Who can be a principal designer?
The Construction (Design and Management) Regulations 2015 (CDM 2015) make the role of CDM co-ordinator obsolete and introduce the principal designer (PD).
The associated, draft guidance (L153) offers no scenarios describing who might be PD under different procurement models nor the skills, knowledge, experience and organisational capability that they require. This ambiguous vacuum is being filled with speculation.
It is helpful to review what we definitely know. A PD must be appointed by the client if there is, or is likely to be, more than one contractor on a project. We appoint a decorator to spruce up a room (redecoration = construction so CDM applies) and they sub-contract work to an electrician: that is two contractors so someone needs to be PD.
Regulation 2 of CDM 2015 explains that the PD is the designer appointed to fulfil certain other Regulations (discussed later). So, who’s a designer? This is a person (an individual or organisation) who prepares or modifies drawings, specifications etc. (i.e. designs) relating to a structure. They can also be a person who arranges for or instructs any person under their control to prepare or modify a design, which is much broader in scope.
What does a PD do? Fundamentally, they “plan, manage and monitor the pre-construction phase and co-ordinate matters relating to health and safety during the pre-construction phase” (Regulation 11). L153 offers additional insights into HSE’s thinking. PD have “control over the pre-construction phase of the project”, essentially the design stage, and have the “technical knowledge of the construction industry relevant to the project” and “the understanding and skills to manage and co-ordinate the pre-construction phase.”
Two distinct functions are emerging: the PD controls the design process and they co-ordinate health and safety matters relating to design. The PD appears to be envisaged as a design-based role.
Let’s return to the subject of who is a designer and, by extension, who can be a PD.
- Do you prepare or modify designs? A client specifies all the finishes for simple redecorations of a modern building. Design co-ordination is a doddle, and the structure and designs may present no significant, unusual risks. Assuming there will be more than one contractor, the client could be PD. For more complex projects I suggest they appoint people with specific skills, knowledge etc. Clients will still be PD if these duties are being fulfilled by an internal design team.
- Do you instruct or arrange for others to prepare or modify designs? When a client asks an architect or engineer to prepare designs the client becomes a designer, so could be the PD. That’s usually not a good idea: You must have, or must appoint dutyholders who possess the ability to fulfil these roles (Regulation 8). As we have seen, a would-be PD must control, i.e. plan, manage and monitor the design phase and co-ordinate health and safety matters during design. Design managers of design and build firms, construction managers and some surveyors (depending on their scope) have little or no detailed design input on a project but get other designers to develop designs and work together. They’d make great PD.
With this in mind, I have developed ten questions for a prospective PD.
Do you have the technical knowledge, skills and understanding regarding the;
- Design process? E.g. which disciplines you require, what information designers need, which designs are contingent on which other designs.
- Elements of the structure and how they fit and work together? This requires a basic understanding of the design disciplines (and their technical jargon).
- Activities, construction sequences and information needed to build, adapt, maintain and operate the structure? This allows the PD to compile and assess the adequacy of pre-construction information and health and safety files.
- Interpretation and clarification of Client briefs, including their arrangements for managing the project? Some Clients may ask the PD to help develop this.
- Suitable knowledge and application of a range of health and safety legislation?
- Ability to read technical drawings and spot poor design interfaces?
- Use of software packages (and BIM) to interrogate and mark up drawings?
- Designers’ explanations of the risks created by their designs, and the adequacy of proposed controls?
- Intelligent questioning (perhaps coaching) and co-ordination of designers, including chairing design team meetings and recognising the roles, skills and limitations of designers?
- Effective ongoing liaison with a principal contractor?
Because they already plan, manage and monitor (i.e. control) the design phase, lead designers (e.g. architects, engineers and surveyors) should be PD but may not have all these qualities. CDM co-ordinators who are not designers (myself included) lack the technical skills to control design work.
Perhaps one solution is PD = lead designer + ex-CDM-C support?
Until the HSE put their heads above the parapets, speculation will continue.
Who can be a principal designer?
The Construction (Design and Management) Regulations 2015 (CDM 2015) make the role of CDM co-ordinator obsolete and introduce the principal
Dr Nick Bell
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Being very long in the tooth my experience is that many so called ‘Principal Designers’ will come out of the woodwork stating that
they competent and informed.
The way I interpret these regs, it looks as though the norm of 30 work days etc prior to requiring CDM is no longer applicable – does this mean we need to employ these regs just to change a door or redecorate?
I find that part very open to interpretation – any one any thoughts on this?
malc
Malc. As you are aware that various parts of the CDM 2007 regs apply to all construction work as defined under the current regs and will continue to be the same under CDM 2015. The changing of the door and decorating is classed as construction, however, the changing of a door would not take 30 days to complete thus it will not be notifiable construction work under the current CDM regs, and hence, you would not be required to appoint a CDMc and a Principal Contractor regardless of a number of contractors you employ to complete the door change. But with the new CDM 15, if you employ, for an argument sake a carpenter and a decorator (not from a same company though); ie two different contractors to change that door, then you will be required to appoint one of them as a Principal Contractor and also appoint a Principal Designer, if any design is being carried out. However, if you don’t appoint these duty holders then by default you become these and carryout their duties and responsibilities yourself. The construction projects will only be NOTIFIABLE to HSE if they take 30 days or more AND will involve 20 or more persons working on site at any one time in any capacity. OR the construction phase will take 500 PERSON DAYS to complete.
