Stephen Coppin, Parsons Brinkerhoff
The consultation period for the revised Construction (Design and Management) Regulations is now over. However, there are still several aspects that remain unclear and safety professionals have reason to be concerned.
Some of the primary concerns were raised at IOSH 2014 last week, where a panel comprising myself, Tony Leach and Peter Caplehorn found it necessary to reassure a large number of delegates about the proposals.
Here are some of the key questions raised:
1. Aspect: “Regulation 8(1): Any person who is responsible for appointing a contractor to carry out work on a construction project must ensure so far as is reasonably practicable that the contractor:
(a) has received the necessary information, instruction and training; and
(b) has appropriate supervision;
to comply with the relevant statutory provisions and to secure the health, safety and welfare of persons affected by construction work.”
Query: This duty will obviously apply to the client, as well as the principal contractor, but will it also apply to a project management organisation that normally appoints the contractor or principal contractor on behalf of the client?
2. Aspect: Client required to appoint a principal designer and principal contractor if there will be more than one contractor on site.
Query: Is ‘principal designer’ the correct title or is ‘design safety coordinator’ more suitable? Are design practices willing or able to demonstrate to clients that they have the capability to fulfil 85 per cent of what the CDM-coordinator (CDM-C) has currently undertaken since April 2007.
3. Aspect: Client has additional responsibilities for checking there is a construction phase plan in place, as well as notification completion, and to ensure management arrangements for the project.
Query: Who is going to take on these additional duties? Will they require additional resource? Could the responsibility be contractually outsourced to a project manager or capable principal designer?
4. Aspect: Domestic projects will impose client duties on the first appointee.
Query: These could be transferred to the principal designer (in writing) or by default to the principal contractor or contractor. But the designer should advise the client of their duties. Will this happen?
5. Aspect: the principal designer is responsible for the preparation of the health and safety file, but the regulation does not mention how this is to be collated and provided to the client.
Query: It should be made clear that it is both the designer’s and the principal contractor’s duty to provide detailed information for the health and safety file for the principal designer to collate.
