Construction (Design and Management) Regulations 2015
What is a CDM Contractor?
A Contractor is defined by the Construction (Design and Management) (CDM) Regulations 2015 as “anyone who directly employs or engages construction workers or manages construction work. Contractors include sub-contractors, any individual self-employed worker or business that carries out, manages or controls construction work.” HSE
Competency is Key
CDM Contractors must be competent, which is defined as having “the skills, knowledge, experience and, where relevant, the organisational capability to carry out the work safely and without risk to health.”
CDM Contractors have a very important role in planning, managing and monitoring their work to ensure any Construction and Design risks are controlled as the Contractors and the workers under their control are exposed to the risk of injury and ill health from the project construction activities.
CDM Contractors for all projects must:
- Ensure that the Client is aware of the Client duties under CDM 2015 before any work starts.
Plan, manage and monitor all work carried out by themselves, their workforce and supply chain, taking into account the risks and control measures for anyone who might be affected by the works, including members of the public.
- Ensure that all workers they employ (directly or indirectly) or appoint have are competent (i.e. possess the skills, knowledge, training and experience to carry out the work, or are in the process of obtaining them).
- Ensure that all workers under their control have a suitable, site-specific induction, unless this has already been provided by the Principal Contractor.
- Provide appropriate Supervision, Information and Instructions to workers under their control.
- Ensure they do not start work on site unless reasonable steps have been taken to prevent unauthorised access.
- Ensure suitable Welfare facilities are provided from the start of the project for workers under their control, and ensure that they are maintained throughout the lifecycle of the project.
Projects Involving More than One Contractor
In addition to the above responsibilities, CDM Contractors appointed on projects involving more than one Contractor must:
- Coordinate their work with the work of others in the project team
- Comply with directions given by the Principal Designer or Principal Contractor
- Familiarise themselves and their Supply Chain with the parts of the Construction Phase Plan relevant to their work and ensure that they comply with its requirements.
When appointed to a project where the Contractor is the only Contractor working on a project, they become responsible for ensuring that the Construction Phase Plan is drawn up and agreed before setting up the site.
In circumstances where the Contractor is the only Contractor appointed for a Domestic Client, the Contractor automatically adopts the Client duties, as well as their own as CDM Contractor duties. However, this should involve them doing no more than they will normally do to comply with Health and Safety law.
If a Domestic Project involves more than one Contractor, the Principal Contractor will adopt the Client duties and the Contractor will work under the Principal Contractor as ‘Client’.
If a Domestic Client does not appoint a Principal Contractor, the role of the Principal Contractor must be carried out by the Contractor that has control of the Construction Phase. The Client duties will be adopted by the Contractor that becomes the Principal Contractor. Alternatively, the Domestic Client can formally request that the Principal Designer takes on their Client duties (although this must be confirmed in a written agreement) and the Contractor must work to Principal Designer as ‘Client’ under CDM 2015 as well.
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Please contact us to discuss how we can help.