04 CDM Regulations

Question 1

Why do the CDM Regulations exist?

Answer 1

First introduced in 1994 (later revised in 2007 and 2015) following publication of a European Directive on minimum health and safety standards for temporary or mobile construction sites

Question 2

What is an F10 notice and when would you use it?

Answer 2

The form used to notify the HSE that a project has met the criteria for notification under the CDM Regulations

Question 3

What information is contained on an F10 notice?

Answer 3

1. Dates - date of notice and commencement of work,
2. Names and contact details - site, LA, client, PD, PC, other designers and contractors
3. Works - description, duration, number contractors, number of workers
4. Declaration - signed by or on behalf of the client that he is aware of his duties

Question 4

Who signs the F10 notice?

Answer 4

The client or a party appointed on their behalf

Question 5

In terms of notifying the HSE, what happens if there is an extension to a non-notifiable project?

Answer 5

If the project is not notifiable at first but subsequent changes mean it fits the criteria for notification, an F10 must be submitted as soon as possible

Question 6

What are the timescales for submitting an F10?

Answer 6

F10 forms should be submitted as soon as practicable before the construction phase begins - the HSE state they take 10 days to process the form

Question 7

What is a PCIP?

Answer 7

The PCIP is a collation of all the information in the client’s possession, or reasonably obtainable on behalf of the client, relevant to the works regarding the risks involved

Question 8

What information would you expect to find in a PCIP?

Answer 8

1. Description of the project - programme, team, location of existing records and plans, whether completed works will be used as a workplace etc.
2. Client’s considerations and management requirements - communication and liaison between clients and others, site security, welfare, transport, permits to work, emergency procedures, health and safety requirements for employees customers or others involved, Site transport arrangements and vehicle movement restrictions etc. Planning for and managing the construction work, inc H&S goals for the project.
3. Environmental restrictions and existing on site risks. E.g. Boundaries and access, including temporary access – for example narrow streets, lack of parking, turning or storage space
4. Significant design and construction hazards -

• Significant design assumptions and suggested work methods, sequences or other control measures
• Arrangements for co-ordination of ongoing design work and handling design changes
• Information on significant risks identified during design
• Materials requiring particular precautions

5. Description of the format and conditions of the Health and Safety File

Question 9

What is a construction phase plan?

Answer 9

The Construction Phase Plan records arrangements for managing significant H&S risks specific to the project - the PCIP forms the basis for this

NB: it should not just contain generic risk assessments

Question 10

What information would you expect to find in a construction phase plan?

Answer 10

1. Description of the project, key dates and key members of the project team
2. The H&S aims for the project
3. Site rules
4. Arrangements to ensure cooperation between the project team
5. Arrangements for involving works
6. Site induction procedures
7. Welfare facilities details
8. Fire and emergency procedures
9. Control of any specific site risk where relevant (listed in Schedule 3, e.g. work near power lines, risk of drowning, work on in underground earthworks etc.)

Question 11

What is a health and safety file?

Answer 11

The H&S File is a file containing relevant health and safety information to be taken into account during any subsequent project

Question 12

Is a health and safety file required on all projects?

Answer 12

Only required when there is more than one contractor

Question 13

Who is responsible for preparing the health and safety file under the CDM Regulations 2015?

Answer 13

Principal Designer

Question 14

How detailed should the health and safety file be and why?

Answer 14

Only needs to include information relevant to the planning of future construction work (refurbishing, cleaning etc.), as too much material may hide crucial details about risks

Question 15

What information would you expect to find in a health and safety file?

Answer 15

1. Brief description of works carried out
2. Residual (remaining) hazards and how they have been addressed
3. Key structural principles (e.g. safe working loads)
4. Hazardous materials used (e.g. lead paint)
5. Special arrangements for removing or dismantling plant/equipment
6. H&S info about equipment for cleaning/maintaining structure
7. Nature, location and markings of significant services (e.g. underground cables, gas supplies etc.)
8. As-built drawings

Question 16

What is the purpose of the CDM Regulations 2015?

Answer 16

CDM Regs 2015 intend to ensure H&S issues are properly considered during a project’s development so the risk of harm to those who have to build, use and maintain structures is reduced

Question 17

What were the reasons for the latest revision of the CDM Regulations?

Answer 17

• Belief that the co-ordination function in the pre-construction phase was not always embedded in the project, resulting in additional costs with little added value
• The persistence of unacceptable standards, particularly on smaller sites

Question 18

What recent changes have been made to the CDM Regulations?

