Tag - CDM15

Client Duties CDM

What Are The Clients Duties CDM15?

Part 2 of the Construction Design and Management Regulations 2015 (CDM15) covers Client duties in relation to the pre-construction and the construction phases. Sufficient time and resources must be made for managing a project. Arrangements made by a Client can be considered suitable if the work on the construction site can be carried out without risk to health or safety of any person affected by the project and that the minimum welfare facilities required for construction sites (Schedule 2 of the Construction Design and Management Regulations 2015) are provided in respect to anyone carrying out the work. It is the client’s duty to see that these arrangements are reviewed throughout the project and that they are maintained to the recognised standard.

Managing Projects

During the pre-construction phase, the Client must provide information to each and every designer or contractor who has been appointed or is being considered for appointment. The client must ensure that the [Principal] Contractor draws up a construction phase plan and that the Principal Designer prepares a Health and Safety file for the project appropriate to the characteristics of the project which must contain information relating to the project which is likely to be needed during any subsequent project, such as extension, refurbishment or demolition, to ensure the health and safety of any person in the future. Every time new or appropriate information becomes available, the Health and Safety file will be revised with appropriate relevancy. It is the responsibility of the Client to ensure that the Health and Safety file is kept available for inspection for any person who may require to see it to comply with any relevant legal requirements.

It is the duty of the Client to take reasonable steps to ensure that the Principal Designer complied with all Principal Designer duties and that the Principal Contractor complies with the Principal Contractor duties set out in CDM15. Should the Client not appoint a Principal Designer or Principal Contractor, the duties of these roles will automatically become the responsibility of the Client. Should the Client sell or lease the property to a third party, that is if one client disposes interest in the structure to another, it is the responsibility to provide the Health and Safety file to the person acquiring the clients interest in the structure.

Where there are many clients involved in the structure, they may agree in writing that for the purpose of the CDM Regulations one client will be responsible; the only Client for the Construction project. Only the Client(s) agreed in writing are subject to the duties owed by a client under the CDM Regulations. While a person with a duty or function under these Regulations must cooperate with any other person working on or in relation to a project, at the same or an adjoining construction site, to the extent necessary to enable any person with a duty or function to fulfil that duty or function. Any person who is required by these Regulations to provide information or instruction must ensure the information or instruction is comprehensible and provided as soon as is practicable.

Appointment Of The Principal Designer And The Principal Contractor

Where it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing a Principal Designer to control the pre-construction phase and one contractor to oversee the construction; a Principal Contractor. These appointments must be made as soon as possible, and certainly must be in place before the construction phase begins, or as previously stated, the duties and responsibilities of the Principal Designer and Principal Contractor will become the responsibility of the Client.

HSE Notification

Where a construction project is to last longer than 30 working days, have more than 20 workers at any point in the project or exceed 500 person days, then it is Notifiable. Where a project is notifiable, it is the Clients responsibility to give notice to the Health and Safety Executive (HSE) in writing before the construction phase begins.

The details of CDM15 Schedule 1 must be contained in the Notice:

Regulation 6
SCHEDULE 1
Particulars to be notified under regulation 6 (Notification)
1. The date of forwarding the notice.
2. The address of the construction site or precise description of its location.
3. The name of the local authority where the construction site is located.
4. A brief description of the project and the construction work that it entails.
5. The following contact details of the client: name, address, telephone number and (if available) an email address.
6. The following contact details of the principal designer: name, address, telephone number and (if available) an email address.
7. The following contact details of the principal contractor: name, address, telephone number and (if available) an email address.
8. The date planned for the start of the construction phase.
9. The time allocated by the client under regulation 4(1) for the construction work.
10. The planned duration of the construction phase.
11. The estimated maximum number of people at work on the construction site.
12. The planned number of contractors on the construction site.
13. The name and address of any contractor already appointed.
14. The name and address of any designer already appointed.
15. A declaration signed by or on behalf of the client that the client is aware of the client duties under these Regulations.

This notice must be clearly displayed in construction site office in a form that can be read by any worker, any changes to the Notice must be updated as necessary.

Application To Domestic Clients

Previously left out of the CDM Regulations, Domestic Clients are now enshrined in law under CDM15. Where a client is domestic, the client’s duties must be carried out by a contractor where there is only one contractor, a Principal Contractor where there is more than one Contractor or a Principal Designer where there is a written agreement for the undertaking from the Principal Designer. If a domestic client does not make appointments of a Principal Contractor or Principal Designer, the designer in control of the pre-construction phase becomes the Principal Designer and the contractor in charge of the Construction Phase becomes the Principal Contractor. In a domestic situation, the client will not have duties under CDM15.

