CDM 2015 explained: who does what

Client

Who this is. Anyone for whom a project is carried out. HSE calls a client who has the work done as part of a business a commercial client; client duties apply in full to commercial clients. [reg 2(1); HSE]

Main duties

• Make suitable arrangements for managing the project, including allocating sufficient time and other resources. [reg 4(1)]
• The arrangements must make sure, so far as is reasonably practicable, that the work can be done without risks to anyone’s health or safety, and that the Schedule 2 welfare facilities are provided for everyone doing construction work. [reg 4(2)]
• Make sure the arrangements are maintained and reviewed throughout the project. [reg 4(3)]
• Where there is more than one contractor, or it is reasonably foreseeable that there will be, appoint a principal designer and a principal contractor in writing, as soon as is practicable and before the construction phase begins. [reg 5(1); reg 5(2)]
• If you don’t appoint a principal designer or principal contractor, you must carry out those duties yourself. [reg 5(3); reg 5(4)]
• Take reasonable steps to make sure any designer or contractor you appoint has the skills, knowledge and experience (and, for an organisation, the organisational capability) to do the job safely. [reg 8(1); reg 8(3)]
• Give pre-construction information, as soon as is practicable, to every designer and contractor you have appointed or are considering. [reg 4(4)]
• Make sure a construction phase plan is drawn up before the construction phase begins: by the contractor if there is only one, or by the principal contractor. [reg 4(5)(a)]
• Make sure the principal designer prepares a health and safety file, that it is revised as appropriate, and that it is kept available for anyone who may need it. [reg 4(5)(b)]
• Take reasonable steps to make sure the principal designer and principal contractor carry out their duties. [reg 4(6)]
• If the project is notifiable, give notice in writing to HSE as soon as is practicable before the construction phase begins. [reg 6(2)]
• Make sure a copy of the notification is displayed in the construction site office. [HSE]
• If you dispose of your interest in the structure, pass the health and safety file to the person who acquires it and make sure they know what it is for. [reg 4(7)]

Domestic client

Who this is. A client for whom a project is carried out that is not in the course or furtherance of a business of that client. HSE describes this as someone having construction work done on their own or a family member’s home, other than as part of a business. [reg 2(1); HSE]

What CDM means for a domestic client

• CDM 2015 applies to domestic projects, but the domestic client’s duties are carried out by someone else: the contractor, where there is only one contractor; the principal contractor, where there is more than one; or the principal designer, where there is a written agreement that the principal designer will carry them out. [reg 7(1); HSE]
• If more than one contractor is involved and you don’t appoint a principal designer or principal contractor, the designer in control of the design stage and the builder in control of the building work take on those roles automatically. [reg 7(2)]

If the householder carries out the work themselves, HSE classes it as DIY and CDM 2015 does not apply. [HSE]

HSE says that for a contractor on a single-contractor domestic job, taking on the client duties should involve little more than the contractor would normally do to manage health and safety. [HSE]

Principal designer

Who this is. The designer appointed by the client, where there is, or will foreseeably be, more than one contractor, to control the pre-construction phase. [reg 5(1); HSE]

Main duties

• Plan, manage and monitor the pre-construction phase, and coordinate health and safety during it, so that the project is carried out without risks to health or safety, so far as is reasonably practicable. [reg 11(1)]
• Identify and eliminate or control, so far as is reasonably practicable, foreseeable risks to anyone carrying out or affected by the construction work, maintaining or cleaning the structure, or using it as a workplace. [reg 11(3)]
• Make sure all designers comply with their duties. [reg 11(4)]
• Make sure everyone working on the pre-construction phase cooperates with the client, with you and with each other. [reg 11(5)]
• Help the client provide pre-construction information, and provide it, so far as within your control, to every designer and contractor appointed or being considered. [reg 11(6)]
• Liaise with the principal contractor for the duration of your appointment, and share information relevant to the construction phase. [reg 11(7)]
• Help the principal contractor prepare the construction phase plan by providing the information you hold that is relevant to it. [reg 12(3)]
• Prepare the health and safety file during the pre-construction phase, keep it up to date, and pass it to the client at the end of the project (or to the principal contractor if your appointment ends first). [reg 12(5); reg 12(6); reg 12(8); reg 12(10)]
• Only accept the appointment if you have the skills, knowledge and experience (and, for an organisation, the organisational capability) to fulfil the role. [reg 8(1); reg 8(2)]

On a homeowner’s project, if no principal designer is appointed, the designer in control of the pre-construction phase is the principal designer. You can agree in writing to take on the homeowner’s client duties. [reg 7(1)(c); reg 7(2)(a)]

In England, the Building Regulations have a separate principal designer role with different duties. The same person can hold both if the client confirms it in writing. [Building Regulations 2010 reg 11D; GOV.UK]

Principal contractor

Who this is. The contractor appointed by the client, where there is, or will foreseeably be, more than one contractor, to control the construction phase. [reg 5(1); HSE]

