CDM 2015

Professor Billy Hare

School of Engineering & Built Environment
School of Engineering & Built Environment GCU

GCU School of E.B.E.

£444m to Scottish Economy Largest Scottish B.E. Students
17,335 Students High Scottish B.E. Research
95% Graduate Employment New BSc (Hon) H&S Mgt.
H&S Research: BIM; SCB; Skill
Decay, Migrant Workers
CPD: CDM; W@H; S.L.W.E.
Industry Eng.: IOSH; CITB; CDM
(PD Guidance); CIOB; ICE; KTP
Aim of Today’s Briefing Session
Aim

• Introduction and overview of CDM 2015

• Roles of Duty Holders

• Summary of recent Court Cases

 CDM 2015: Structure of Regulations

Part 1: (1) Citation (2) Interpretation (3) Application

Part 2: (4) Client (5) Appointments (6) Notification (7) Domestic Clients

Part 3: (8) General (9&10) Designer & GB (11) PD (12) CPP H&SF (13&14) PC (15) Contractor

Part 4: (16 – 35) Site HS&W

Part 5: (36) Fire Regulation; (37) Transitional (38) Amendments (39) Review

Schedules: (1) F10 (2) Welfare (3) High Risk Activities (4) Transitional (5) Amendments
Appendix: (1) Principles of Prevention (2) PCI (3) CPP (4) H&SF (5) Interaction (6) Domestic C
CDM 2015: Guidance
HSE: Construction (Design and Management) Regulations 2015,
Guidance L153

CITB/CONIAC Guidance
Each Duty Holder

http://www.hse.gov.uk/pubns/priced/l153.pdf

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-
management-regulations/cdm-guidance-documents/
Duty Holders
General Duties:
SKE, Org. Capability, Co-op, Report, Info.

Contractor & Worker

Principal Contractor
Principal Designer

Designer
Client

Site
HS&W

Management Plan Eliminate Plan Skills

Arrangements Manage Reduce Manage Knowledge
Appointments Monitor Inform Monitor Experience
Notification Co-Ord. H&S Control Co-Ord. H&S Training
Supervision
 Commercial Client Guidance
Reg 4
Make suitable arrangements to manage H&S, secure welfare facilities.
Ensure management arrangements are maintained and reviewed.
Provide PCI.
Commercial Client

Ensure CPP in place prior to start of construction phase.

Regulation 4 Ensure PD prepares, updates and makes available the H&SF.
Ensure PD & PC comply with all their duties.
Pass H&SF to new Client.
Election when there is more than one Client.
Regulation 5

Reg 5
Regulation 6 Appoint PD & PC as soon as practicable,
Client by default; More than 1 Contractor
Regulation
8(4)(6) Reg 6
Notification F10: Over 30 days & more 20 workers or over 500 p/d

Reg 8
General duties
 Domestic Client Guidance
Reg 7
Duties carried out by
Domestic Client

• Contractor
• PC (if more than 1)
• PD (by written agreement)
Default PD & PC
• Designer in Control PD
• Contractor in Control PC
Regulation 7
Reg 16(3)
• If Client ‘controls’ construction work
then subject to Part 4 Duties
 Client Fine £120,000 after fatal fall
• Unsupervised
• Installing black-out
covers
• No fall protection
• New sentencing
guidelines could mean
£m’s for future

BBC News July 2016

 Council fined after man dies and another
injured in roadworks
• Both incidents during major resurfacing works
• 74yr man hit by a car while using crossing at temporary lights
• Temp. pedestrian lights not working; no alternative provided
• Following month, 69yr old killed attempting to cross a single lane of traffic on the
same road; changes had been made to the traffic control lights

Enterprise Liverpool Limited:

• failed to ensure the designs for the traffic management
were checked or approved
• failed to ensure the construction plan for
pedestrian routes and provision of barriers
was being followed
• at the time of the incidents provided no safe
means of pedestrians crossing the works
area or the carriageway

• Tarmac Trading Limited…

Tarmac Trading Limited:
Responsible for the provision and installation of the traffic
and pedestrian management:
• 1st Incident - failed to provide alternative assistance for
pedestrians at the time of the first incident despite it
being known that the temporary lights were broken
• temporary bus stop had also been placed in the
middle of the road at the crossing

