CDM 2015 – TRANSITIONAL ARRANGEMENTS COMING TO AN END

As the end of the transitional arrangements period under CDM 2015 (6 April 2015 – 5 Oct 2015) draws nearer, we have been asked the following question by some involved with projects that spanned 6 April where a CDM co-ordinator was appointed before that date and has continued to have an effect through the transitional arrangements period:

Q. If our project runs beyond 5 Oct 2015, must a principal designer be appointed, or can we continue with the services of the CDM co-ordinator until the end of the project?

A. The law requires that CDM co-ordinator appointments must come to an end by 6 Oct and a principal designer must be appointed in writing by that date, even if the project only has a matter of weeks to run before it reaches completion after that date. The law also states that if a client fails to appoint a principal designer, then the client automatically assumes the principal designer role. If a project runs beyond 5 Oct but is near to completion and the client believes that all design work has ended, then they may decide not to appoint a third party as principal designer and assume the role themselves, in the knowledge that they would have very little, if anything at all, to do. This is a pragmatic solution to what is likely to be a common occurrence.

However, if there is still ongoing design work, then a principal designer must be appointed, whether that be a third party or a role assumed by the client. As at any other time, the principal designer must have the required skills, knowledge and experience to take on and fulfil the role.

It should be noted that it is not a requirement for CDM co-ordinators who were in post on 6 April to continue right up to 5 Oct (a principal designer could, of course, have been appointed any time during the transitional period) and the Regulations and HSE’s legal series guidance (L153) have been available since January 2015, to allow the industry to plan for the changes, including the transitional arrangements.

The following guidance on CDM 2015 is available:

L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations

INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)

Construction Phase Plan for small projects (CDM 2015) – CIS80

Industry guidance for dutyholders

CITB CDM wizard app for a construction phase plan