The new Construction (Design & Management) Regulations 2015 come into force on 6th April 2015, which will mark a major change in the allocation of duties, responsibilities, risks and liabilities, particularly for clients and the new created Principal Designer role.
One of the key changes of the Construction (Design & Management) Regulations 2015 is the strengthening of client duties.
Clients have responsibility for the successful management of the project and ensuring Principal Designer and Principal Contractor performance. Domestic clients are now included but their duties are transferred to the Contractor on a single contractor project, or the Principal Contractor on a project involving more than one Contractor.
Another key change in the 2015 regulations is the replacement of the CDM Co-ordinator by a Principal Designer for the planning, managing, monitoring and co-ordination of Pre-Construction phase health & safety which will include the production of Pre-Construction Information, Design Risk Management and preparation of the Health & Safety file.
Further changes include:
•Principal Designers and Principal Contractors will be required on all projects where there will be more than one contractor working on the project;
•Replacement of explicit requirement for duty holder competence with need for appropriate skills, knowledge and experience and organisational capability;
•Change to the HSE’s Notification level – F10 is now only required for projects lasting more than 500 person days or lasting more than 30 days with more than 20 workers simultaneously;
•Health & Safety files will be required on all projects where there will be more than one contractor working on the project.
The new regulations mean that Clients and Principal Designers will now be drawn deeper into the requirements and implications, which will naturally attract more onerous liability for these duty holders.
The elimination of the CDM Co-ordinator role fundamentally means that the Client will lose an independent advisor to provide advice, assistance and support on a range of health & safety issues associated with the design and with an entirely different perspective from the Principal Designer.
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