• 2nd Incident - temporary lights had been removed but

no alternative control measures were put in place to
enable pedestrians to cross the live lane of traffic
• large A-frame sign was placed on the crossing
obscuring the view of both pedestrians and motorists
 Sentencing:
Client:
• Liverpool City Council: CDM 2007 R9(1) Arrangements
– £15,000 & £100,000 costs
• Enterprise Liverpool Limited: CDM 2007 R22(1)
– £25,000 & £80,000 costs PC: Plan
Contract
Manage Monitor
or

• Tarmac Trading Limited: HASAWA S3(1) safety

of
• fined £1.3 million and ordered to pay £130,000 costs others
(public)
 PD Guidance Reg 8
General duties

Reg 11
Plan manage monitor pre-construction phase & coordinate H&S.
Principal Designer

Apply general principles of prevention (and content of CDM

documents) to technical, organisational, stage planning, and
time aspects of the work.
Regulation 8 Identify, eliminate or control foreseeable risks for: construction,
maintenance, cleaning, use/workplace.
Ensure Designers comply with duties.
Regulation 11 Ensure cooperation with Client, PD and each other.
Assist Client with PCI, provide PCI to others. Liaise with PC.
Regulation 12
Reg 12
Assist PC with CPP using PCI & other info.
Prepare H&SF:- Ensure Reviewed Updated Revised
Pass H&SF to C. or PC if role ends
Developing the PD role:
HSE’s expectations
‘Active’ designers Lead Designer
undertaking PD Automatically PD
with Ex-CDMC No support
Use of ‘non-active’support
Designers (Ex-
CDMC) as PD
Level 4
Delegate H&S
Natural
Level 3
to CDMC
Proactive
Level 2
Compliance
Level 1
Unaware

Pre-Oct. 2015 Next 2 Years 1 - 5 Years 5+ Years

Oxford Architects Fined £195,000
 Designer Guidance
Reg 8
General duties

Reg 9
Client aware of duties.
Designer

Apply general principles of prevention (and content of PCI)

Regulation 8 to eliminate foreseeable risks relating to construction,
maintenance, cleaning and use as a workplace.
Reduce or control risks and provide appropriate info. to
Regulation 9 PD for PCI and H&SF.
Include with design, info. about design/construct/
maintenance to help others.
Regulation 10

Reg 10
Design outside GB:- Person who commissions or
Client if person is outside GB ensures Reg 9, Not Dom.C
Luton Airport & Designer

The HSE said the crossing should have had Belisha beacons, zigzag
lines and a stop-line at least 1m from the start of the crossing.

Judge Philip Bartle QC said: "There was a foreseeable risk of injury

or death to pedestrians and the seriousness is that LLAOL exposed
eight million to nine million visitors a year to that risk.“

The court heard that the crossing had been altered following the
death of Ms Whiting and the size and number of heavy vehicles
using the road had been reduced.

The two companies were not charged with offences specifically

relating to Ms Whiting's death.

http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-24582857
 Result of site tour with maintenance team

Easily replaced

Light fitting descends from ceiling

How easy to change

this light bulb?
Design for Health:
Reduced on-site cutting (dust)
Planning for Health:
Eliminate generator diesel exhaust
 Reg 8
General duties
PC Guidance Reg 12
Prepare/arrange for CPP; Arrangements, Rules, Sch3 work
Ensure CPP Reviewed Updated Revised
Pass info. to PD for H&SF; Receive H&SF if PD ends:-
Ensure H&SF Reviewed Updated Revised & Pass to C.
Principal Contractor

Regulation 8 Reg 13
Plan manage monitor construction phase and coordinate H&S.
Regulation 12 Apply general principles of prevention to technical, organisational,
stage planning, and time aspects of the work.
Cooperation and coordination of [Sub] Contractors, including their
Regulation 13 legal requirements; employers/ self-employed application of
general principles of prevention to Part 4, and follow CPP.
Requirements: induction, controlled access, welfare facilities.
Regulation 14

Reg 14 Worker Engagement

Co-operate on develop/promote/check H&S;
consult in good time; Inspections (Some exclusions)
 Reg 8
Contractor Guidance General duties

Reg 15
Client aware of duties.
Plan manage monitor own work to ensure worker H&S.
If more than one Contractor:
• comply with PD/PC directions; follow PC’s CPP.
If the only Contractor:
Contractor

