A17: Construction (Design and Management) Regulations 2007

A project is notifiable where the construction work is likely to take more than 30 days or 500 person days.

This sheet principally covers the duties of clients.

Interpretation (r2)

‘Structure’ includes:

• building, pylon, drainage, gasholder, underground tank, cable, sewer, road, pipeline, and fixed plant, and
• falsework, scaffold, or other structure designed to provide support or means of access.

‘Design’ includes drawing, design details, specification and bill of quantities (including specification of articles or substances) in relation to the design of a structure.

Competence (r4)

duty to take reasonable steps to ensure that a CDM co-ordinator, designer, principal contractor or contractor are competent before they are appointed or engaged.

Similarly, ensure that no workers are required to carry out or manage design or construction work unless they are competent, or under the supervision of a competent person.

‘Competent’ in this context means being competent to perform any requirement, and to avoid contravening any prohibition imposed by or under health and safety law.

duty on all covered by CDM to seek the co-operation of and to co-operate with anyone else involved in construction work at the same, or adjoining, site so far as is necessary to comply with CDM.

Duty on everyone concerned in a project working under control of another to report anything which is likely to endanger the health and safety of himself or others.

duty on all covered by the regulations to co-ordinate their activities in order to protect the health and safety of those carrying out, or affected by, the construction work.

duty on all covered by CDM to take account of the general principles of prevention with regard to the design, planning and preparation of a project, and to ensure (sfarp) that the same principles are applied in the carrying out of the construction work.

The principles referred to are those in the Management of Health and Safety at Work Regulations 1999 (see Summary Sheet A10, extract reproduced here).

Principles of prevention MHSW (r4)(sch 1)

The preventive and protective measures must be implemented in line with the following principles:

• avoid the risk altogether
  
• evaluate the risks which cannot be avoided
  
• combat the risk at source
  
• adapt the work to the individual, having regard to the design of workplaces, the choice of work equipment and production methods, in order to alleviate monotonous work, and work at a predetermined work rate, and to reduce their effect on health
  
• adapt to technical progress
  
• replace the dangerous by the non-dangerous or the less dangerous
  
• develop a coherent prevention policy covering technology, organisation of work, working conditions, social relationships and related factors
  
• give priority to where the greatest benefit can be achieved (eg treat risks affecting the whole workplace before individual measures)
  
• educate the workforce to understand what they need to do.

Provided they have agreed in writing to the election of others they will be exempt from duties under CDM (except for r5 - duty to co-operate with others, r10 - to provide pre-construction information, and r17 – to provide the CDM co-ordinator with information for the health and safety file).

every client shall take reasonable steps (and maintain and review them) to ensure that suitable arrangements have been made for managing the project (including the allocation of sufficient time and other resources) by all those covered by CDM (including the client).

The arrangements must ensure that:

• (sfarp) the construction work can be carried out safely and without risk to health;
  
• suitable welfare facilities are provided (sch2); and
  
• any structure designed for use as a workplace has been designed taking account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 (see summary sheet A13).

Pre-construction information means all the information in the client’s possession (or which is reasonably obtainable) including:

• any information about or affecting the site or the construction work
  
• any information concerning the proposed use of the structure as a workplace
  
• the minimum amount of time before construction starts which will be allowed to the contractors appointed by the client for planning and preparation, and
  
• any information in any health and safety file.

which is relevant to the person to whom the client provides it to ensure (sfarp) the health and safety of those

• engaged in the construction work
  
• liable to be affected by the way in which it is carried out
  
• who will use the structure as a workplace, and

to assist the person to whom it is provided to perform their duties under CDM and to determine the resources which they are to allocate to meet r9.

designers shall not start work on a project unless the client is aware of his duties under the regulations.

Every designer shall, in preparing or modifying a design for construction (sfarp, taking account of other relevant design considerations) avoid risks to health and safety of anybody

• carrying out construction work
  
• liable to be affected by such construction work
  
• cleaning any window or any transparent or translucent wall, ceiling or roof in or on a structure
  
• maintaining the permanent fixtures and fittings of a structure; or
  
• using a structure designed as a workplace.

