The CDM Regulations 1994

The Construction (Design and Management) Regulations1 (CDM) came into force in March 1995, implementing the temporary or mobile construction sites Directive (92/57/EC). The Approved Code of Practice to the Regulations is currently under revision. The CDM Amendment Regulations, which came into force on 2 October 2000, introduce a new definition of "designer" to ensure that the requirements on designers in the CDM Regulations apply where an employee or other such person prepares a design for the designer. 

Amended by:

  • The Construction (Health, Safety and Welfare) Regulations 1996

  • The Construction (Design and Management) (Amendment) Regulations 20002

  •  

    Duty-holders

    There are four main roles under the CDM Regulations: client; planning supervisor; principal contractor; and designer. These roles may overlap. Clients may appoint a competent agent to act for them. The client, planning supervisor and principal contractor may be one and the same provided there is competence in each role.

    Details of duty

    The client, as soon as it has enough information to make judgments about competence and resources available to the prospective role-holders, must appoint a planning supervisor and a principal contractor and ensure that the roles are filled for the duration of the construction project; the client must also see that the construction phase does not start until a health and safety plan has been prepared for the project.

    The designer must: tell the client of the client's duties under the CDM Regulations (unless the client is the designer); see that designs combat at source foreseeable risks to the health and safety of those who will build, or clean windows at height, glass roofs etc in, or on, the structure or who will be affected by these activities, and give priority to measures that give broad protection rather than individual protection; provide adequate information about aspects of the project structure or materials that may affect health and safety; and cooperate with the planning supervisor.

    The planning supervisor must: notify the HSE of the project; see that the design criteria in the Regulations are met and that designers cooperate with each other; advise the client on the competence and the adequacy of health and safety resources provided by contractors; see that a health and safety file is prepared for each structure, containing relevant design information and any other information that will foreseeably be needed by those working on or affected by work on the structure in the future; and keep the health and safety file up to date and to pass it to the client at the end of the construction phase.

    The principal contractor must: see that contractors cooperate so that they can comply with their legislative duties; see that contractors and employees comply with the rules in the health and safety plan; control access to the site; promptly give the planning supervisor information that will be needed for the health and safety file; and may include in the health and safety plan written health and safety rules.

    Competence requirements

    Before the client appoints a planning supervisor, it must be satisfied of the planning supervisor's competence in relation to the requirements of the CDM Regulations and the demands of the project and that the supervisor can and will allocate adequate resources to the role.

    Nobody must appoint a designer or contractor for the purposes of the CDM Regulations unless they are satisfied that they are competent and will allocate sufficient resources to fulfilling their roles.

    The health and safety plan and record

    The planning supervisor must see that a health and safety plan is prepared before arrangements are made for any contractor to start work. The plan must contain: a description of the construction work; a timescale; details of the known or reasonably foreseeable health and safety risks associated with the work; any information that the planning supervisor should have and a contractor might need for the contractor to be able to show it is competent and will allocate enough resources to the project to enable it to comply with the relevant legislation; and such information as it is reasonable for the planning supervisor to provide that will enable the principal contractor and other contractors to discharge their legislative duties.

    The principal contractor must take reasonable steps to see that the plan contains, until the end of the construction phase: management arrangements for the construction work, including measures to monitor compliance with the legislative requirements, to ensure the health and safety of all those engaged in and affected by the construction work; and enough information about welfare arrangements for contractors to understand how they can comply with their duties in relation to welfare arrangements.

    The client must keep the health and safety file available for inspection by anyone who might need it to comply with their legislative duties. If the client sells the property, the health and safety file should be passed to the buyer.

    Provision of information, instruction and training

    The client must see that the planning supervisor is given any relevant information on the condition of any premises included within the construction project that the client has or could get by making reasonable enquiries. The principal contractor must: so far as is reasonably practicable, see that contractors are given comprehensible information on health and safety risks that may affect them or their employees or others under their control; and must see that contractors who are employers provide their employees with any information they need on procedures for serious and imminent danger and on cooperation with other employers for health and safety purposes.

    Consultation with employees and the self-employed

    The principal contractor must: see that employees and self-employed persons engaged in the construction work are able to discuss, and offer advice on, health and safety matters; and see that the views of employees or their representatives can be coordinated where the scale of the premises or the undertaking makes this necessary for health and safety reasons.

    Contractors' duties

    For any project, contractors must: cooperate with the principal contractor so that both can comply with their legislative duties; promptly provide the principal contractor with relevant health and safety information and notification of occurrence of a notifiable accident or incident; comply with the directions given by the principal contractor and applicable rules in the health and safety plan. Employees and the self-employed must be told: the name of the planning supervisor; the principal contractor; and relevant parts of the health and safety plan.

    Liability

    Criminal.

    Exclusions

    Broadly the CDM Regulations do not apply: when the construction phase will last less than 30 days or will involve less than 500 person days of construction work; when the local authority is responsible for enforcement; or when the work is a project for a domestic client.

    ENFORCEMENT OF THE REGULATIONS BY THE HSE3

    1995/96

    1996/97

    1997/98

    1998/994

    Improvement notice requirements

    19

    28

    23

    116

    Deferred prohibition notice requirements

    2

    5

    7

    12

    Immediate prohibition notice requirements

    44

    55

    88

    60

    Percentage of all requirements in notices served under specific Regulations5

    <1%

    1%

    1%

    2%

    Informations laid

    2

    15

    48

    52

    Convictions

    1

    8

    34

    39

    Informations withdrawn

    1

    6

    12

    3

    Informations dismissed

    0

    1

    1

    5

    Percentage of all HSE convictions6

    <1%

    <1%

    3%

    3%

    Average penalty per CDM Regulations conviction

    £500

    £2,900

    £1,480

    £5,103

    Average penalty per all HSE convictions6

    £2,572

    £5,274

    £4,785

    £5,038

    Average penalty per conviction, excluding fines of £100,000 or greater

    £2,572

    £3,113

    £3,886

    £3,442

    Source: HSC/E.

    1SI 1994 No.3140, the Stationery Office, ISBN 0 11 043845 0, £3.20.

    2SI 2000 No.2380, the Stationery Office, ISBN 0 11 099804 9, £1.50.

    3Local authority figures not available.

    4Provisional.

    5Regulations quoted in five or more requirements.

    6Includes other Regulations and Acts.