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.
Further advice and guidance on CDM2015 can be obtained via the HSE Website.