Safer Sphere appointed on Angel Meadows scheme

Safer Sphere has been appointed Client CDM Advisors and Principal Designer Advisors for the £235m residential scheme around Angel Meadows in Manchester. The development will consist of more than 750 flats in several high-rise buildings next to the Co-op’s NOMA building. This will be an exciting project to work on with building work commencing in early 2018.

CDM Health & Safety File

The CDM Health and Safety File

When a project comes under CDM15, a Health and Safety file must be produced (see HSE Guidance L153 “Managing Health and Safety in Construction”). The duty to prepare a health and safety file during the pre-construction phase is that of the Principal Designer, who will only be appointed for those construction projects with more than one contractor. So, in practice, the health and safety file will only be formally required for those projects which have more than one contractor. Safer Sphere would advise that the Health and Safety file is prepared, reviewed or updated as appropriate for all projects, irrespective of the number of contractors working on a project.

The contents of this file should be agreed at the start of the project, between the Principal Designer and the Client and should reflect the appropriate characteristics of the project. Safer Sphere have experience in assisting Principal Designers and in advising Clients on the contents of a Health and Safety File.

The Health and Safety file contains details of record information and residual risks that future construction work may be exposed to. The information contained within the Health and Safety File is therefore considerably important when managing health and safety in any future construction. Information that can be found in a health and safety file will aid any future cleaning and maintenance of the building or structure, alterations and refurbishment and any demolition work. The exact contents of the file depends on the requirements of the Client and the scope of the construction work.

CDM Health and Safety File Contents List.

Each Health and Safety file will be as unique as each build and will contain all the health and safety information relevant to the initial project and any subsequent work. When considering what should be included in the Health and Safety File, while not an exhaustive list, the following items should be considered:

  • A brief description of the work carried out
  • Any hazards that have not been eliminated through the design and construction processes, and how they have been addressed (e.g. surveys or other information concerning asbestos or contaminated land);
  • Key structural principles (e.g. bracing, sources of substantial stored energy – including pre- or post-tensioned members) and safe working loads for floors and roofs;
  • Hazardous materials used (e.g. lead paints and special coatings);
  • Information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting such equipment);
  • Health and safety information about equipment provided for cleaning or maintaining the structure;
  • The nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc;
  • Information and as-built drawings of the building, its plant and equipment (e.g. the means of safe access to and from service voids and fire doors).

There should be enough detail to allow the likely risks to be identified and addressed by those carrying out the work, however, the level of detail should be proportionate to the risks. The file should not include things that will be of no help when planning future construction work such as pre-construction information, the construction phase plan, contractual documents, safety method statements etc. Information must be in a convenient form, clear, concise and easily understandable.

It is the responsibility of the Client to ensure that the Principal Designer prepares the health and safety file for a project, also ensuring regular updates and formal reviews are carried out as the project develops to take account of progress and any changes to the construction site with time. It may come to pass that the Principal Designer’s appointment is completed before the end of the project, in which case, the Principal Designer must pass responsibility for the upkeep of the Health and Safety file to the Principal Contractor.

What Happens To The Health and Safety File Upon Completion?

Once the project is finished, the Principal Designer (or the Principal Contractor) should issue the health and safety file to the Client. The Client must then keep the file and ensure it is available to anyone who may need it for as long the contents are relevant. Any subsequent construction, maintenance or deconstruction can then comply with the established health and safety requirements. A Client may in the future pass on his interest in the building or part of the building to another individual or organisation. If this occurs, they must provide the file to the new client who takes on the duties and ensure that the new client is aware of the nature and purpose of the file. This applies to either sale or lease of the building or part of it.

Information that is redundant when planning construction work does not need to be included in a Health and Safety file. Any pre-construction information can be omitted. There is no need to include the names and addresses of the original designers or contractors involved in the project, over time, some companies and practices may disappear. While some clients insist on Risk Assessments, method statements and CoSHH assessments for work that has been previously carried out are included, this is not really necessary, as future work should only be carried out following a project specific assessment of the risks, this will differ from the original construction somewhat.

When a project being undertaken already has an existing Health and Safety file, the Principal Designer must include this information in the Pre-Construction Plan so that contractors and designers can take this information into account.

The importance of a Health and Safety file cannot be overstated, but the file is only as useful as the information contained within it. The information should be relevant, accurate and kept up to date. If properly maintained, the Health and Safety file can help prevent accidents and incidents of ill health. Files that are filled with unhelpful, irrelevant or unnecessary information which will be of little use and without proper advice and document maintenance, may actually be an obstacle to the management of health and safety on a construction project.

Safer Sphere can assist with project compliance in relation to Health & Safety files in our offerings of Client CDM Advisors and or Principal Designer Advisors.