Answer 18

1. Replacement of the role of CDMC with a new role of ‘Principal Designer’
2. Removing the exemption for domestic clients, but passing their CDM duties to the contractor
3. Changing the threshold for appointment of co-ordinators (i.e. Principal Contractors and Principal Designers) to be where there is more than one contractor
4. Separating the threshold for co-ordination from that of notifying the HSE
5. Splitting competence assessment into component parts of skill, knowledge, training and experience (and organisational capability if it relates to an organisation)

Question 19

When do the CDM Regulations 2015 come into force?

Answer 19

6th April 2015, however if a CDMC had already been appointed and the construction phase had started, the client must appoint a Principal Designer to replace the CDMC by 6th October 2015

Question 20

When do the CDM Regulation 2015 apply?

Answer 20

Apply to all construction work, i.e. the carrying out of any building, civil engineering or engineering construction work, including:

• Construction, alteration, conversion or fitting out
• Renovation, repair, redecoration, upkeep or other maintenance
• Preparation including site clearance, excavations and investigations
• Demolition/dismantling
• M&E install, commissioning, decommissioning, maintenance and repair

Question 21

When do the CDM Regulations 2015 require a Principal Designer and Principal Contractor to be appointed?

Answer 21

When there is more than one contractor

Question 22

What is the implication if a Principal Designer and Principal Contractor are not appointed when they should have been?

Answer 22

If a commercial client fails to appoint a PD or PC, the commercial client must carry out their duties

If a domestic client fails to appoint a PD or PC, the designer in control of the pre-construction phase becomes the PD and the contractor in control of the construction phase becomes the PC

Question 23

When is a project notifiable under the CDM Regulations 2015?

Answer 23

If the construction phase is likely to:

• Last longer than 30 working days and have more than 20 works working simultaneously at any point, or
• Exceed 500 person days

Question 24

Do weekends and bank holidays count towards the threshold for notification?

Answer 24

Every day construction work is likely to take place (including weekends and bank holidays) counts towards the threshold for notification

Question 25

Who is responsible for notification under the CDM Regulations 2015?

Answer 25

Notification is now the responsibility of the client, however they may arrange for somebody else to do it on their behalf

Question 26

What are the client’s responsibilities under the CDM Regulations 2015?

Answer 26

1. Ensure other dutyholders are appointed (including PD and PC for projects involving more than one contractor)
2. Ensure all dutyholders have the appropriate skills, knowledge, experience and organisational capacity
3. Allow sufficient time and resources for each stage of the project
4. Ensure the PD and PC carry out their duties in managing the project
5. Ensure suitable welfare facilities are provided for the duration of the project
6. Maintain and review the management arrangements for the duration of the project
7. Provide pre-construction information to every Designer and Contractor
8. Ensure the PC/Contractor prepares a Construction Phase Plan before that phase begins
9. Ensure the PD prepares a H&S File which is made available to anyone who needs it
10. Notify the HSE in writing with details of the project (if project is notifiable)
11. Ensure a copy of the notification is displayed in the site office (if project is notifiable)

Question 27

What are the designer’s responsibilities under the CDM Regulations 2015?

Answer 27

1. Ensure Client is aware of his duties
2. Eliminate hazards and reduce risks during design
3. Provide information on any remaining risks so far as reasonably practicable
4. Provide design information to all other dutyholders to help them comply with their duties
5. Communicate, cooperate and coordinate with all other dutyholders

Question 28

What are the Principal Designer’s responsibilities under the CDM Regulations 2015?

Answer 28

1. Plan, manage, monitor and coordinate health and safety in the pre-construction phase
2. Help advise the client in collating pre-construction information
3. Work with other designers to eliminate/reduce health and safety risks so far as reasonably practicable
4. Liaise with the PC, keeping them informed of any risks that need to be controlled during the construction phase
5. Prepare and update the H&S File

Question 29

What are the Principal Contractor’s responsibilities under the CDM Regulations 2015?

Answer 29

1. Plan, manage, monitor and coordinate the entire construction phase
2. Take account of the risks to everyone affected by the work (including members of the public)
3. Liaise with the Client and PD to ensure risks are effectively managed
4. Prepare a written Construction Phase Plan before the work begins and update it throughout
5. Ensure suitable welfare facilities are provided from start to finish
6. Consult and engage with workers about their health and safety
7. Check that anyone they appoint has the skills, knowledge, experience and organisational capability to carry out their work safely
8. Ensure all workers have site-specific inductions and any further information and training they need
9. Take steps to prevent unauthorised access to the site

Question 30

What are the contractor’s responsibilities under the CDM Regulations 2015?

