New safety rules for building projects

The Construction (Design & Management) Regulations 2015 (CDM) came into force on 6 April 2015 and have implications for all construction, maintenance and repair work.
    
CDM is legislation which aims to reduce accidents during construction projects via good design, planning and co-operation from concept to completion, and, ultimately, decommissioning. The regulations affect all construction work including construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance. It also includes work on mechanical and electrical services. It specifies legal requirements on safety standards for areas where operatives are conducting their work, and for the provision of welfare facilities such as access to somewhere to wash, use the toilet and rest. Large construction sites are no longer where most people are badly injured or killed. The ‘health’ part of health & safety is frequently overlooked, and the construction industry has the largest number of occupational cancer cases with 3,500 deaths and 5,500 new cancer registrations each year. Exposure to silica, diesel engine exhausts, solar radiation and work undertaken by painters and welders is expected to be the main causes of cancer in the industry into the future.

Scope of New Requirements
Previously, the majority of CDM requirements were only relevant for larger projects notifiable to the HSE. The full scope of the new regulations are now relevant for all defined construction work including maintenance tasks and work on domestic property.
    
Notification is still required for certain work, but it is now entirely separate and the criteria has changed slightly. Notification is still required by the client if the project lasts longer than 30 days and there is likely to be 20 people on site simultaneously; or if the project exceeds 500 person days.
    
The previous role of the CDM‑coordinator no longer exists with the aim of existing members of the design team taking these responsibilities.

Role of the client
Who the client is must be defined. The client decides on the work to be undertaken, controls finances, and chooses the contractors to do it. As an example, a school organising its own funds to refurbish its library, deciding the work to be undertaken and by whom will be the client. If the local authority provides the cash, decides what will be undertaken and by whom, they are the client. If there is any confusion, the duty holder must be agreed before the work proceeds.
    
The client is at the top of the supply chain and they are expected to take a greater role than before. The regulations include the broad statement that clients must ‘ensure work is undertaken, so far as is reasonably practicable, without risks to the health and safety of any person affected by the project’. This means being more involved, having an expectation on standards, providing site rules and knowing how the work is being undertaken.
    
Clients have to also determine who the other duty holders are, ensure they have the right skills, knowledge and experience to do the job, and they fulfil their duties under the law. This means verifying their ability to not only undertake their work, but also meet the standards within the legislation. Clients are going to have to decide how they will do this – for example via clear KPI’s and via pre-qualification.
    
Clients must therefore identify the contractor, if there is only one, or the principal contractor (PC) if there is more than one. Where this is the case, they have to define a principal designer (PD).

Clients failing to do so automatically take on these responsibilities as well. It is possible for the client, PC & PD to be the same. So, if a local authority is deciding on the work to be undertaken, using internal staff to complete it and manage the project, they could be duty holders for all three roles.
    
Clients have to provide contractors with pre-construction, or hazard, information they are aware of or can be reasonably expected to be aware of. This should definitely include asbestos information but also other hazards such as the location of hidden services or fragile surfaces. Previous information on work completed should also be available.

Construction Phase Plan
From 6 April 2015, a Construction Phase Plan must be created for all work falling within the scope of the new legislation, even small works. This describes how the work will be undertaken, how issues raised from pre‑construction information will be dealt with, and significant risks controlled.

If only one contractor is engaged, it is their responsibility, if not it falls to the PC. Clients have to ensure this is in place before the work starts. The HSE have published guidance on what the plan should contain on their website and the CITB have created an app which can be used for small jobs. Use of these should be encouraged until contractors become used to the changes and are able to develop their own systems.
    
The amount of information provided should be proportionate to the job. The CITB app is excellent for small jobs. For larger projects, a fuller plan will be required which will adapt to the work being undertaken.
    
If a PD has been appointed, they have responsibility for ensuring safety is designed in and to ensure a Health & Safety file is created at the end of the job. This is information concerning the ongoing maintenance, repair or future decommissioning. It should contain information on what was installed and how – with ‘as built’ drawings if relevant. This information must be retained for the life of the building or until it is no longer relevant, and must be made available to those it could affect.

Key Issues
A Construction Phase Plan is required on every construction project. If a PD has been appointed, a Health & Safety File must be presented by them at the end of every project completing after 6 April 2015. Contractors and designers must be chosen carefully. They should be aware of these changes and be able to discuss confidently with you what they mean and how they will fulfil their duties. Contractor(s) and designer(s) should be capable of providing the necessary documentation required during and at the end of the project, so question them regarding this.
    
From 6 April, CDM site safety standards apply for all projects. The PD may make decisions regarding the design which will enable the construction to proceed more safely or enable the property to be used, cleaned and maintained safely. These decisions may cost more now, but could save money in the future. Similarly, it may be appropriate for the designer to alter specifications to reduce risk. Certain hard wood dusts, for example, are toxic, so the designer may specify a safer alternative or suggest prefabrication in a safer environment.
    
Clients are expected to know their property and the hazards they pose to others working on them. Contractors and designers must also take time at the start to determine site hazards which could affect the build such as lead paint, asbestos or the location of utilities. Work together on this. Organise existing information and make it readily available in an easy to understand format.
    
There has been very little coverage of these regulations and duty holders may not be aware of changes. Meeting compliance may potentially cost more, so an allowance should be made to ensure documentation and site standards are met. However, compliance also means a better organised project. Therefore, risks are managed, there are potentially fewer surprises, and incidents are less likely.

Conclusion
Simple projects require proportionate information, but some documentation will be required. Changes to internal arrangements and processes are likely to be required where multiple small works are being commissioned. In particular, to ensure pre‑construction information is provided, the Construction Phase Plan is completed and the file presented at the end, if relevant.
    
Under Management of Health & Safety at Work Regulations 1999, employers have to engage the services of competent people to assist with their duties if needed. Organisations may require additional support from an advisor until levels of understanding have increased and roles are fully understood with the right processes in place to manage responsibilities at all levels.

Further information
www.hse.gov.uk