CDM Regulations – does it apply to all organisations?

The Construction (Design and Management) Regulations 2015, also known as the CDM Regulations, came into force on 6th April 2015. Its main purpose is to protect the health, safety and welfare of people involved in construction work. The scope of the CDM can prove problematic for organisations, which sometimes struggle with the exact interpretation of the term ‘construction work’ and whether CDM applies to them.

This short article aims to clarify a number of key terms and to enable organisations to better understand how CDM applies to their activities, as it will apply for the vast majority of organisations.

It’s common to think of CDM and construction as applying to new building projects, but it equally applies to maintenance, renovations, repairs and demolition works, as well as works involving fixed services.
Application
CDM applies to all construction work, no matter how large or small, how short or long in duration, or whether the work is commercial or domestic (N.B. domestic DIY projects are exempt from CDM, however significant work may require building control approval).

The regulations refer to ‘construction projects’ and its often asked whether short duration construction tasks should be viewed as a ‘project’. The simple answer is yes, any construction works are considered projects, regardless of duration and complexity, including:

• the alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, de-commissioning, demolition or dismantling of structures;
• the preparation for an intended structure, such as site clearance, exploration and investigation;
• the assembling or dissembling of prefabricated elements to form a structure;
• the removal of structures, or of any product or waste resulting from their removal or dissembling; and
• the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure.

Construction work encompasses a wide range of tasks related to building and structural engineering, including the creation, modification, and maintenance of structures. The list of structures goes beyond buildings and includes docks, pipelines, cables, river works and masts, as well as any other structure similar to those listed in regulation 2.
CDM duty holders and project phases
Under CDM, a number of roles are established:

• Client – any person a project is carried out for. Key duties of a client are to ensure appropriate resources and facilities are made available for a project, notify the HSE where a project is notifiable, and that wider competent duty holders are appointed and fulfil their responsibilities. For domestic clients their duties are normally fulfilled by the wider duty holders.
• Designer / Principal Designer – any person (including a client, contractor or other person referred to in these Regulations) who prepares or modifies a construction design. Designers are primarily responsible for the design and pre-construction phases of a project, ensuring that the general principles of prevention are included within designs and preparing a health and safety plan.
• Contractor / Principal Contractor – any person (including a non-domestic client) who, in the course or furtherance of a business, carries out, manages or controls construction Contractors are primarily responsible for the pre-construction and construction phases of a project developing a construction phase plan and managing construction work so that it is completed safely.

N.B. When a project involves more than 1 contractor, a principal designer (PD) and principal contractor (PC) must be appointed. One organisation may fulfil multiple roles under CDM, for example, a building company may be both the designer and contractor for the project.

A summary of the key duties of duty holders and general requirements for all construction sites can be found in The Construction (Design and Management) Regulations 2015 on the Legislation Update Service.
Key points to remember

• Construction is not just the erection of buildings, construction work and CDM applies to pretty much every organisation through maintenance and redecoration etc.
• CDM applies to all construction work (including demolition), except for domestic DIY.
• A client, designer and contractor might be the same organisation or person (this is common for organisations who do their own repairs and maintenance to buildings).
• Providing general H&S is already well managed already within your organisation, fulfilling CDM duties when carrying out maintenance and repairs does not need to be complex.

Given the wide-reaching scope of CDM, it applies to virtually every organisation even if only through client duties.

If you’re a LUS subscriber and have any questions on how to ensure you fulfil your duties under CDM you can submit a Helpline on LUS for support.
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