Main duties

• Plan, manage and monitor the construction phase, and coordinate health and safety during it, so that construction work is done without risks to health or safety, so far as is reasonably practicable. [reg 13(1)]
• Draw up a construction phase plan during the pre-construction phase, before setting up the site, and keep it reviewed, updated and revised throughout the project. [reg 12(1); reg 12(4)]
• Organise cooperation between contractors and coordinate how they meet their health and safety duties. [reg 13(3)]
• Make sure a suitable site induction is provided, the necessary steps are taken to keep unauthorised people off site, and welfare facilities that meet Schedule 2 are provided throughout the construction phase. [reg 13(4); CDM 2015 Schedule 2]
• Liaise with the principal designer and share information relevant to the pre-construction phase. [reg 13(5)]
• Give the principal designer any information you hold that is relevant to the health and safety file. [reg 12(7)]
• Consult and engage with workers on their health, safety and welfare, and let them inspect and take copies of relevant information (with some exceptions). [reg 14]
• Only accept the appointment if you have the skills, knowledge and experience (and, for an organisation, the organisational capability) to fulfil the role, and take reasonable steps to check anyone you appoint has them too. [reg 8(1); reg 8(2); reg 8(3)]

On a homeowner’s project, you normally take on the client’s duties as well as your own, unless the homeowner has agreed in writing that the principal designer will. If the homeowner doesn’t appoint a principal contractor, the contractor in control of the construction phase is the principal contractor. [reg 7(1)(b); reg 7(2)(b); HSE]

In England, the Building Regulations have a separate principal contractor role with different duties. The same person can hold both if the client confirms it in writing. [Building Regulations 2010 reg 11D; GOV.UK]

Contractor

Who this is. Anyone who carries out, manages or controls construction work as part of a business. HSE says this includes sub-contractors and self-employed workers. [reg 2(1); HSE]

Main duties

• Don’t carry out construction work unless satisfied the client is aware of their duties under CDM 2015. [reg 15(1)]
• Plan, manage and monitor the work you and your workers carry out so that, so far as is reasonably practicable, it is done without risks to health and safety. [reg 15(2)]
• Where there is more than one contractor, follow the directions of the principal designer or principal contractor and the parts of the construction phase plan relevant to your work. [reg 15(3)]
• Where you are the only contractor, draw up a construction phase plan as soon as is practicable before setting up the site. [reg 15(5)]
• Don’t employ or appoint anyone to work on site unless they have, or are getting, the skills, knowledge, training and experience for the task. [reg 15(7)]
• Give each worker appropriate supervision, instructions and information, including a suitable site induction (where the principal contractor hasn’t provided one), the procedures for serious and imminent danger, and information on the risks. [reg 15(8); reg 15(9)]
• Don’t begin work on site unless reasonable steps have been taken to prevent unauthorised access. [reg 15(10)]
• Make sure, so far as is reasonably practicable, that the Schedule 2 welfare requirements are met for yourself and your workers. [reg 15(11); CDM 2015 Schedule 2]
• Only accept an appointment if you have the skills, knowledge and experience (and, for an organisation, the organisational capability) to fulfil the role. [reg 8(1); reg 8(2)]

If you are the only contractor working for a homeowner (domestic client), you also take on the client’s duties. HSE says this should involve little more than you would normally do to manage health and safety. [reg 7(1)(a); HSE]

Designer

Who this is. Anyone who, in the course or furtherance of a business, prepares or modifies a design, or arranges for or instructs someone under their control to do so. HSE says this can include architects, engineers, quantity surveyors, contractors, tradespeople and commercial clients who get involved in design. [reg 2(1); HSE]

Main duties

• Don’t start work on a project unless satisfied the client is aware of their duties under CDM 2015. [reg 9(1)]
• When you prepare or change a design, use the general principles of prevention and any pre-construction information to remove foreseeable risks, so far as is reasonably practicable, to anyone building, maintaining or cleaning the structure, or using it as a workplace. [reg 9(2)]
• Where risks can’t be eliminated, reduce or control them through the design, tell the principal designer about them, and make sure appropriate information goes in the health and safety file. [reg 9(3)]
• Provide enough information with the design to help the client, other designers and contractors meet their duties. [reg 9(4)]
• Only accept an appointment if you have the skills, knowledge and experience (and, for an organisation, the organisational capability) to fulfil the role. [reg 8(1); reg 8(2)]

Worker

Who this is. Anyone working for, or under the control of, a contractor on a construction site. [HSE]

What you must do

• Report anything you are aware of that is likely to endanger your own health or safety, or that of others, to the person controlling your work. [reg 8(5)]
• Only carry out construction work if you have the skills, knowledge, training and experience, or are given the training and supervision to do it safely. [HSE]
• Make yourself aware of the health and safety risks on each site and how they are managed, and always follow site rules and procedures. [HSE]
• Cooperate with the contractor in control of your work, the principal contractor and other dutyholders. [HSE; HSE]
• Take reasonable care of your own health and safety and of others who may be affected by what you do, or fail to do, at work. For employees this is a legal duty under section 7 of the Health and Safety at Work etc. Act 1974. [HSWA s7; HSE]

You must be consulted on matters that may affect your health, safety or welfare, and given a site induction and information on the risks. [reg 14; reg 15(9); HSE]

Items marked [HSE] come from HSE’s guidance for workers. “HSWA s7” is section 7 of the Health and Safety at Work etc. Act 1974.