ARCHIVED: This Practice Note has been archived and is not maintained. Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived]. Introduction It is the client who will take a central role throughout a construction project. The client will normally be responsible for allocating budgets, setting timetables and exerting considerable influence over contractors and the other participants in the project. These factors are integral to the proper control of risk on site. The term ‘client’ is synonymous with ‘Employer’ as used in other Practice Notes in this context. ‘Client’ is used here to facilitate reference to the Construction (Design and Management) Regulations 2007, SI 2007/320, (the Regulations). The client’s central role in risk management is recognised by the Regulations and reflected in the Approved Code of Practice (ACoP). The ACoP has been approved by the Health and Safety Commission and its

ARCHIVED: This Practice Note has been archived and is not maintained. Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived]. Introduction Contractors are those companies and individuals who actually carry out construction work. This hands-on’ role means that contractors are often those most at risk of suffering injury or otherwise damaging their health. The Construction (Design and Management) Regulations 2007, SI 2007/320 (the Regulations) allow contractors to have a role in planning and managing the construction work. The Regulations apply alongside the general duty which is placed on employees to take reasonable care of their own health and safety and that of others which is set out at section 7 of the Health and Safety at Work etc. Act 1974 (HSWA 1974). Please note that any reference to the term ‘client’ in this note is synonymous with ‘employer’ as used

ARCHIVED: This Practice Note has been archived and is not maintained. Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived]. Introduction Designers have an integral role in the development of a project and have a large influence on the way in which a project will evolve, from the initial architectural plans through to the choice of roofing materials. Each stage of a construction project is likely to involve an element of design, and the Regulations therefore impose duties on the designers to avoid foreseeable risks to those involved in constructing, maintaining and using the building. Please note that any reference to the term ‘client’ is synonymous with ‘employer’ as used in other Practice Notes in this context. ‘Client’ is used here to facilitate reference to the Construction (Design and Management) Regulations 2007, SI 2007/320 (the Regulations). Who is a designer? The

ARCHIVED: This Checklist has been archived and is not maintained. Theme Key changes Client duties CDM 2015 is client focussed—the client is ultimately responsible for managing the health and safety of the construction site (SI 2015/51, reg 4), as they are responsible for ensuring the principal designer prepares the health and safety file. They are also responsible for ensuring the maintenance and review of this obligation through the lifetime of the project. Client duties under CDM 2015 in relation to managing projects are similar to 2007 duties (SI 2007/320, regs 9–10) with the additions that the client must take reasonable steps to ensure the principal designer and contractor are compliant with their duties (SI 2015/51, reg 4(6). Election by clients is also included in client duties under regulation 4 in the 2015 Regulations.NEW 2015—CDM applies to domestic clients—this

For more detail about the role of the client, see: • Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) • HSE Guidance on the Construction (Design and Management) Regulations 2015 • CONIAC Industry Guidance for Clients • Practice Note: CDM Regulations 2015—the role of the client Identifying the 'client' • When the identity of the 'client' under the CDM Regs 2015 is uncertain, consider who: ◦ decides what is to be constructed, where, when and by whom ◦ commissions the design and construction work ◦ initiates the work ◦ is at the head of the procurement chain ◦ appoints contractors and designers • If there is more than one ‘client’, the CDM Regs 2015 will apply to all clients • If there is more than one 'client', the parties can agree in writing who is to take the role of the client for the purposes of the CDM Regs 2015. All clients will retain some duties • The duties of domestic clients will normally be transferred to either the contractor

For more detail on the role of the contractor and principal contractor, see: • Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) • HSE Guidance on the Construction (Design and Management) Regulations 2015 • CONIAC Industry guidance for Contractors • CONIAC Industry guidance for Principal Contractors • Practice Note: CDM Regulations 2015—the role of the contractor and principal contractor Duties of all contractors A contractor must: • ensure, before accepting an appointment, that it is satisfied that it has the requisite skills, knowledge and experience and (if it is an organisation) organisational capability, to fulfil its role in a manner that secures the health and safety of any person affected by the project • before commencing work, satisfy itself that the client is aware of its own duties under the CDM Regs 2015 (see Practice Note: CDM Regulations 2015—the role of the client). This duty is absolute • comply with the directions of any principal designer appointed by the client (for projects with more than one contractor)—see Practice Note: CDM Regulations 2015—the role of the principal designer