Additional duties on designers to:

• eliminate hazards which may give risk to risks, and to reduce risks from any remaining hazards, giving collective measures priority over individual measures.
  
• when designing any structure for use as a workplace, take account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 (see summary sheet A13) which relate to the design of, and materials used in, the structure
  
• take all reasonable steps to provide with the design sufficient information about aspects of the design of the structure or its construction or maintenance to adequately assist clients, other designers and contractors to comply with their duties under CDM.

where a design is prepared or modified outside GB, the person who commissions it (if established in GB, or if not, any client for the project) shall ensure that the duties of designers (r11) are complied with.

Every contractor shall:

• plan, manage and monitor his construction work to ensure that (sfarp) it is carried out without risks to health and safety.
  
• ensure that any contractor whom he appoints or engages is informed of the minimum amount of time which will be allowed to him for planning and preparation before he begins construction work.
  
• provide every worker carrying out the construction work under his control, with any information and training which he needs for the particular work to be carried out safely and without risks to health, including:
  
  • suitable site induction, where not provided by a principal contractor
  • information on the risks to their health and safety (identified by risk assessments under MHSW 99 [see Summary Sheet A10] or arising from another contractor of which he ought to be aware)
  • the measures which the contractor has identified he needs to take as a result of the risk assessment to comply with health and safety law
  • any site rules
  • the procedures to be followed in the event of serious and imminent danger to such workers, and
  • the identity of those nominated to implement the procedures.

This does not affect the duty to provide health and safety training to employees under MHSW 99.

Contractors shall not work on a construction site unless reasonable steps have been taken to prevent unauthorised access.

Duty on contractors to comply (sfarp) with the welfare requirements (sch2).

the client shall appoint a ‘CDM co-ordinator’ to carry out the duties described in r20 and r21.

After appointing a CDM co-ordinator, the client shall appoint a Principal Contractor as soon as is practicable after the client knows enough about the project to be able to select a suitable person for such appointment, to carry out the duties described in r22 to r24.

The client shall ensure that there is a CDM co-ordinator and a Principal Contractor at all times until the end of the construction work. If one or either have not been appointed the roles and the legal duties will be attributed to the client. Appointments are to be in writing.

the client shall provide the CDM co-ordinator with pre-construction information consisting of:

• all the information described in, and provided to comply with, r10 (information).
• any further information in the client’s possession, or reasonably obtainable, which is relevant to the CDM co-ordinator, including the minimum amount of time before the construction starts which will be allowed to the Principal Contractor for planning and preparing the construction work.

• the PC has prepared a construction phase plan which complies with r23, and
  
• he is satisfied that the requirements of r22 (provision of welfare facilities) will be complied with during the construction phase.

Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information, the client shall ensure that the information relating to each site or structure can be easily identified.

The client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file

• is kept available for inspection by any person who may need it to comply with the law, and
  
• is revised as often as may be appropriate to incorporate any new information including that specified in the asbestos regulations (r4 Control of Asbestos Regulations 2006, see Summary Sheet A5).

If a client disposes his entire interest in the structure he should deliver the health and safety file to the person who acquires the interest and ensure that he is aware of the nature and purpose of the file.

The designer shall take all reasonable steps to provide sufficient information about aspects of the design of the structure, or its construction or maintenance, as will adequately assist the CDM co-ordinator to comply with CDM, including with regards to the health and safety file.

• they have been provided with the names of the CDM co-ordinator and PC
  
• they have been given access to the part of the construction phase plan which is relevant to them and contains sufficient detail regarding their work
  
• the HSE has been notified under r21

Every contractor shall:

• promptly provide the PC with any information (including any relevant part of any risk assessment in his possession or control) which
  • might affect the health or safety of anyone carrying out the construction work or anyone who may be affected by it
  • might justify a review of the construction phase plan, or
  • which has been identified for inclusion in the health and safety file in pursuance of r22

• promptly identify any contractor whom he appoints or engages to the PC
  
• comply with
  • any directions of the PC given to him under r22(duties), and
  • any site rules
• promptly provide the PC with the information in relation to any death, injury, condition or dangerous occurrence which the contractor is required to notify or report under RIDDOR 95.

