Feel secure about meeting your Health and Safety (CDM) obligations
New Regulations came into effect on the 6 April 2015. The guidance notes from the HSE were not published until 12 April 2015. It will likely be several months before a full understanding of the instigated changes to the regulations can be completed.
In 1996 the European Union required each Member State to introduce Legislation to reduce the number of injuries and fatalities within the building industry which has one of the highest accident records. The British Government previously introduced Construction Design & Management Regulations on two occasions and this has recently been reviewed and significantly revised.
The new Construction Design and Management Regulations 2015 require the appointment of a Principal Designer who is suitably qualified as a Health & Safety Expert (formerly a CDM-C) to advise the client regarding the Health & Safety of a project which now includes domestic building works.
In most circumstances, if the client does not appoint a Principal Designer, the responsibility and liability falls onto the architect by default. However, the architect may elect to appoint suitably qualified and experienced Health & Safety Experts to undertake this role.
Nicholas Lewis qualified as a CDM-C taking an examination set by the Association of Project Safety the organisation of Health & Safety professional within the building industry and is fully qualified to undertake this appointment on behalf of both client and architect.
Click here if you are an architect
The 2015 Regulations have introduced a number of new titles including Principal Designer as the person who has the responsibility for producing the Pre Contract Information and starting the Health & Safety File.
The Regulations require the domestic client to appoint a Principal Designer and a Principal Contractor.
If the domestic client does not appoint a PD, the designer who has completed the drawings becomes the PD by default. If the designer does not have the skill, knowledge and experience to act as the PD he should not accept the appointment.
If the domestic client does not appoint a PC, the contractor will become the PC and have the responsibility of producing the Construction Phase Plan.
How can N J Lewis & Associates Ltd help?
We have the skill, knowledge and experience to fulfil the role of Principal Designer and take the liability away from you. The managing director Nicholas Lewis is a member of the Association of Project Safety having qualified as a Planning Supervisor under CDM 1996 and as a CDM-C under CDM 2007.
On all construction projects, the client has a duty to appoint a Principal Designer for Health & Safety.
On payment of a fixed fee N J Lewis will confirm our appointment as the Principal Designer (Health & Safety) fulfilling the obligation of the domestic client under CDM 2015 and ensuring that there is no appointment by default.
On receipt of the Building Regulations drawings and a completed questionnaire by the client and the designer, N J Lewis will prepare the Pre contract Information and start the Health & Safety File as required by the Regulations and provide three copies of the Pre Contract Information: –
1. To the Designer
To confirm that the duties of the Principal Designer were completed and therefore there was no liability for the role to default.
2. To the Client
To confirm that the duties of the Principal Designer were completed in compliance with his obligations.
3. To the Contractor
To use as the basis for the Construction Phase Plan.
The Health & Safety File will be commenced by N J Lewis & Associates Ltd and will include the drawings and the Pre Contract Information together with the questionnaire completed by the client and the designer. A second copy of this will be handed to the contractor to complete at the end of the construction phase as required by the CDM Regulations.