CDM 2015 FAQs
“Does my client have to appoint the lead designer as Principal Designer?”
Not necessarily. It is clearly preferable for the lead designer to also coordinate the health and safety aspects of the project however what is more important is for the Principal Designer organisation to have relevant and sufficient health and safety skills, knowledge and experience to undertake the role for the particular project.
Not necessarily. It is clearly preferable for the lead designer to also coordinate the health and safety aspects of the project however what is more important is for the Principal Designer organisation to have relevant and sufficient health and safety skills, knowledge and experience to undertake the role for the particular project.
“What sort of ‘assistance’ should the client expect from the Principal Designer?”
The Principal Designer has a duty to assist the client with the preparation of pre-construction information however on commercial projects it is the client's duty to provide this health and safety information for the project to their appointed designers and contractors.
The Principal Designer has a duty to assist the client with the preparation of pre-construction information however on commercial projects it is the client's duty to provide this health and safety information for the project to their appointed designers and contractors.
“How strict is the Principal Designer duty to ensure designers comply with the regulations?”
The Principal Designer has a duty to ensure designers comply with their duties 'as far as is reasonably practicable'. This means that they should make suitable enquiries about the designers' CDM performance but they should not necessarily be held liable for failures by other designers provided that the PD has made reasonable attempts to ensure they have complied.
The Principal Designer has a duty to ensure designers comply with their duties 'as far as is reasonably practicable'. This means that they should make suitable enquiries about the designers' CDM performance but they should not necessarily be held liable for failures by other designers provided that the PD has made reasonable attempts to ensure they have complied.
“What if my client insists on me being the Principal Designer?”
It is the client's duty to ensure that the person or organisation has sufficient skills, knowledge and experience to act as PD before they appoint them. Equally a designer should not take on the PD appointment unless they have sufficient skills, knowledge and experience. The appointment of the PD must be made in writing.
It is the client's duty to ensure that the person or organisation has sufficient skills, knowledge and experience to act as PD before they appoint them. Equally a designer should not take on the PD appointment unless they have sufficient skills, knowledge and experience. The appointment of the PD must be made in writing.
"My client says they are going to act as Principal Designer. Is this allowed?"
Any person or organisation can undertake the Principal Designer role provided that they are a Designer or, in the furtherance of a business, arranges for, or instructs, any person under their control to do so.
Clients should not take on the role of PD if they do not possess the necessary health and safety skills, knowledge and experience to discharge the duties effectively.
Any person or organisation can undertake the Principal Designer role provided that they are a Designer or, in the furtherance of a business, arranges for, or instructs, any person under their control to do so.
Clients should not take on the role of PD if they do not possess the necessary health and safety skills, knowledge and experience to discharge the duties effectively.
"I am designing and constructing a home for myself - a self build project. How do the regulations apply to me?"
If the self builder does it all him/herself, employs no contractors, and uses the structure constructed as a home to live in afterwards. This will be a DIY project and CDM2015 will not apply because no-one involved is 'at work' in the meaning of the Health and Safety at Work etc Act 1974.
Further information on how the CDM2015 Regulations apply to different self-build scenarios can be found on the Self-Build Portal.
If the self builder does it all him/herself, employs no contractors, and uses the structure constructed as a home to live in afterwards. This will be a DIY project and CDM2015 will not apply because no-one involved is 'at work' in the meaning of the Health and Safety at Work etc Act 1974.
Further information on how the CDM2015 Regulations apply to different self-build scenarios can be found on the Self-Build Portal.
"I am wanting to appoint a series of contractors to help me build my home."
If the self build client acts as their own project manager, employing individual trades at different times, in this instance, the self build client is taking control of the construction work. Where a domestic client controls the way in which construction work is carried out by a person at work, under Regulation 16 of CDM2015, they must comply with all the matters outlined in Part 4 of CDM 2015.
If the self build client acts as their own project manager, employing individual trades at different times, in this instance, the self build client is taking control of the construction work. Where a domestic client controls the way in which construction work is carried out by a person at work, under Regulation 16 of CDM2015, they must comply with all the matters outlined in Part 4 of CDM 2015.
"I have been novated across to be a Designer for the Design & Build Principal Contractor. Can I still be the Principal Designer?"
There are a number of items to consider here:
The ideal appointment as PD would be the Design & Build Contractor, who has been appointed to coordinate the "Design" of the project and, by virtue of the fact that they have contracted to both Design and Build the project, presumably therefore have the necessary SKE to fulfil the PD role.
Things to avoid:
There are a number of items to consider here:
- The Principal Designer must be a direct appointment with the Client.
- Who is best placed to undertake the planning, managing and monitoring of pre-construction health and safety?
- Who is best placed to coordinate the design and the health and safety issues within the design?
- Who has sufficient Skills, Knowledge and Experience (SKE) to discharge the Principal Designer role for the project?
- The Principal Designer MUST be a Designer or be someone who has appointed designers to prepare or modify a design, under their control.
The ideal appointment as PD would be the Design & Build Contractor, who has been appointed to coordinate the "Design" of the project and, by virtue of the fact that they have contracted to both Design and Build the project, presumably therefore have the necessary SKE to fulfil the PD role.
Things to avoid:
- Having both an appointment as PD with the Client and another appointment with a D&B Contractor as Designer. This could present a conflict of interest.
"Can the Client be the Principal Designer?"
The client should only take on the PD role if they have the necessary SKE to discharge the role, including coordinating the design, and the technical knowledge of the design process for that project. It is perfectly acceptable for the Client to appoint a Client Adviser to assist them to discharge the PD role but it does not remove the legal liability of the Client as the appointed PD. Clients should be very careful about appointing an Adviser who is not a Designer as the fundamental purpose of the PD is to coordinate the health and safety aspects of the design process. This requires intimate knowledge and experience of the design process.
The client should only take on the PD role if they have the necessary SKE to discharge the role, including coordinating the design, and the technical knowledge of the design process for that project. It is perfectly acceptable for the Client to appoint a Client Adviser to assist them to discharge the PD role but it does not remove the legal liability of the Client as the appointed PD. Clients should be very careful about appointing an Adviser who is not a Designer as the fundamental purpose of the PD is to coordinate the health and safety aspects of the design process. This requires intimate knowledge and experience of the design process.
Further advice and guidance on CDM2015 can be obtained via the HSE Website.