Every contractor shall:

• in complying with his duties (r13), take all reasonable steps to ensure that the construction work is carried out according to the construction phase plan
  
• take appropriate action to ensure health and safety, where it is not possible to comply with the construction phase plan in any particular case, and
  
• notify the PC of any significant finding which requires the construction phase plan to be altered or added to.

• give suitable and sufficient advice and assistance to the client on undertaking the measures he needs to take to comply with CDM during the project (see clients duties under r9 and r16)
  
• ensure that suitable arrangements are made and implemented for the co-ordination of health and safety measures during planning and preparation for the construction phase, including facilitating—
  • co-operation and co-ordination between persons concerned in the project (r5 and r6), and
  • the application of the general principles of prevention (r7); and
    
• liaise with the PC regarding
  • the contents of the health and safety file,
  • the information which the PC needs to prepare the construction phase plan, and
  • any design development which may affect planning and management of the construction work.

Without prejudice to paragraph (1) the CDM co-ordinator shall—

• take all reasonable steps to identify and collect the pre-construction information;
  
• promptly provide in a convenient form to—
  • every person designing the structure, and
  • every contractor who has been or may be appointed by the client (including the PC

such of the pre-construction information in his possession as is relevant to each

• take all reasonable steps to ensure that designers comply with their duties under r11 and r18
  
• take all reasonable steps to ensure co-operation between designers and the PC during the construction phase in relation to any design or change to a design
  
• prepare, where none exists, and otherwise review and update a record ("the health and safety file") containing information relating to the project which is likely to be needed during any subsequent construction work to ensure health and safety, including that required by r17,r18 and r22 in relation to duties on clients, designers and PCs); and
  
• at the end of the construction phase, pass the health and safety file to the client.

Notification of project by the CDM co-ordinator (r21

the CDM co-ordinator shall as soon as is practicable after his appointment ensure that the HSE are notified of the details in Schedule 1, as are available.

If some details have not been sent because a PC has not yet been appointed, the HSE must be notified HSE HSEas soon as practicable after the appointment of the PC, and before the start of the construction work.

The notice to HSE must be signed by or on behalf of the client or, if sent electronically, show that he has approved it.

Notification applies equally to the Office of Rail Regulation if they are the enforcing authority.

Duties of the principal contractor(r22)

the PC for a project shall—

• plan, manage and monitor the construction phase to ensure (sfarp) that it is carried out without risks to health or safety, including facilitating—
  • co-operation and co-ordination between persons concerned in the project (r5,r6); and
  • the application of the general principles of prevention (r7);
    
• liaise with the CDM co-ordinator (r20) during the construction phase in relation to any design or change to a design
  
• ensure that sufficient welfare facilities are provided (sch2) throughout the construction phase
  
• where necessary for health and safety, draw up appropriate ‘site rules’
  
• give reasonable directions to any contractor to enable the PC to comply with CDM
  
• ensure that every contractor is informed of the minimum amount of time which will be allowed to him for planning and preparation before he begins construction work
  
• where necessary, consult a contractor before finalising such part of the construction phase plan relevant to his work
  
• ensure that every contractor is given, before he begins construction work and in time for him to prepare properly, access to the part of the construction phase plan relevant to his work, and such further information as he needs-
  • to comply punctually with the duty to provide welfare facilities (r13) and
  • to carry out his work without risk (sfarp), to health and safety,
• let every contractor know what information relating to their work will be required by the CDM co-ordinator for the health and safety file (r20) and ensure that it is provided to the CDM co-ordinator promptly
• ensure that the details required to be notified to HSE (r21) are displayed in a readable condition, where they can be read by any construction worker, and
• take reasonable steps to prevent access by unauthorised persons to the construction site.
• The PC shall take all reasonable steps to ensure that every worker carrying out the construction work is provided with-
• a suitable site induction
• the information and training provided by a contractor (r13), and
• any further information and training which he needs for the particular work to be carried out without undue risk to health or safety.

