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CDM 2015: FAQs

Following on from our series of interactive workshop sessions on the new Regulations, here
are the frequently asked questions delegates have raised with our initial responses.

With only a few days to go now until the new Regulations come into force, we set out overleaf
three main ways we can assist you.

1. How will the changes affect the way we operate? 3. What are the changes for employers and
consultants?
Procurement regarding existing contracts and
appointments will need to be changed taking into Timing of appointments (as in Question 1). Despite
consideration the Principal Designer and Principal removal of the term ‘competence’ within CDM 2015
Contractor, and Construction Phase Plans must be in and use of the industry term ‘skills, knowledge and
place on all projects. experience, including training’, the requirement of
ensuring individuals and organisations appointed
Clients have additional responsibilities to ensure are ‘competent’ will continue to be governed by
adequate arrangements are in place, maintained and other regulations such as the Management of Health
reviewed and must take reasonable steps to ensure & Safety at Work Regulations 1999, Regulation 7,
the Principal Designer and Principal Contractor are together with previous case law. The new CDM
fulfilling their duties. Regulations should not be considered in isolation
from other existing legislation.
Where more than one contractor is working at
any time on the project, a Principal Designer and 4. What are the transitional arrangements?
Principal Contractor will need to be appointed in
writing, if it is not the client. If you do not do this Transitional arrangements apply between 6 April
you take on the roles and associated legal duties and 6 October which relate to the role of CDM
yourself. Coordinator if appointed before 6 April only. For
commissions and frameworks which continue
The Principal Designer is required to plan, manage beyond 6 October, the client needs to appoint a
and monitor during the pre-construction phase and Principal Designer which can be RLB or another
coordinate health or safety matters, and is therefore suitably competent individual or company.
appointed far earlier than the current role of CDM
Coordinator. A construction phase plan is required to All other changes within the Regulations for all duty
be in place for all projects, whether there is only one holders other than the CDM Coordinator come into
contractor or more than one contractor on site. immediate effect on the 6 April.

2. What role is there for designers and architects? 5. How will the new Regulations affect FM?

If appointed to take on the responsibility as Principal All relevant maintenance work is considered as
Designer they must be able to demonstrate that they ‘construction’ and will require a Construction
have the necessary skills, knowledge and experience Phase Plan on all projects. If there is more than one
to coordinate health and safety matters, and the contractor carrying out the work at any one time the
ability to plan, manage and monitor health and safety appointment of a Principal Designer and Principal
during the pre-construction phase. If not, they may Contractor will be necessary.
need to appoint a Principal Designer Advisor to
assist and fulfil those duties (see overleaf).
Three ways Rider Levett Bucknall can assist you:

1 Principal Designer
RLB will provide the service of Principal Designer as identified in the Regulations and will:
• Assist in identifying, obtaining and collating the pre-construction information
• Plan, manage and monitor during the pre-construction phase including coordination of health & safety matters
• Take into account the general principles of prevention are applied
• Identify and adopt the above in-line with Eliminate, Reduce, Inform and Control (‘ERIC’)
• Ensure designers comply with their duties and cooperate with others
• Designers must address all aspects of the construction phase – from maintenance and cleaning to ensuring the
facility is safe for use, as well as future considerations for the building such as changing use or dismantling it
• Liaise with the principal contractor for the duration of your appointment
• Prepare the Health and Safety file

2 Principal Designer Advisor


RLB can provide project continuity through a Health & Safety advisory role to ensure designers
undertaking the Principal Designer role are capable in carrying out their duties under CDM 2015, by:
• Carrying out corporate and strategic level reviews
• Carrying out a gap analysis and due diligence on existing contracts and projects that start after 6 April or finish
after 6 October 2015
• Developing and establishing robust systems (e.g. risk registers, process maps and gateways) to manage risk
• Ensuring the necessary management systems are in place, maintained and reviewed relevant to the role of
Principal Designer and / or Designer
• Delivering workshops, training and upskilling of staff relevant to their roles and responsibilities
• Providing random monitoring and review of projects, acting as Principal Designer and / or Designer providing
solutions and actions where necessary

Individual Projects
• Participating and providing relevant direction at design team meetings and design workshops
• Co-ordination and management of documentation such as: Design (CDM) Risk Registers
• Advising on Maintenance and Access Strategies and Plant Replacement Strategies
• Co-ordinating the design team to ensure suitable flow of relevant information with other designers and the
principal contractor
• Providing monthly status reports on the status of CDM 2015 compliance
• Liaising with the principal contractor for the duration of their appointment
• Reviewing and collating the pre-construction information needed for relevant parties
• Assistance with the preparation of the Health and Safety file

3 Independent Client Advisor


To assist the Client in meeting its additional CDM duties under the Regulations, including:
• General H&S advice for the project(s), including procurement and project management arrangements, review
of existing systems with site H&S information (asbestos, services, HSFs and O&Ms etc)
• Raising the necessary F10s
• Evaluation of competency of designers, contractors and individuals within the respective organisations
• Monitoring the design team and Principal Designer to ensure that they are complying with their duties under
CDM 2015, providing a monthly status report and working with the Principal Designer to close out any actions
raised
• Evaluation of the Construction Phase Plan (resulting in a feedback report
• Monthly site visits and inspections including written reports, working with the Contractor or Principal
Contractor to assist them in carrying out their duties under CDM 2015

If you would like to discuss these or other ways in which we might be able to assist you in the
countdown to the new Regulations coming into force please contact Chris Hartley:
chris.hartley@uk.rlb.com / 07764 285 944

www.rlb.com/uk

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