design, risk, construction and management of projects. as part of our on-going commitment to management risk averse behaviour Robert Higgins CDM Consultants and safety co-ordinators is a key cornerstone to benefit all client projects and to advise on compliance regulation, health and safety and risk management.

By not complying with the current regulations under CDM 2015 your project could be in breech of Health and Safety Regulations, and result in costly non-compliance insurance increases, construction delays, and potentially your project being stopped by HSE or your Local Authority and hefty fines.

What does CDM 2015 do?
Complying with CDM 2015 will help ensure that no-one is harmed during the work, and that your building is safe to use and maintain while giving you good value. Effective planning will also help ensure that your work is well managed with fewer unexpected costs and problems.

What do clients need to do?
Many clients, particularly those who only occasionally have construction work done, are not experts in construction work. Although you are not expected to actively manage or supervise the work yourself, you have a big influence over the way the work is carried out. Whatever the size of your project, you decide which designer and contractor will carry out the work and how much money, time and resource is available. The decisions you make have an impact on the health, safety and welfare of workers and others affected by the work.
CDM 2015 is not about creating unnecessary and unhelpful processes and paperwork. It is about choosing the right team and helping them to work together to ensure health and safety.
As a client, you need to do the following.

1. How to appoint the right people at the right time?
If more than one contractor will be involved, you will need to appoint (in writing) a principal designer and a principal contractor. A principal designer is required to plan, manage and coordinate the planning and design work. Appoint them as early as possible so they can help you gather information about the project and ensure that the designers have done all they can to check that it can be built safely, a principal contractor is required to plan, manage and coordinate the construction work. Appoint them as early as possible so they are involved in discussions with the principal designer about the work.

Getting the right people for the right job means your designers and your contractors need to have the skills, knowledge and experience to identify, reduce and manage health and safety risks. This is also the case if they are a company (known as having ‘organisational capability’ for the job). The designers and the contractors should be able to give references from previous clients for similar work and explain to you how they will achieve this.
Professional bodies can help you choose your architect and other designers. The Safety Schemes in Procurement (SSIP) website has lists of businesses which have been assessed on their health and safety management. A contractor may be a member of a trade association.

2. How to ensure there are arrangements in place for managing and organising the project ?
The work is more likely to be done without harming anyone and on time if it is properly planned and managed. Sometimes the work is complex and uses many different trades. Often it involves high-risk work such as the work listed in the bulleted list below. The principal designer should understand these types of risks and try to avoid them when designing your project. The principal contractor or builder should manage the risks on site. These are the biggest causes of accidents and ill health in construction work, and your designer and contractor can manage the risks by doing the following.

Falls from height:
   - Make sure ladders are in good condition, at a 1:4 angle and tied or footed.
   - Prevent people and materials falling from roofs, gable ends, working platforms and open edges using guardrails, midrails and toeboards.
   - Make sure fragile roof surfaces are covered, or secure working platforms with guard rails are used on or below the roof.
Collapse of excavations:
   - Shore excavations; cover or barrier excavations to prevent people or vehicles from falling in.
Collapse of structures:
   - Support structures (such as walls, beams, chimney breasts and roofs) with props; ensure props are installed by a competent person.
Exposure to building dusts:
   - Prevent dust by using wet cutting and vacuum extraction on tools; use a vacuum cleaner rather than sweeping; use a suitable, well-fitting mask.
Exposure to asbestos:
   - Do not start work if it is suspected that asbestos may be present until a demolition/refurbishment survey has been carried out.
   - Turn the electricity supply and other services off before drilling into walls.
   - Do not use excavators or power tools near suspected buried services.
Protect members of the public, the client, and others:
   - Secure the site; net scaffolds and use rubbish chutes.
Discuss with your designer and builder before work starts and throughout the build how these risks are being managed.

3. Why you should allow adequate time ?
Work that is rushed is likely to be unsafe and of poor quality. Allow enough time for the design, planning and construction work to be undertaken properly.

4. How to avoid later problems in your project ?
Your designer and builder will need information about what you want built, the site and existing structures or hazards that may be present such as asbestos, overhead cables, and buried services. Providing this information at an early stage will help them to plan, budget and work around problems. Your principal designer can help you gather this information.
Putting together a ‘client brief’ at the earliest stages which includes as much information as you have about the project, along with the timescales and budget for the build and how you expect the project to be managed can help you to set the standards for managing health and safety.

5. Should you Communicate with your designer and building contractor ?
Your project will only run efficiently if everyone involved in the work communicates, cooperates and coordinates with each other.
During the design and planning stage, you, your designer and contractor need to discuss issues affecting what will be built, how it will be built, how it will be used and how it will be maintained when finished. This will avoid people being harmed or having unexpected costs because issues were not considered when design changes could still easily be made. Meeting with your designer and contractor as the work progresses gives an opportunity to deal with problems that may arise and discuss health and safety. This will help to ensure that the work progresses as planned.