The principal contractor's duty in relation to the construction phase plan(r23)

the PC shall-

• before the start of the construction phase, prepare (and as often as appropriate review, revise and refine) a construction phase plan sufficient to ensure that it is planned, managed and monitored and enables the construction work to be started and carried out (sfarp) without risk to health or safety, having regard to the information provided by the designer (r11 and r18) and the pre-construction information (r20)
  
• arrange for the construction phase plan to be implemented in a way which will ensure (sfarp) the health and safety of all persons carrying out the construction work and all who may be affected by the work.

The PC shall take all reasonable steps to ensure that the construction phase plan identifies the risks to health and safety arising from the construction work (including the risks specific to the particular type of construction work concerned) and includes suitable and sufficient measures to address such risks, including any site rules

The principal contractor's duty in relation to co-operation and consultation with workers(r24)

the PC shall-

• make and maintain arrangements which will enable him and the workers engaged in the construction work to co-operate effectively in promoting and developing measures to ensure the health, safety and welfare of the workers and in checking the effectiveness of such measures
• consult those workers or their representatives in good time on matters connected with the project which may affect their health, safety or welfare, so far as they or their representatives are not so consulted on those matters by any employer of theirs
• ensure that such workers or their representatives can inspect and take copies of any information which the PC has, or which CDM requires to be provided to him, which relates to the planning and management of the project, or which otherwise may affect their health, safety or welfare at the site, except any information-
  • the disclosure of which would be against the interests of national security
  • which he could not disclose without contravening a prohibition imposed by or under an enactment
  • relating specifically to an individual, unless he has consented to its being disclosed
  • the disclosure of which would, for reasons other than its effect on health, safety or welfare at work, cause substantial injury to his undertaking or, where the information was supplied to him by some other person, to the undertaking of that other person, or
  • obtained by him for the purpose of bringing, prosecuting or defending any legal proceedings.

Application (r26 to r44)

• Safe places of work(r26)
• Good order and site security(r27)
• Stability of structures(r28)
• Demolition or dismantling(r29)
• Explosives(r30)
• Excavations(r31)
• Cofferdams and caissons(r32)
• Reports of inspections(r33)
• Energy distribution installations(r34)
• Prevention of drowning(r35)
• Traffic routes(r36)
• Vehicles(r37)
• Prevention of risk from fire etc.(r38)
• Emergency procedures(r39)
• Emergency routes and exits(r40)
• Fire detection and fire-fighting(r41)
• Fresh air(r42)
• Temperature and weather protection(r43)
• Lighting(r44)

• Date of forwarding
• Exact address of the construction site
• The name of the local authority where the site is located
• A brief description of the project and the construction work which it includes
• Contact details of the client, the CDM co-ordinator and the PC (name, address, telephone number and any email address)
• Dates planned for the start of the construction phase
• The time allowed by the client to the PC (r15) for planning, and preparation for construction work
• Planned duration of the construction phase
• Estimated maximum number of people at work on the construction site
• Planned number of contractors on the construction site
• Name and address of any contractor already appointed
• Name and address of any designer already engaged
• A declaration signed by or on behalf of the client that he is aware of his duties under CDM

• Sanitary conveniences
• Washing facilities
• Drinking water
• Changing rooms and lockers
• Facilities for rest

Sch3(Part 4, r33): Particulars to be included in a report of inspection

The Construction (Design and Management) Regulations 2007 (SI 320)

see HSE’s ‘L’ and ‘HS(G)’ series including the following selection of key HSE references, all available from HSE Books.

L144 Managing health and safety in construction
(ISBN 978 0 7176 6223 4) 2007