Tag - Principal Designer

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.

Safer Sphere take on Wharfedale Hospital project

Safer Sphere has been appointed Principal Designer Advisor for the new theatre project at Wharfedale Hospital in Otley. The project will involve the build of a new operating theatre, whilst the hospital remains open.
A great project to be involved with and work commences at the end of this year.

What is a Principal Designer?

What Is The Role Of Principal Designer?

There are three main roles within the CDM Regulations that have responsibility for health and safety. The Client, The Principal Contractor and the Principal Designer. While the Client has overall responsibility, the Principal Designer and Principal Contractor have responsibilities depending on the phase of the project. CDM15 introduced us to the new role of Principal Designer while saying goodbye to the CDM Coordinator role.

Every project must have a Principal Designer appointed where required in order to meet the requirements of CDM15.
Any client who requires construction or demolition to be carried out, where more than one contractor is involved, has to appoint a Principal Designer before any design or construction work begins. A Principal Designer must be appointed by the Client in writing, but the role and that of others on site and in design do not necessarily have to be mutually exclusive.

Principal Designers have an important role in influencing how risks to health and safety are managed throughout a project. Design decisions made during the pre-construction phase have a significant influence in ensuring the project is delivered in a way that secures the health and safety of everyone affected by the work. Ultimately, the responsibility to appoint a Principal Designer falls on the Client. If a Principal Designer is not appointed, then the role is passed to the Client, which would be a difficult role for many to fulfil.

Non-compliance regarding the appointment of a Principal Designer could result in criminal proceedings, so appointing a competent Principal Designer is important. People who had been CDM Coordinators under CDM07 might not be able to fulfil the role of Principal Designer, although the definition of designer under CDM15 is open to interpretation. If you are not sure about this then contact Safer Sphere for more information on our Client Advisor & Principal Designer Advisor services.

The Principal Designer must have overall control of the pre-construction period (design and planning stage) of a relevant project and be involved in the preparation of project designs and in instructing other specialists and designers. The Principal Designer will have a technical knowledge of the Construction Industry and will know how to apply health and safety to the design process, relevant to the project.

Principal Designer Roles:

  • Advise the client of their duties and assist them with the formulation of the Client CDM Brief.
  • Plan, manage, monitor and coordinate health and safety in the pre-construction phase. In doing so they must take account of relevant information (such as an existing health and safety file or surveys) that might affect design work carried out both before and after the construction phase has started.
  • Ensure other designers comply with their duties
  • Take account of the general Principals of prevention.
  • Help and advise the client in bringing together pre-construction information, and provide the information that designers and contractors need to carry out their duties.
  • Work with any other designers on the project to eliminate foreseeable health and safety risks to anyone affected by the work and, where that is not possible, take steps to reduce or control those risks.
  • Ensure that everyone involved in the pre-construction phase communicates and cooperates, coordinating their work wherever required.
  • Liaise with the Principal Contractor, keeping them informed of any risks that need to be controlled during the construction phase.
  • Identify, eliminate or control foreseeable risks to health and safety during the pre-construction phase
  • Collate and prepare the health and safety file for completion of the project

A Principal Designer will influence the way Health and Safety risks are controlled and how these controls are incorporated into the project overall. During pre-construction, the Principal Designer must plan and manage matters relating to Health and Safety as well as overall monitoring of the project and co-ordinating to ensure that principles of prevention are followed and the project is carried out without risk to health or safety.

Safer Sphere offer a full range of CDM services delivered across the North West and nationally. We can advise and assist on projects of any size.