• apply general principles of prevention to technical,

organisational, stage planning, time aspects of their work.
Regulation 8 • prepare/arrange for CPP.
Only appoint and put to work, people with (or obtaining) skills
knowledge training and experience.
Regulation 15 Supervision, instruction and information.
Specific information for workers: induction (if not covered by PC),
emergencies, risk assessment, other contractors’ activities, other
statutory provisions.
Prevent unauthorised access before work starts.
Ensure welfare facilities in place.
Bulgarian contractor hit with huge
£500K safety fine (Aug 2016)
CDM Documentation

The paperwork…
Notification (F10)
• Projects:
» >30 days & 20 workers on site at same time or
» 500p/d
» Including Dom. Client

• Content:
• See Schedule 1

• No actual form
• (online submission)

https://extranet.hse.gov.uk/lfserver/external/f10
 CDM Documentation: PCI
• PCI provides a basis for the preparation of the CPP
• May also be relevant to H&SF
• Defined as:

“information about the project that is already in the client’s possession or which is
reasonably obtainable by or on behalf of the client”

• Relevant to the project

• Appropriate level of detail
• Proportionate to level of H&S risk
“Preliminary information gathered at the start of the project is unlikely to be sufficient.”
 CDM Documentation: PCI
Contents Examples
Project Info. Client Brief & key dates for
Construction Phase
Planning & Management Resources; Time; Co-ordination
Arrangements Meetings
H&S Hazards & how they will be Existing site hazards; Design
addressed Hazards
Any other relevant info. Exiting H&S File

• Convenient form and easily understandable

• Evolve as project progresses towards Construction Phase
• Assess for adequacy and gaps
• Commission surveys to fill any gaps
• Provide PCI to every Designer and Contractor (assisted by PD)
• Engaged; tendering; or employed on the project
Client fined for inadequate PCI

April 2016

• No refurbishment and demolition survey conducted

• Two workers stripped out the AIB without any effective precautions
• Received significant exposure to asbestos fibres

• Asbestos can be found in any building built before the year 2000

• Firestone Estates Limited, fined £10,000 and were ordered to pay

£1020.64 in costs with a £1,000 victim surcharge.
 Client fined: out of date PCI
March 2014

• Cable strike: two workers excavated for installation of drainage

• bucket of excavator came into contact with a 20kV underground
electric cable
• Both workers avoided injury, but was an HSE investigation

• Egger (Client) provided out of date services diagram

• Failed to update this diagram following the earlier work
• Egger (UK) Ltd fined £8000 + costs

• Today’s fines consider turnover (£); ‘risk’ (not the consequence);

increased fine for multiple people at risk: up to £3m
CDM Documentation: CPP
• Construction Phase Plan includes:

• H&S arrangements
• Site rules
• Specific measures covering high risk work (Schedule 3)

• Information should:

• Be relevant to the project

• Sufficient detail covering above items
• Still proportionate to H&S risks

• Not Generic RAMS

 CDM Documentation: CPP
Construction Phase Plan Contents
Description of project; key dates; key • Developed from the PCI
members of the project team • Drawn up before
Management Arrangements: Construction Phase begins
• Client assess adequacy
• the health and safety aims for the project; • Client ensure remains “fit for
• the site rules; purpose”
• arrangements to ensure co-op. and co-
ord. of work e.g. regular site meetings;
• arrangements for involving workers;
• site induction;
• welfare facilities; and
• fire and emergency procedures

Control measures for high risk activities in

Schedule 3
CDM Documentation: Shc. 3
Work where…

1. risk of burial under earthfalls, engulfment in swampland or falling from a height,

aggravated by the nature of the work, processes or environment;
2. puts workers at risk from chemical or biological substances requiring health
monitoring;
3. ionizing radiation per regulation 16 of the Ionising Radiations Regulations 1999;
4. near high voltage power lines;
5. exposing workers to the risk of drowning;
6. on wells, underground earthworks and tunnels;
7. carried out by divers having a system of air supply;
8. carried out by workers in caissons with a compressed air atmosphere;
9. involving the use of explosives;
10. involving the assembly or dismantling of heavy prefabricated components.
 CDM Documentation: H&SF
• Contain relevant H&S information for any subsequent project
» E.g. maintenance; cleaning; refurbishment or demolition

Contents

Description of the work carried out

Residual hazards and how they are to be controlled

Key structural principles (pre/post tension; SWL of floors/roofs)

Hazardous materials used (e.g. lead paints)

How to remove/dismantle fixed plant Note:

• Only required for
How to use equipment to safely clean/maintain structure projects >1 Contractor
Nature, location, marking of (especially hidden) services • No C. duty to update
H&SF during use
As-built drawings (those needed for H&S e.g. access service voids
Taster of CDM Training
 CDM 2015 & Project Life Cycle
CDM

CONCEPT & DESIGN & TENDER / COMMISSION OPERATION

CONSTRUCTION
FEASIBILITY PLANNING SELECTION & HANDOVER & USE

F10 & Mgt. PD: Plan Manage Monitor Co-ord.

