CDM Regulations 2015 Explained

Contents Preface ix
About the author xi
Table of cases xiii
Table of UK statutes xv
Table of statutory instruments xvii
Abbreviations xix
1 Introduction 1
Have the CDM Regulations improved the health
and safety record? 1
The origin and evolution of the CDM Regulations 2
2 Framework of health and safety law 7
Introduction 7
Common law 7
UK legislation 9
European health and safety initiative 11
3 An overview of the Regulations 13
Introduction 13
Application of the Regulations 14
Notification 17
Duty holders 19
Construction phase plan 21
Health and safety file 21
Revocations and amendments 22
Periodic review of the Regulations 22
Published guidance 22
4 General duties and principles 23
Introduction 23
Appointing a contractor 23
Cooperation 25
Duty to warn 25
Prevention 26
Communication and documentation 28
5 Provisions for the welfare of workers 31
Introduction 31
Duties 31
Sanitary conveniences 33
Washing facilities 34
Drinking water 35
Changing rooms and lockers 36
Facilities for rest 36
First aid 37
Concluding remarks 37
6 Consideration for hazardous operations 39
Introduction 39
Duties relating to health and safety on
construction sites 39
Safe places of construction work 40
Site movement 42
Site environment 49
Construction of structures 52
Specific hazards 59
7 Suitable, sufficient and competent 65
Introduction 65
The test of suitability and competence 65
Competence for individuals 66
8 The client 69
Introduction 69
Client types 70
Agreement between clients 74
General duties 75
Duty to make appointments 79
9 The principal designer 85
Introduction 85
Definition 86
Appointment of the principal designer 86
Who can be the principal designer? 88
Duties of the principal designer 91
10 The designer 101
Who is a designer? 101
What is design? 101
Selecting a designer 104
The client as designer 105
A contractor as designer 105
Duties of designers 105
Designs prepared or modified outside of
Great Britain 113
11 The principal contractor 115
Introduction 115
Definition 115
Selecting a principal contractor 116
Duties of the principal contractor 118
Consultation and engagement with workers 125
Powers of the principal contractor 128
12 The contractor 131
Definition 131
Selecting a contractor 131
Duties of contractors 132
13 The construction phase plan 143
Definition 143
Background 143
The duty to prepare and monitor the
Construction phase plan 144
The client’s involvement in the construction
phase plan 146
Content within a construction phase plan 147
Checklist of matters for inclusion in a
Construction phase plan 148
14 The health and safety file 151
Definition 151
What information should be included in a
health and safety file? 151
Who takes responsibility for the health and
safety file? 153
What happens to the health and safety file on
completion of the construction work? 155
15 Contract documentation 157
Introduction 157
Clients and agreement 157
The professional appointments – duty of care 158
Terms of engagement of the principal designer 159
Terms of engagement of designers 160
Contractors’ tender documentation 161
Construction contracts 161
16 Criminal and civil liability and enforcement 163
Health and safety and the public debate 163
Enforcement 164
Criminal proceedings 166
Civil liability 169
17 Transitional and saving provisions 171
Introduction 171
Projects with no existing CDM coordinator or
principal contractor 171
Project with an existing CDM coordinator 173
Projects with only one contractor 175
Bibliography 177
Appendix 1 The ‘have you done’ checklists 181
Appendix 2 Construction (Design and Management)
Regulations 2015 197
Appendix 3 Temporary or Mobile Construction Sites
Directive 231
Appendix 4 Pre-construction information 259
Appendix 5 Health and Safety (Enforcing Authority)
Regulations 1998 263
Index 265