I too have read the new regs and have puzzled over eligibility to carry out the role. What especially puzzles me is how recruitment agencies can advertise for PD’s – the PD must be a designer on the specific project. Not just ‘a designer’, he must be appointed by the Client to oversee design etc on that project.
As always Nick very informative.
curiously we are updating our CHAS atthe moment and they have asked if we as CMC,s do we want to register as a Principal Designer instead. We need clarification on this subject.
I think you need to remove your blinkers, it is very clear to me as it is to the HSE who have produced webinars etc. The only people I see who have a problem is some of the current CDM-C’s.
It all makes perfect sense to me
Can ex or current CDMcs who define/specify safe methods of work to implement the architect/structural engineer’s design be considered for a PD’s job. I normally do have a lot of in put to coordinate their designs and correct the design risk analysis.
A designer skilled in H & S – a rare animal indeed! The theory is fine but it leaves much to be desired in practice.
It seems that the HSE have strayed into the realm of the impractical – and there is still no post for an independent view of H & S actually on-site.
Good scenario, lots of minor jobs would appear to be liable to get caught up in this.
HSE requirements for a PD will be of great interest, and will they reflect the very widely varying complexity of contracts???
– I for one will watch this space with interest, particularly on the question of proportionality.
Refer to Reg 34 of the new guidance, the client has a duty to consider the appointment of an in-house or independent health and safety consultant where a project is large and complex. The more responsible clients will value an independent view especially where for example the Principal Contractor is also the Principal Designer on a D&B project. It would be a very brave client to leave both of these roles in the hands of one party without independent monitoring. Large and complex is interesting as a description of when to appoint independent advice, what about small and complex!! Is the size or value of a project really the deciding factor in whether or not to appoint a health and safety professional? Very odd.
Hi,
I work for a company that restore fire and flood damaged homes on the behalf of insurance companies whom are working on behalf of the PH (property holder)
My company have a team of 6 project managers, 30 trades men/women and 2 nebosh General trained H&S Supervisors.
let’s say the insurance company give us a water damaged house to restore, the procedure at the moment means, a project manager would receive a scope of works (following a meeting on site between project manager and a member of the insurance company). The project manager would then, source the materials, control the schedule of works, provide instructions for our trades (job sheets) and provide a risk assessment.
My question is, who is who in the sinario? Whos the Client, who’s the principal contractor and who’s the principal designer?
Thanks
Gary
Quite agree PD = lead designer + ex-CDM-C support? Gives the full solution to an integrated collectively responsible oganisational team
Interested if anyone can comment on whether a PD should be an individual or an organisation. We look after 300 separate designs every year with around £4m design fee and 40 designers. Current thinking is to appoint one individual as PD for all this, but reading between the lines of the Regs leads me to think the organisation should be the PD, not an individual. Can an individual effectively undertake the PD role for his scope of work?
Dear Nick, I totally concur with your article on who can become a Principle Designer. I currently carry out this activity after becoming a redundant CDM-Co. Unfortunately I had a run in with a lady HSE Inspector on a small refurbishment project in my area. Her attitude was you should be NEBOSH qualified, she thought IOSH was a poor relation in health and safety, and asked who was I to be giving health and safety advice. I explained 30 years in the profession, a CDM certificate to level 3, FCIOB, MRICS, MAPM, MASI, Eur-Geo, Construction Manager, P402 Asbestos Surveyor qualified, does I believe make me qualified. She still insisted on seeing all my certification. The poor Principle Contractor was fined £140.00 also the Client fined £140.00 because there was no hot water on the site the day she visited. Reason, existing boiler being removed new boiler not currently installed due to electrician still wiring it up.
Where do the HSE Inspectors get their training from!! plus customer relationship training.
You are dead right, until the HSE put their heads above the parapet confusion will still be the case.
OH! Forgot to say, this was a small contractor on his first CDM project, trying to please!!!!
Hi Nick,
Just wanted to say thanks for a great post, it is interesting to see and read everybody’s thoughts. I especially like the ten questions, I think these are great and will help people to establish the difference.
Graham your point is fascinating, whereabouts in the country were you when your health and safety inspector visited and issued the fines? It’s interesting they took action on the client, although, I do think that this will be the best way to improve health and safety on sites (it’s likely to be unpopular, though!).
I think from a client’s perspective; it is a massive educational process, and that is made more complicated at this moment by the fact there are few examples of clients being prosecuted or fined. At the moment, I know from my experience, I feel as though I am saying this could happen, or this could happen, but because it’s so new and no cases or very few. It ‘s hard to get the client to buy in. Sadly, this will no doubt result in cases coming through, which will then give case studies, unfortunately!
Thanks again,
Chris Preston