CDM 2015 Role and Responsibilities

of Contractors

Robert Bradford CFIOSH, RMaPS, FInstLM

Application

• CDM 2015 applies to ALL construction projects.

• All construction work MUST be Planned, Managed and Monitored by the Contractor.

• Where there is, or will be, more than one Contractor, there MUST be an appointed Principal Contractor & Principal Designer.

• The Contractor MUST implement their plan.

• Principal Contractor MUST manage & monitor the work of other Contractors.

• Everyone needs to cooperate and coordinate.

Definitions

• CONTRACTOR means any person (including a non-domestic client) who, in the course or furtherance of a business (whether for profit or not), carries out, manages or controls construction work;

• PRINCIPAL CONTRACTOR (PC) means the Contractor appointed to perform additional specified duties where there is more than one Contractor for a project.

• Both must have skills, knowledge, experience and organisational capability to fulfil the appointed role, to secure the Health & Safety of any person affected by the project.

• Either of these can also be any of the other defined roles – Client, Designer, Principal Designer, Contractor and Worker.

Who is a Contractor?

• Anyone who directly employs or engages construction workers or manages construction is a Contractor.

• Includes sub-contractors, any individual, sole trader, self-employed worker, or business that carries out, manages or controls construction work as part of their business.

• Also includes companies that use their own workforce to do construction work on their own premises.

• The duties on Contractors apply whether the workers under their control are employees, self-employed or agency workers.

• Where Contractors are involved in design work, including for temporary works, they also have duties as Designers.

Why is a Contractor important?

• Contractors and the workers under their control are those most at risk of injury and ill health.

• They can influence the way work is carried out to secure their own Health & Safety and that of others affected by the work.

• An important role in planning, managing and monitoring the work (in liaison with the Principal Contractor, where appropriate) to ensure risks are properly controlled.

• The key to this is the proper coordination of the work, underpinned by good communication and cooperation with others involved.

Duties of Contractors • Plan, manage and monitor the work under their control.

• Cooperate with and comply with directions given by Principal Designer and/or Principal Contractor.

• Prepare a Construction Phase Plan where they are the only Contractor.

• Employ and/or appoint only those with necessary skills, knowledge, training & experience required for allocated tasks.

• Provide appropriate supervision, instruction & information to Workers & those gaining skills, knowledge, training & experience.

• Site induction where not provided by the Principal Contractor.

• Prevent access by unauthorised persons.

• Provide Welfare facilities per schedule 2.

Planning the Work

What to include

• Information & instructions provided by the Client, Designer(s), Principal Designer & other Contractors

• CDM 2015 Part 4 – General requirements for all sites

• CDM 2015 Schedule 2 – Minimum welfare facilities for construction sites

• CDM 2015 Schedule 3 – Work involving particular risks

HSG150

Available FREE from HSE website

CIS 80

PART 4 General requirements for all sites

• Safe places of construction work

• Good order and site security

• Stability of structures • Demolition or dismantling • Explosives • Excavations • Cofferdams and caissons • Reports of inspections • Energy distribution

installations

• Prevention of drowning • Traffic routes • Vehicles • Prevention of risk from fire,

flooding or asphyxiation • Emergency procedures • Emergency routes and exits • Fire detection and fire-

fighting Fresh air • Temperature and weather

protection • Lighting

SCHEDULE 2 Minimum welfare facilities for construction sites

• Sanitary conveniences

• Washing facilities

• Drinking water

• Changing rooms and lockers

• Facilities for rest

CIS59

Available FREE from HSE website

SCHEDULE 3 Work involving particular risks

• Work which puts workers at risk of burial under earthfalls, engulfment in swampland or falling from a height, where the risk is particularly aggravated by the nature of the work or processes used or by the environment at the place of work or site.

• Work which puts workers at risk from chemical or biological substances constituting a particular danger to the health or safety of workers or involving a legal requirement for Health Monitoring.

• Work with ionizing radiation requiring the designation of controlled or supervised areas under the Ionising Radiations Regulations 1999.

• Work near high voltage power lines. • Work exposing workers to the risk

of drowning. • Work on wells, underground

earthworks and tunnels. • Work carried out by divers having a

system of air supply. • Work carried out by workers in

caissons with a compressed air atmosphere.

• Work involving the use of explosives.

• Work involving the assembly or dismantling of heavy prefabricated components.

Principal Contractor additional specified duties

• Prepare the Construction Phase Plan with assistance from the Principal Designer before setting up site. Including information supplied by the Client, Principal Designer, Designer(s) or Contractors.

• Review, revise and update the Construction Phase Plan as the work progresses.

• Provide information to the Principal Designer for inclusion in the Health & Safety File.

• Complete the Health and Safety File where the Principal Designer’s appointment finishes before the end of the construction project and pass to Client.

Principal Contractor additional specified duties

• Plan, manage, monitor & coordinate Health & Safety in the construction phase of a project including design, technical and organisational aspects which are to be carried out simultaneously or in sequence and the time required.

• Ensure cooperation between Contractors and coordinate their work.

• Coordinate Health & Safety legal requirement implementation as well as implementation of the Construction Phase Plan.

Ensure that: • Suitable site inductions are provided. • Reasonable steps are taken to prevent unauthorised access. • Welfare facilities are provided and maintained throughout

the works.

Principal Contractor additional specified duties

• To make arrangements to engage and consult with Workers to ensure effective cooperation and developing, promoting and checking effectiveness of Health, Safety & Welfare measures.

• Consult Workers or representatives in good time on matters connected with the project and provide access to relevant information.

Making Clients aware of their duties • Contractors must not carry out any construction work

on a project unless they are satisfied that the Client is aware of their Client duties.

• Where the Contractor is the only one involved, they must liaise directly with the Client to establish this. Can be done during early meetings with the Client to discuss the project.

• Contractors should make sure they have sufficient knowledge of Client duties so they can give proper advice which will depend on the knowledge and experience of the client and the complexities of the project. Indg411

Domestic Clients • Where the CLIENT is a DOMESTIC client (the work /

project is not being carried out as their business), the Client duties MUST be carried out by the Contractor or Principal Contractor OR, where there is a written agreement (not by default) by an appointed Principal Designer

• IF a Domestic Client fails to make the appointments required then

• The Designer in control of the pre-construction phase of the project IS the Principal Designer.

• The Contractor in control of the Construction Phase of the project IS the Principal Contractor.

Domestic Clients’ duties to be discharged by default

• Ensure that subsequent appointees have made suitable arrangements & these are maintained throughout the project – planning for the work; – the work can be carried out safely; – that Welfare facilities are provided.

• Provide Pre-construction info. to designers & contractors. • Ensure a Construction Phase Plan is drawn up. • Ensure a Health & Safety File is prepared. • Ensure duty holders comply with their duties. • Ensure a Health & Safety File is passed on if the Client disposes

of their interest in the structure. • Ensure that any Notifiable project is notified to the relevant

Enforcing Authority.

Further Information

• Working Well Together

– www.wwt.uk.com

• Health & Safety Executive

– www.hse.gov.uk

• Construction Industry Training Board

– www.citb.co.uk