6. How to Ensure adequate welfare facilities on site ?
Make sure that your contractor has made arrangements for adequate welfare facilities for their workers before the work starts. See HSE Provision of welfare facilities during construction work.

7. How to Ensure a construction phase plan is in place ?
The principal contractor (or contractor if there is only one contractor) has to draw up a plan explaining how health and safety risks will be managed. This should be proportionate to the scale of the work and associated risks and you should not allow work to start on site until there is a plan.

8. Should I keep the health and safety file ?
At the end of the build the principal designer should give you a health and safety file. If the principal designer leaves before the end of the project, the principal contractor should do this. It is a record of useful information which will help you manage health and safety risks during any future maintenance, repair, construction work or demolition. You should keep the file, make it available to anyone who needs to alter or maintain the building, and update it if circumstances change.

9. How to protect members of the public, including your employees ?
If you are an employer, or you have members of the public visiting your premises, you need to be sure that they are protected from the risks of construction work. Discuss with your designer and contractor how the construction work may affect how you run your business, eg you may have to re-route pedestrian access; make sure signs to your entrance are clear; or change the way your deliveries operate.

10. How to Ensure workplaces are designed correctly ?
If your project is for a new workplace or alterations to an existing workplace (eg a factory or office), it must meet the standards set out in the Workplace (Health, Safety and Welfare) Regulations 1992.

11. What about F10 Notification ?
Notifying construction projects For some construction work (work lasting longer than 30 days with more than 20 workers working at the same time, or involving 500 person days of work), you need to notify HSE of the project as soon as possible before construction work starts. In practice, you may request someone else to do this on your behalf. 

12, How can you find out more ?
Your principal designer or principal contractor will be able to advise you on your duties. 

13. Why you should comply with your duties as a client ?
If you do not comply with CDM 2015, you are likely to be failing to influence the management of health and safety on your project. This means that your project could be putting workers and others at risk of harm, and that the finished structure may not achieve good standards and be value for money. If you don’t appoint a principal designer or principal contractor you will be responsible for the things that they should have done. Serious breaches of health and safety legislation on your construction project could result in construction work being stopped by HSE or your local authority and additional work may be needed to put things right. In the most serious circumstances, you could be prosecuted.

14. What about Fee for Intervention ?
HSE now recovers the costs of time spent dealing with material breaches of health and safety law. This is known as Fee for Intervention (FFI). FFI applies when an inspector finds something wrong that they believe is serious enough for them to write to you about. A fee is charged for the time spent by the inspector in sorting it out. Following the simple guidance it may help you to avoid having to pay a fee.

15. What about Domestic clients ?
If you are having work done on your own home, or the home of a family member, and it is not in connection with a business, you will be a domestic client. The only responsibility a domestic client has under CDM 2015 is to appoint a principal designer and a principal contractor when there is more than one contractor. However, if you do not do this, (as is common practice) your duties as a domestic client are automatically transferred to the contractor or principal  ontractor. If you already have a relationship with your designer before the work starts, the designer can take on your duties, provided there is a written agreement between you and the designer to do so. 

16. Do you charge for initial consultation ?
We do not charge for an initial consultation with clients, how-ever to provide an up front fee with out seeing at site or discussing your project requirements can be difficult to predict. During the consutation we can give an indication of our flexible fees at an honest price and our general guidance and advice on the nature of works, scope of works, compliant of project. Even if our services and advice cannot support your inquiry. 

17. What is the key things to remember ?
The most important thing to remember about effective CDM, Risk Assessment is that it should actually be common sense. Your legal requirement is to think systematically about how harm can occur in your place of work, and how you can prevent it. 

18. What benefits CDM 2015 changes will bring ?
These Regulations should further enhance construction safety. In the past three years (upto 2013), 12 fatal accidents and many more serious injuries have occurred in the course of construction work on private homes. In that regard, these new regulations will mean that "competent persons" (known as Project Supervisors) will be in place to co-ordinate CDM 2015. Compliance with these regulations should lead to better safety standards on construction sites and thereby reduce the levels of injuries and fatalities occurring on such sites each year. Construction work is intrinsically high risk and nobody wants anyone to be killed while construction work is taking place.

Following these simple steps will help you meet your legal duties and responsibilities as a client and ensure construcion work and repairs are undertaken safely and without damaging workers, the public and other peoples health.

If you have any questions or queries. Please do not hesitate to get in touch or complete our online enquiry form and we will endeavour to get back to you within 24 hours or call 020 8050 1415 our online customer support service.

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