{"id":19298,"date":"2015-07-28T13:46:17","date_gmt":"2015-07-28T13:46:17","guid":{"rendered":"https:\/\/www.pbctoday.co.uk\/news\/?p=19298"},"modified":"2016-09-05T14:04:15","modified_gmt":"2016-09-05T14:04:15","slug":"cdm2015-construction-design-management-regulations-2015-2","status":"publish","type":"post","link":"https:\/\/www.pbctoday.co.uk\/news\/planning-construction-news\/cdm2015-construction-design-management-regulations-2015-2\/19298\/","title":{"rendered":"CDM2015 Construction (Design and Management) Regulations 2015"},"content":{"rendered":"

Skilled, knowledgeable, experienced and capable?<\/p>\n

The Construction (Design and Management) Regulations 2015 (CDM2015) come into force on Monday, 6th April 2015, within Great Britain (England, Scotland and Wales). The date for these regulations coming into force in Northern Ireland has still to be determined, but is unlikely to before the end of 2015, with the 2007 regulations still in force up until then.<\/p>\n

On 2nd April the Health and Safety Executive (HSE) published the final version of the HSE guidance document, L153, Managing health and safety in construction, which can be found at: http:\/\/www.hse.gov.uk\/pubns\/books\/l153.htm.<\/a><\/span><\/p>\n

The new regulations do not have an associated Approved Code of Practice (ACoP).<\/p>\n

CDM2015 requires checks to be performed the skills, knowledge, experience and capability of duty holders they engage\/appoint, previously known as competency. Any duty holder engaged\/appointed by another is also responsible for their own skills, knowledge, experience and capability.<\/p>\n

Therefore, any person who engages a designer or contractor, or the client for the appointment of a principal designer or principal contractor, is responsible under CDM2015 Reg. 8 must be satisfied that the persons and organisation engaged\/appointed are skilled, knowledgeable, experienced and capable. It is expected that any person\/organisation engaging\/appointing other duty holders will need to have procedures in place which will ensure that records are maintained to show that active steps were taken to be satisfied as to the designer\u2019s competence on health and safety matters. A person\/organisation will be deemed not to have complied if they cannot demonstrate that they have taken such steps as it is reasonable for persons in their position to take in investigating the duty holders. The client will always have this duty, but it also applies to any other organisation engaging a designer or contractor, who must also be able to demonstrate that the necessary checks have been performed.<\/p>\n

The client must, on projects with more than one contractor, verify that the principal designer is skilled, knowledgeable, experienced and capable to perform the management of health and safety during the pre-construction phase of the project and the principal contractor is capable of managing health and safety during construction, as the client is responsible for the appointment of the principal designer and principal contractor.<\/p>\n

Designers, contractors, principal designers and principal contractors must not accept commissions for work if they feel that they are not skilled, knowledgeable, experienced or capable for the particular requirements of the project. This also applies to the client organisation if they propose to perform other duties utilising their own personnel.<\/p>\n