Prepare for a shift in power. Under 2005’s CDM revisions, clients and designers will bear the burden

The much-maligned CDM regulations 1994, together with the Construction (Health Safety and Welfare) Regulations 1996, are set to be replaced by new regulations: The Construction (Design and Management) Regulations 2005.

Arguably the most significant change is to place the current CDM planning supervisor’s duties on the client. The logic behind this move is to overcome the perceived problems leading from the late appointment of a planning supervisor and his lack of power. However, there can be many parties involved in a project and to ensure health and safety, there still needs to be someone who pulls the threads together. In the new regulations, the health and safety co-ordinator is charged with doing particular tasks for the client, who is the duty holder.

Designers’ duties under the new regulations are more clearly defined. In summary they are:

• Not to commence work on an applicable project unless the client is aware of his duties under the regulations, a co-ordinator has been appointed, and – where the project is notifiable - notice has been given to the HSE.
• In preparing a design, take account of risk to those carrying out construction work, those likely to be affected by the construction work, those maintaining, cleaning and those using the structure.
• Eliminate hazards giving rise to risks, reduce risks from hazards which are not eliminated and give priority to collective measures over individual measures.
• Perform duties as far as is reasonably practicable, taking account of other relevant design considerations.
• Provide adequate information with the design.

Since there is no planning supervisor under the new regs, and the health and safety co-ordinator is essentially assisting the client with their duties, the onus will be on architects and other designers to demonstrate clearly in their production information that they have ‘adequately discharged’ their duties.

The logic behind this is to overcome the lack of power of the planning supervisor

David Cowles

This becomes even more important, as under the proposed new regulations there is no mention of a design stage or pre-tender health and safety plan.

No doubt a protocol for designers’ attention to their duties and the provision of information will evolve although this is likely, at least initially, to follow the guidance provided by the existing ACOP (HSG 224) and simply agreed between the co-ordinator and the design team. It is not yet clear if a new or amended Approved Code of Practice in envisaged.

There are a number of other changes. One of the most welcome is intended to remove the common confusion between application and notification. Under the new regulations, the trigger for formal appointment, documents and reports will only apply to notifiable projects or projects on which more than one contractor will be present on site. The designer’s obligations remain as before and always apply.