If you are planning to carry out construction works, or have asked contractors to quote for an upcoming project, you need to be aware of your responsibilities under the new Construction, (Design and Management) Regulations 2015 (CDM 2015).
The CDM 2015 places legal obligations on you (the client), as well as on the designers and contractors involved in a construction project, to ensure the Health and Safety (H&S) of anyone who may be affected as a consequence of the works.
What kind of a client are you?
A “domestic client” is defined as an individual having work done at their own home, provided it is not for a business purpose – such as coaching or for let. Domestic clients can transfer their duties to others. Guidance on CDM 2015 refers to other clients as “commercial clients” being an individual or organisation having work done for a business purpose.
The regulations themselves, however, only make reference to clients and domestic clients. So while it might be argued by some sports clubs and others that they are not operating as a business, it would be prudent to accept that the client’s duties will have to be fulfilled in these cases too.
CDM 2015 duties associated with the client role cannot be transferred to other duty holders. You can obtain guidance from those with the necessary knowledge and experience, but the legal duty remains with you.
How does this affect sports and play facilities?
If your sports club, school, parish council or any other form of client body is planning to carry out construction work to provide new or improved sports facilities at premises under your ownership or control, you have statutory duties as the client for that project. You’re not expected to manage or supervise the works, but you are best placed to ensure that only suitably qualified designers and contractors are appointed and that adequate time, finance and resources are allocated to the project to allow it to be completed safely.
What are these duties?
You must appoint a principal designer and a principal contractor – where more than one contractor is being employed – or a contractor for single contractor projects.
The appointments must be of a person or company with the necessary skills and knowledge to carry out the duties that go with these roles. Appointments should be made as early as possible, so health and safety considerations are part of the pre-construction, as well as construction phase.
You must also ensure the project team is adequately resourced, with access to competent health and safety advice and is fully briefed about the project. The team must be provided with all relevant pre-construction information about the site.
How might this work in practice?
It’s a good idea, having found suitably qualified designers and contractors, to formalise their appointment in a way that details the role they are to fulfill as far as CDM 2015 is concerned. In this way you can be seen to have carried out your first duty under the regulations.
Resources proportionate to the work being undertaken must be allocated to the project, including specialist advice if there is a need for it, for example if the site poses challenges that are beyond the everyday experience of the construction team.
You must provide information about the hazards present on the land to your contractor. This is very important, especially in the area where construction will take place or on the access route to it. In particular tell the contractor about underground cables, underground voids (septic tank, old wells, swallow holes etc.), contaminated ground or asbestos, unstable structures or trees – anything that may be dangerous to those surveying the site, carrying out the construction or undertaking subsequent maintenance.
Sufficient time must be allocated for the works to be properly planned and then safely executed. Do not impose contract terms that require the construction team to work to an unrealistic deadline to start and/or complete the works or without provision for progress to be delayed if conditions are unsafe for them to continue.
Your contractor should provide you with a copy of the job-specific health and safety plan, which shows that the risks associated with the works that are going to be done have been assessed and a safe method of working established in advance of that work starting. It’ll also detail how suitable welfare facilities are going to be provided. Until the plan is sufficiently advanced and the welfare facilities have been set up on site, the client mustn’t allow work to begin.
The health and safety file must contain information for those undertaking future projects at your premises. Having agreed the format before work started you should ensure it is handed to you by the time the works are complete.
Strictly speaking, projects where only one contractor is appointed do not have to provide a health and safety file, but it’s a good idea to have a record of what was done, what materials were used and outline any hidden hazards that could catch someone out in the future.
Still unsure about what to do?
It’s understood that for many small projects clients will not be experienced, so one of the legal duties of your contractor under CDM 2015 is to check that you are aware of your duties as the client.
So if you have appointed a competent contractor, the company should be able to assist you. If they don’t raise the subject with you or are unclear on what’s required when asked, you need to remember your first duty is to appoint a contractor who does have the necessary skills and knowledge of these health and safety matters.
For further information on the new CDM guidance, visit the HSE website: http://www.hse.gov.uk/construction/cdm/2015/responsibilities.htm