THE CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS 2007
(Also known as CDM 2007)

These Regulations were brought in to make construction safer, including reducing the risk to anyone carrying out maintenance to buildings.  CDM 2007 places legal duties on virtually everyone involved in construction work. Those with legal duties are commonly known as ‘dutyholders’ and are.

Clients - A 'client' is anyone having construction or building work carried out as part of their business. This could be an individual, partnership or company and includes property developers or management companies for domestic properties. A domestic client is someone who lives, or will live, in the premises where the work is carried out. The premises must not relate to any trade, business or other undertaking. Although a domestic client does not have duties under CDM, those who work for them on construction projects will.

On all projects clients will need to:

• Check competence and resources of all appointees
• Ensure there are suitable management arrangements for the project welfare facilities
• Allow sufficient time and resources for all stages
• Provide pre-construction information to designers and contractors

Where projects are notifiable to the Health and Saftey Executive (HSE) under CDM 2007 (on projects that last more than 30 days or involve 500 person days of construction work), clients must also: 

• Appoint a CDM Coordinator
• Appoint a principal contractor
• Make sure that construction work does not start unless a construction phase plan is in place and there are adequate welfare facilities on site
• Provide information relating to the health and safety file to the CDM co-ordinator
• Retain and provide access to the health and safety file

CDM Coordinators - The CDM Coordinator's role is to:

• Advise the client on health and safety issues during the design and planning phases of construction work so they can undertake their duties under the Regulations.
• Notify the HSE about the project prior to commencement on site.
• Co-ordinate design work, planning and other preparation for construction where relevant to health and safety.
• Identify and collect the pre-construction information and advise the client if surveys need to be commissioned to fill significant gaps.
• Promptly provide in a convenient form to those involved with the design of the structure; and to every contractor (including the principal contractor) who may be or has been appointed by the client, such parts of the pre-construction information which are relevant to each.
• Manage the flow of health and safety information between clients, designers and contractors.
• Advise the client on the suitability of the initial construction phase plan and the arrangements made to ensure that welfare facilities are on site from the start.
• Ensure that a relevant user friendly Health and Safety File is produced suitable for future use at the end of the construction phase.

In addition Easton Bevins usually prepares and submits to all parties a pre-tender health and safety plan and attends at least one design team meeting and/or a pre contract meeting if required. Further attendance at meetings can be arranged. Please note that in some cases the Health and Safety File will be produced by the principal contractor and checked for adequacy by the CDM Coordinator. This will be confirmed on an individual project by project basis.

Designers - The term 'designer' has a broad meaning and relates to the function performed, rather than the profession or job title. Designers are those who, as part of their work, prepare design drawings, specifications, bills of quantities and the specification of articles and substances. This could include architects, engineers and quantity surveyors.

Principal contractors - The principal contractor's role is to plan, manage and co-ordinate health and safety while construction work is being undertaken. The principal contractor is usually the main or managing contractor for the work.

Contractors - A 'contractor' is a business who is involved in construction, alteration, maintenance or demolition work. This could involve building, civil engineering, mechanical, electrical, demolition and maintenance companies, partnerships and the self-employed.

Workers - A ’worker’ is anyone who carries out work during the construction, alteration, maintenance or demoliton of a building or structure. A worker could be, for example, a plumber, electrician, scaffolder, painter, decorator, steel erector, as well as those supervising the work, such as foreman and chargehands.

The Chartered Building Surveyors within this practice have the necessary experience, competence and expertise to be appointed as CDM Coordinators.  The firm carries £2,500,000 Professional Indemnity Insurance, is a member of the Association of Project Safety and has undertaken the role of CDM Coordinator since the first Regulations came into force on 31st March, 1995.

Solicitors should be aware that the Health & Safety File should be obtained prior to exchange of contracts, where works have been undertaken pursuant to these Regulations.

These Regulations are personal and criminal, not civil – ensure your position is protected.