Answer 30

1. Ensure the Client is aware of their duties
2. Plan, manage and monitor their own work, taking into account anyone whose health and safety may be affected (including members of the public)
3. Check that anyone they appoint has the skills, knowledge, experience and organisational capability to carry out their work safely
4. Ensure all workers have site-specific inductions and any further information and training they need, unless provided by the PC
5. Ensure suitable welfare facilities are provided for the workers under their control
6. Ensure they do not start work until reasonable steps have been taken to prevent unauthorised access
7. Coordinate their work with the work of others in the project team
8. Comply with the directions given by the PD or PC
9. Comply with the parts of the Construction Phase Plan relevant to their work

Question 31

What are the worker’s responsibilities under the CDM Regulations 2015?

Answer 31

1. Only carry out construction work if they have the relevant skills, knowledge, training and experience
2. Make themselves aware of the health and safety risks involved and how those risks are managed
3. Always follow site rules and procedures
4. Cooperate with other dutyholders
5. Report any risks they find

Question 32

Can a person/organisation act as more than one CDM duty holder?

Answer 32

Organisations or individuals can carry out the role of more than one dutyholder, provided they have the skills, knowledge, experience and organisational capacity necessary to carry out those roles

Question 33

Are any clients exempt from the CDM Regulations?

Answer 33

Whilst domestic work is not exempt, domestic clients’ duties are passed to the PC/Contractor by default or the PD via a written agreement

Question 34

Your client says that to save money he wants you to be the CDMC on the project. How would you respond?

Answer 34

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Question 35

How can designers demonstrate that they are taking account of design risk in their work?

Answer 35

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Question 36

You are designer and contract administrator on a notifiable project and a client variation requires the erection of steelwork. How should the H&S of this be managed?

Answer 36

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Question 37

At the end of the construction phase, what do you need to check in terms of the CDM Regulations?

Answer 37

The Health and Safety File

Question 38

What is a Health and Safety file?

Answer 38

The Health and Safety File is a record of information for the Client or the end user which focuses on health and safety.

The information it contains will alert those who are responsible for the structure of the key health and safety risks that will need to be dealt with during subsequent maintenance, repair and construction work.

Question 39

Who is responsible for ensuring the preparation of the Health and safety file?

Answer 39

The Principal Designer is responsible for ensuring that the Health and Safety File is prepared.

Early on in the construction project the Principal Designer will discuss the Health and Safety File with the client. This will help determine what information the client requires and how the client wishes the information to be stored and recorded.

Question 40

What should the health and safety file contain?

Answer 40

• a brief description of the work carried out
• any residual hazards which remain and how they have been dealt with (e.g. information concerning asbestos, contaminated land, buried services etc.)
• key structural information (e.g. bracing, sources of substantial stored energy – including pre- or post-tensioned members etc.)
• safe working loads for floors and roofs, particularly where these may prohibit placing scaffolding or heavy machinery
• hazardous materials used (e.g. pesticides, special coatings which should not be burnt off etc.)
• information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting, special instructions for dismantling etc.)
• health and safety information about equipment provided for cleaning or maintaining the structure
• the nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc.
• information and as-built drawings of the structure, its plant and equipment (e.g. the means of safe access to and from service voids, fire doors and compartmentalisation etc.)
• The Health and Safety File does not need to contain information that is irrelevant to the future planning of works or the normal operation of the structure.

Question 41

What skills, knowledge and experience does a principal contractor need to carry out their duties in a way that ensures health and safety?

Answer 41

A principal contractor must be able to demonstrate that they have the skills, knowledge, experience (SKE) and, where an organisation, the organisational capability to carry out the work they are being appointed for. The level of SKE should be proportionate to the scale and complexity of the project and the nature of the risks to health and safety.

Examples of demonstrating SKE might include:

• records of continuing professional development (CPD) including training records
• membership of professional bodies
• references from previous construction work

Examples of demonstrating organisational capability might involve:

• using pre-qualification assessment services from third party assessors, such as those who are members of Safety Schemes in Procurement Forum (SSIP)
• self-assessing using the standard health and safety pre-qualification questions in Publicly Available Specification PAS 91

Question 42

What are the key elements that make up CDM 2015

Answer 42

• The general principles of prevention (i.e. Risk assessments and elimination/reduction)
• Appointing the right people at the right time
• Making sure that everyone has the information, instruction, training and supervision to carry out their jobs
• Duty holders co-operate and communicate
• Consult with and engage with workers