The for. Under the regulations, this information

The main
aim of the Construction (Design and
Management) Regulations 2015 (CDM 2015) is to promote a systematic approach
to the management of health and safety in construction. The two key elements of
the CDM regulations are (a) general duties for promotion of health and safety
underlying the CDM regulations, and (b) duties imposed by the CDM Regulations
on the Employer (client), Contractor, Designer and other key players in the
area of health and safety in the construction context.

 

Responsibilities of Employer, Designer and
Contractor

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The client
has a key role to play under the CDM regulations, the four key duties on client
are (a) make suitable arrangements (b) provide pre-construction information to
the principal Contractor and Designer (c) ensure completion of construction
phase plan and health and safety plan (d) taking reasonable steps to ensure
that the principal Designer and Contractor comply with their duties. The
regulations 4 and 5 of the CDM 2015 provide for two key obligations on clients,
namely duties in managing projects and for the appointment1 of the principal Designer
and principal Contractor. It is necessary to appoint relevant professionals at
the right time and allow them to cooperate and liaise with each other. The
arrangements need to continue and be ‘maintained and reviewed’ through the
course of the project. The appointment of right people is a key role of the
client and if no one is appointed to these roles, the client is obliged to
carry out their duties. The pre-construction information is that information
which the client ought to already have – drawings, site surveys and so on, and
which, if they don’t have it they ought to be looking for. Under the
regulations, this information ought to be passed to the principal Designer and
principal Contractor as the earliest.

 

The
principal Designer is any person, who prepares or instructs, any person under
his control to do so to prepare a design, which may include drawings, design
details, specification and bill of quantities to a structure, and calculations
prepared for the purpose of a design. The three main duties of the designer are
to (a) ensure client awareness (b) elimination of risk (c) providing design
information. He must take into account of the general principles of prevention
and pre-construction information in order to eliminate, so far as is reasonably
practicable the foreseeable risks to the health or safety of those people doing
the work. If the risks cannot be eliminated then the principal Designer needs
to reduce them or control them through the design process; provide information
of the risks to the Contractor and include appropriate information about the
risks in the health and safety file.

 

The
principal Contractor, is a person appointed to fulfill the duties of the
Contractor, the duties are set out in regulations 13 and 14. The regulation
13(1) provides that the principal Contractor must plan, manage and monitor the
construction phase and coordinate matters relating to health and safety during
the construction phase to ensure that, so far as is reasonably practicable,
construction work is carried out without risks to health or
safety.  The regulation 13(2) provides that the principal Contractor must
follow the general principles of prevention when meeting the general obligation
in 13(1) and in particular the design, technical and organizational work, in
terms of the sequencing of the work stages. The regulation 13(3) requires the
principal Contractor to manage the Contractors, and others, in a way which
ensures health and safety requirements are met. The principal Contractor is
obliged to bring in the right people to carry out the project and keep them
appropriately involved in things. The principal Contractor needs all the
stakeholders (sub-Contractors, specialist Contractors and suppliers) to
cooperate, engage and provide information of the risks. Under the CDM 2015, a
construction phase plan (or health & safety plan, CPHSP) is required for
every construction project. It is written by the Contractor and is given to the
Employer for review and approval. The plan should be proportionate to the size,
nature of work, and risks involved, workable (and developed as necessary) to
allow work to start on site regularly reviewed. The plan will ensure that the
principal Contractor has considered the multitude of potential hazards on the
site and built in appropriate measures to ensure safety.

 

Conclusion

 

In the UK,
a non-departmental government public body, the Health and Safety Executive
(HSE), operating under the Health and Safety Commission, has responsibility for
the enforcement of the Health and Safety
at Work etc. Act 1974 and CDM regulations made under that Act. The 1974 Act
creates a general duty on Employers to ensure, so far as reasonably
practicable, for the health, safety and welfare at work of employees. In the
event of a contravention to the 1974 Act (or CDM regulations), HSE inspectors
may serve an improvement or prohibition notice based on the nature of
contravention. The CDM 2015 regulation provides the perfect framework for the
control of health and safety in the construction industry.

 

The proper
compliance to CDM 2015 regulations will help ensure that the work is well
managed with fewer unexpected costs and problems. However, it is for the
Contractor to adopt and create necessary processes within their organization
and project which fit into the framework of the CDM 2015 regulation.

1 In this regard, under regulation 8(1) requires for the Employer to take reasonable steps to satisfy
themselves to ensure that the appointed person meets the requirements of the
project.

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