James Ritchie, Architect and RIBA Specialist Practice Consultant for CDM, provides some key points of advice for clients and professionals involved with commercial projects…
There appears to still be a degree of uncertainty amongst some clients and designers regarding the new CDM Regulations and what exactly the implications are for their projects and individual roles. “Does my client have to appoint the lead designer as Principal Designer?” “What sort of ‘assistance’ should the client expect from the Principal Designer?” “How strict is the Principal Designer duty to ensure designers comply with the regulations?” “What if my client insists on me being the Principal Designer?” Answers to these questions and many more can be found on the James Ritchie website.
The CDM2015 message is aimed at smaller projects – the very area where most construction accidents and incidents are occurring – and most of the calls I receive are from small architectural practices. For some, their clients have paid little attention to CDM over the past 20 years and it has taken the shifting of the former CDM Coordinator’s duties onto designers to prompt a greater awareness amongst clients.
Essentially, good consideration of CDM issues is good for business. Better planning managing and monitoring results in better designed and constructed buildings – and it doesn’t have to be complicated and expensive. It does, however, start with clients appreciating the benefits of employing a design team with suitable health and safety skills, knowledge and experience. Those clients who take CDM seriously and appoint a capable project team nearly always end up with a project that comes in on time, within budget and to the quality expected.
The aim of the CDM2015 Regulations is to make health and safety an essential and integral part of the planning and management of projects and to make sure that everyone works together to reduce the risk to the health or safety of those who work on the structure, who may be affected by these works, or who will use it once it’s completed. The Regulations recognise that clients hold the power to influence and control the designers and contractors they engage or appoint on a project, and therefore that the ultimate responsibility for the achievement of a safe and healthy project is in their hands as much as those of their appointees.
The extent of commercial client duties varies with the type of project involved. On projects that are likely to involve more than one contractor, the client is required to appoint a Principal Designer before significant detailed design work starts so that they can advise and assist the client with their health and safety duties and plan, manage, monitor and co-ordinate the health & safety of the pre-construction phase of the project. The Principal Designer is a designer (architect, building surveyor or engineer for example) who can demonstrate to the client that they have knowledge, skill and experience of CDM2015 and understand the process of design risk management.
When clients are talking to a designer or designers about their project they should check that the designer has the capability and experience to do the work. A designer might be a member of one of the following professional bodies – ARB, RIBA, RIAS, CIAT, RICS, IStructE etc. and, in order to adequately carry out the Principal Designer role, should have an accreditation in construction health and safety risk management (Incorporated membership of APS for example) or able to provide evidence of having undertaken appropriate training on CDM2015 and construction health and safety.
The CDM Regulations are about making sure that there is:
• Early appointment or engagement of capable key people or organisations that have sufficient skills, knowledge, experience and resources;
• A realistic project programme which gives enough time for planning and programming as well as carrying out the work itself;
• Early identification and reduction of construction risks and proper management of those that remain, so that construction is safe and does not damage the health of workers or others;
• Co-operation between all involved in a project and effective coordination regarding Health and Safety issues;
• Adequate welfare facilities provided from the start and throughout the construction phase; and that
• Appropriate information is made available to the right people at the right time so that work can be carried out safely and without risk to health.
However, it is very important that the amount of effort devoted to managing health and safety is kept appropriate and proportionate to the complexity of the project and level of risks. It is particularly important to be aware of, and avoid, unnecessary paperwork.
Irrespective of size or duration, the CDM2015 regulations separate construction projects into two types – dependent on how many contractors will be involved in the project.
• Projects with only one contractor – where the project will only require one contractor working on the site. An example of this might be an electrician rewiring an office or a plumber installing a replacement boiler, when no other trades are required to do any work. Where the project only involves one contractor, there is no need to appoint a Principal Designer and Principal Contractor.
• Projects that are likely to involve more than one contractor – this will be the majority of projects. For example, if the work will require a bricklayer, electrician, plumber, roofer and plasterer, then that is five contractors. If it is likely that the project will require more than one contractor, then the client must appoint a designer with control over the pre-construction phase as Principal Designer and a contractor with control over the construction phase as Principal Contractor. These appointments must be made as soon as practicable and before the construction phase begins. If the commercial client fails to make these appointments, then the client will be deemed to be the Principal Designer and the Principal Contractor and carry the liability accordingly.
If the client is in doubt, they should assume that the project will require more than one contractor.
If you wish to find out more about CDM2015 and are looking for guidance and training, then why not visit our website at www.jamesritchie.com. ■
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James Ritchie BA BArch RIBA IMaPS
RIBA CDM Specialist Practice Consultant
James Ritchie Architect
Tel: +447785 915687
