Understanding the CDM Regulations

The Construction (Design and Management) Regulations (CDM Regulations), are a series of Health & Safety documents covering every aspect of building works and projects.

They’ve been steadily updated since they first came into force in 1994, adding new rules and responsibilities that the construction industry must follow.

To make sure you stay safe and compliant, we’re going to explore the different parts of regulations, what needs to be done with them, and who they’re for.

 

What are CDM Regulations?

The CDM Regulations were created to make sure that, no matter your role, anyone involved in a construction project is kept safe. The Regulations aren’t specific to one type of build – they apply to every and any type of construction, whether that’s new buildings, refurbishments, extensions, conversions, demolitions, or repair and maintenance.

The CDM Regulations help you understand:

  • How to plan your work sensibly to correctly manage risks from start to finish
  • How to have the right people for the right job at the right time
  • How to cooperate and coordinate your work with others
  • How to get the right information about potential risks and how they’re managed
  • How to communicate this information effectively to those who need to know
  • How to consult and engage with workers about the risks and how they’re being managed

The HSE has published legal series guidance that supports the CDM Regulations 2015 and explains them in more detail. A more recent update, called the Building Regulations etc. (Amendment) (England) Regulations 2023, introduced changes and additions to the responsibilities. These changes were made alongside the Building Safety Act 2022.

When do CDM Regulations apply?

CDM Regulations apply to all construction works, regardless of the size or duration of the project. Since the Regulations are designed to keep everyone safe throughout the project, they must be completed and followed until all work is finished.

The CDM Regulations 2015 apply to all commercial and domestic works. The duties and responsibilities listed still have to be carried out by designated persons, but this can change depending on the scale of the project.

What happens if CDM Regulations aren’t followed correctly?

There are serious consequences if a construction project doesn’t follow CDM Regulations properly.

The Regulations are designed to improve the Health & Safety of every building project. So, if it’s found that an organisation or individuals haven’t stuck to the regulatory requirements, they could be punished, whether that’s fines or prosecutions.

Projects can also be delayed while investigations are carried out, which adds an extra cost to both the client and the business they hired. Any lapse in safety checks and procedures increases the likelihood of accidents or injuries, which can lead to legal action by the victims. There’s also reputational damage, which can reduce client confidence in the firm’s ability to successfully complete the work.

So make sure you’re following the CDM Regulations carefully, and make sure every step is followed and completed correctly.

 

What are the responsibilities of duty holders according to the CDM Regulations?

The term “duty holder” is applied to those who have legal duties under the CDM Regulations. They can be anyone from:

  • Commercial clients
  • Domestic clients
  • Principal designers
  • Principal contractors
  • Designers
  • Contractors
  • Workers

Each duty holder has different responsibilities for certain parts of the project. It’s important that everyone knows who’s responsible for what, so at each point during the construction process, you know who is in charge of decision-making or taking ownership at that time.

Taking accountability helps the work progress smoothly and safely.

Let’s go over in a bit more detail about who these duty holders are.

Commercial clients

According to the CDM Regulations, if the work is being carried out for a business purpose, then a commercial client is an individual or organisation for whom the construction work is being done for.

Commercial clients are responsible for making suitable arrangements for managing a project, including making sure that:

  • Other duty holders are appointed as and where appropriate
  • Sufficient time and resources are allocated
  • Relevant information is prepared and provided to other duty holders
  • The principal designer and principal contractor carry out their duties
  • Welfare facilities are provided

Domestic clients

Domestic clients are individuals for whom a construction project is carried out on their home, or the home of someone they represent.

Many responsibilities and decisions fall to the client since they’re the ones commissioning or ordering the work. Some of these decisions and responsibilities may be delegated to other duty holders, but it should be made clear which decisions the client retains control over.

According to the CDM Regulations 2015, domestic client duties are normally transferred to:

  • The contractor for single contract projects
  • The principal contractor for projects that use more than one contractor

The domestic client can request to have a written agreement with the principal designer to carry out the client’s duties.

Principal designers

Principal designers are appointed by clients in projects involving more than one contractor. They can be from an organisation, or they can be an individual with sufficient knowledge, experience, and ability to carry out the role.