Arrangements PC: Plan Manage Monitor
Co-ord.

Appointments CPP Site HSW

PCI PCI

ERI ERI

H&SF to Use H&SF;

H&SF Pass on
C
CDM & Procurement routes
• Client Brief = Design = Tender = Construction (lump sum)
Traditional • Optional ‘Contractor Design Portions’
• Popular Domestic Client Option

Design & • Client’s Requirements = (Initial Design) = D&B Contractor

• D&B Contractor: Design Development (PD & PC)
Build • Prime Contract: D&B with established supply chain

Management • Client Brief = Design Team = Contractor (cost + fee) = sub-

contractors
Contracting • Opportunity for early Contractor Involvement in Design Phase

Construction • Client + Project Team = Design + Construction often parallel

• Contractor ‘Agent’ (cost + fee); Opportunity for early involvement
Management • Hands-on Client; quick pace; Client ensure SKE of supply chain
Thresholds & Appointments
CDM 2015 All Projects >30 & > 20 / Multi- One
500 Contractor Contractor
Notification 
(F10) Client

Appointments 
(PD & PC) Client

PCI &   
Construction PD & PC Client &
Phase Plan Contractor
H&S File 
PD (or PC)
 CDM & Project Management Processes

CONCEPT & DESIGN & TENDER / COMMISSION OPERATION

CONSTRUCTION
FEASIBILITY PLANNING SELECTION & HANDOVER USE/MAINT.

Client Project Procure Test & Evaluation

Team Team Supply Chain Monitor Commission & Feedback

Feasibility Handover
Studies P.E.P. Contracts Doc’s

Brief/ Design
Strategy Delivery

Appoint Appoint PC H&S Implement Handover Monitor Use

Selection
PD (if early) Criteria CPP H&SF of H&SF

H&S H&S
Objectives PCI/H&SF Standards

H&S Risk App. PC

Register/PCI ERIC Develop CPP
 H&S Risk Register
Hazard Work Element Initial Risk Owner Designer ERIC Measures Residual
& Risk Phase(s) Risk Risk Rating
Rating

Underground Construction Under- HIGH M&E Alternative Route for new LOW
services: Explosion Phase 1 ground Engineer services; Utility Dwg’s
or Electrocution made available to PC

Roof work: falls Construction Existing MEDIUM Architect Raised height of parapet LOW
Phase 2 & Roof with non-penetrative
Maintenance retro fit edge protection

Working on live Downtakings, General MEDIUM Engineer & Architect provided layout LOW
site: students & Construction site Architect Dwg’s with separate
staff and operations access routs for contractor
Maintenance traffic; staff decanted
from bordering offices

Connection to Construction Installation MEDIUM M&E Phased for summer when LOW
heating system; Engineer heating system can be
burns shut off
 RAG Lists
RED
Avoid unless there is no alternative. Must be justified and
additional risk mitigation must be included in the design.

RED Highway Building Rail Tunnelling Energy

Use of ladders & stepladders     

Designs with no provision for segregation 

Specifying fragile roofs 

Underground plant with no fire  
suppression devices

Underground designs without adequate   

ventilation
 RAG Lists
AMBER
Use sparingly and carefully. Provide advice and guidance if
these elements need to be incorporated.

AMBER Highway Building Rail Tunnelling Energy

Specification of materials at height     

needing regular maintenance

Specification of blocks >20kg   

Manholes in heavy used vehicle zones   
Pipe / service routes crossing walkways  

Scheduling works in flood-prone areas     

during rainy seasons
 RAG Lists
GREEN
Preferred solutions.

AMBER Highway Building Rail Tunnelling Energy

Design permanent access for regular     

maintenance at height

Pre-fabricate structures off-site for a one-   

lift installation during construction

Provide fold down lightweight signal  

structures

Provision of crash protection barriers (e.g.    

Armco, bollards)
To book a CDM course

• Billy Hare
• [email protected]
• 0141 331 3908