For more detail on the role of the designer, see: • Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) • HSE Guidance on the Construction (Design and Management) Regulations 2015 • CONIAC Industry guidance for Designers • Practice Note: CDM Regulations 2015—the role of designer Duties of all designers A designer must: • ensure, before accepting an appointment, that it is satisfied that it has the requisite skills, knowledge and experience and (if it is an organisation) organisational capability, to fulfil its role in a manner that secures the health and safety of any person affected by the project • before commencing work, satisfy itself that the

For more detail on the role of the principal designer, see: • Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) • HSE Guidance on the Construction (Design and Management) Regulations 2015 • CONIAC Industry guidance for Principal Designers • Practice Note: CDM Regulations 2015—the role of the principal designer Appointment of the principal designer The principal designer must be appointed in writing by the client on any project where there is more than one contractor. The appointment must be made as soon as practicable and before the construction phase starts. Duties of the principal designer The principal designer must: • ensure that it has the skills, knowledge and experience, and if it is an organisation, the organisational capability, necessary to fulfil the role in a manner that secures the health and safety of any persons affected by the project • comply with the general duties of a designer that are set out in reg 9—see Practice Note: CDM Regulations 2015—the role of designer • comply,

Under the Construction (Design and Management) Regulations 2015 (the ‘Regulations’), the development of the construction phase plan (the ‘Plan’) is one of the key duties of the principal contractor (for more information on the principal contractor’s role, see the Practice Note: CDM Regulations 2015—the role of the contractor and principal contractor). The Plan is required on all projects. For single contractor projects, the contractor will be responsible for ensuring that the Plan is drawn up. Along with the ‘health and safety file’ (the ‘File’), the aim of the Plan is to ensure health and safety so far as reasonably practicable, for those working on the project and those affected by the work during the construction phase (see Practice Note: CDM Regulations 2015—the health and safety file). Why prepare a Construction Phase Plan? The principal contractor must prepare, review, update and implement the Plan in such a way that it adequately addresses health and safety issues. The principal contractor must also take steps to ensure that the Plan addresses not just the health and safety of workers,

Under the Construction (Design and Management) Regulations 2015 (the ‘Regulations’), the health and safety file (the ‘File’) is a document required for projects involving more than one contractor. Regulation 12(5) of the Regulations provides that the File should be appropriate to the characteristics of the project and contain such information as is relevant to the project and is likely to be needed during any future construction work to ensure the health and safety of any person. It should be noted that although the information may be relevant to the contemporary construction work, the emphasis is on ensuring health and safety during any future works. The information in the File should therefore be sufficiently clear and targeted to allow any future construction work and maintenance to be carried out without risk to health and safety. When must the health and safety file be produced, and by whom? For projects involving more than one contractor, a principal designer must be appointed. The principal designer is primarily responsible for keeping and maintaining the File. If a principal designer

Designers have an integral role in the development of a project anda large influence on the way in which a project will evolve, from the initial architectural plans through to the choice of roofing materials. Each stage of a construction project is likely to involve an element of design and the Construction (Design and Management) Regulations 2015 (the ‘Regulations’) therefore impose duties on the designers to avoid foreseeable risks to those involved in constructing, maintaining and using the building. For information of the role of the designer under the dutyholder regime set out in the Building Regulations 2010, SI 2010/2214, Pt 2A, see Practice Note: Building regulations: the Dutyholders. Who is a designer? The Regulations refer to designers as being an organisation or individual who ‘prepares or modifies a design’ (or instructs or arranges for another under his control to do so). The definition of 'design' in regulation 2 of the Regulations is broad and includes 'drawings, design details, specifications and bills of quantities… relating to a structure, and calculations prepared for the purpose of a design’. The

The client must take a central role throughout a construction project. The client will be driving the project and will normally be responsible for allocating budgets, setting timetables and exerting considerable influence over contractors and the other participants in the project. These factors are integral to the proper control of risk during construction and in the future. The client’s central role in risk management is recognised by the Construction (Design and Management) Regulations 2015 (the ‘Regulations’) and is reflected in the related Construction Industry Advisory Committee document CONIAC Industry Guidance for Clients (the ‘CONIAC Guidance’). Despite the client’s central role, it will typically have limited knowledge about how to manage health and safety on construction projects. In most cases, clients will appoint and be supported by a team of specialist advisors who will support it in complying with the Regulations. This team will, in most cases, consist of a principal designer, principal contractor, contractor and designer. Collectively, these are known, under the Regulations, as the ‘duty holders’. If the client fails to appoint a