The responsibilities of principal designers include planning, managing, monitoring, and coordinating the Health & Safety during the pre-construction phase of a project, including:

  • Identifying, eliminating, and controlling risks
  • Making sure the designers carry out their duties
  • Preparing and providing relevant information to other duty holders
  • Liaising with the principal contractor to help in the planning, management, monitoring and coordination of the construction phase

Principal contractors

Principal contractors are appointed by the client to coordinate the construction phase of the contract, where it involves more than one contractor. These duty holders are responsible for the planning, managing and coordination of Health & Safety in the construction phase of a project, including:

  • Liaising with clients and principal contractors
  • Preparing the construction phase plan
  • Organising cooperation between contractors and coordinating their work
  • Making sure suitable site inductions are provided
  • Making sure reasonable steps are taken to prevent unauthorised access
  • Consulting and engaging workers when it comes to securing their Health & Safety
  • Ensuring adequate welfare facilities are provided

Designers

Designers are organisations or individuals who, on behalf of an organisation, prepare or modify designs for buildings and/or products or systems relating to construction work. This can include creating or reviewing drawings, design details, specifications, bills of quantity, and design calculations.

Plenty of people can fulfil the designer duty holder role, whether they’re architects, consulting engineers, quantity surveyors, interior designers, or anyone who modifies or specifies designs as part of their work.

When preparing or modifying designs, the designer must eliminate, reduce, or control foreseeable risks that may arise during both the construction stage and then prepare for future maintenance.

Designers must also provide information to other members of the project team to help them plan and carry out their duties safely.

Contractors

Contractors are the individuals or organisations who carry out the construction work on a project. They’ll hire or provide the workers to complete the actual work. These duty holders, as outlined in the CDM Regulations, need to plan, manage, and monitor construction work under their control so it’s carried out without risks to Health & Safety.

For projects involving more than one contractor, contractors need to coordinate their activities with others in the project team. In particular, they need to comply with directions given to them by the principal designer or principal contractor.

For single-contractor projects, contractors must prepare a construction phase plan.

Workers

Workers are individuals operating under or for a contractor to complete the actual construction work on a project. Job roles that fall under this position include:

  • Plumbers
  • Electricians
  • Scaffolders
  • Painters
  • Decorators
  • Steel erectors
  • Labourers

But other roles, including supervisors or specialists, can also be counted.

Workers must:

  • Be consulted about matters which affect their Health & Safety and welfare
  • Take care of their own Health & Safety, and of others who might be affected by their actions
  • Report anything they see which is likely to endanger either their own or others’ Health & Safety
  • Cooperate with their employer, fellow workers, contractors and other duty holders

Employers must consult their workers, or their assigned representatives, on Health & Safety matters that affect them. This shouldn’t be seen as a tick-box exercise, as workers are the ones who will find any issues that need to be addressed. Collaboration between contractors and workers creates a safe working environment and a much more productive project.

 

Who should be appointed as duty holders?

Deciding who should take on a duty holder role can make a huge difference to a construction project, so it’s not something you can skip. These roles are necessary under the CDM Regulations, but people can fulfil multiple positions if they have the necessary skills, experience, and knowledge.

Duty holders have responsibilities, as outlined above, but they must also work with other duty holders as required. While some people may have multiple roles, especially on smaller projects, this increase in their workload should be taken into consideration to make sure project efficiency stays high, and to make sure everyone enjoys a safe environment.

In some cases, some roles can be fulfilled by an organisation rather than an individual. But there should always be clear points of contact when someone needs to be contacted or a decision needs to be made.

 

Getting to grips with the CDM Regulations

The CDM Regulations make every construction project safer and more efficient, but you need to be aware of what they mean for a project.

The goal is to improve the Health & Safety of all building works. This means that designated individuals who take responsibility for those areas or phases of the construction need to make sure everyone knows who to report or talk to when something needs to be addressed.

Understanding the roles each duty holder carries out is crucial to the success of any construction project. It’s well worth taking the time to review the chain of command to keep everything in order early on to minimise challenges down the line. You can also use our free Construction Phase Plan template to help you meet the criteria for your projects.

If you want support in making sure your staff are ready for their roles as duty holders as required by the CDM Regulations 2015, give our team a call on 01752 643962 and find out what CITB training courses we have available. We also offer SSIP certification, which not only helps you cut down on tendering times, but also makes sure all your Health & Safety is organised, accounted for, and ready to go for your next project.