The PD also liaises with the principal contractor to help in the planning, management and monitoring of the health and safety in the construction phase.

Contractor

Anyone who directly engages construction workers or manages construction work is a contractor.  This includes companies that use their own workforce to do the work on their premises and duties apply to all workers be they employees, self-employed or agency workers.  The contractor’s duty is to:

• plan, manage and monitor construction work under their control so that it is carried out without risks to health and safety.
• for projects involving more than one contractor, co-ordinate their activities with others in the project team – in particular, comply with directions given to them by the Principal Designer or Principal Contractor.
• for single contractor projects, prepare a construction phase plan.

Principal Contractors (PC)

The Principal Contractor’s (PC) duty is to:

• plan, manage, monitor and coordinate health and safety in the construction phase of a project
• liaise with the client and principal designer
• prepare the construction phase plan
• organise cooperation between contractors and coordinate their work.

Ensure:

• suitable site inductions are provided
• reasonable steps are taken to prevent unauthorised access
• workers are consulted and engaged in health and safety matters
• welfare facilities are provided

Workers

As people working for or under the control of contactors on a construction site the workers have duties as well as their employers.  Workers must:

• be consulted about matters which affect their health, safety and welfare
• take care of their own health and safety and others who may be affected by their actions
• report anything they see which is likely to endanger either their own or others’ health and safety
• cooperate with their employer, fellow workers, contractors and other duty holders.

Construction Phase H&S Plan (CPHSP)

If you are a business who conducts construction or construction related work as defined on page one of this newsletter, a CPHSP MUST be produced when you undertake any jobs when:

• You are the only contractor involved, or
• You are acting as the Principal Contractor.

When and Why is a construction project notifiable?

A project is notifiable under Regulation 6 of CDM 2015 to the HSE, if the work is expected or scheduled to:

• Last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or
• Exceed 500 person days.

The client is required to send the notification.  The only exception is when the client is a ‘domestic client’, where the responsibility automatically passes to the Contractor (or PC) where there is more than one contractor involved.  The PD can assume responsibility of a domestic project, but only where there is written agreement with the domestic client.

The Health & Safety (H&S) file

The H&S file is only required for projects involving more than one contractor.

The Principal Designer (PD) prepares, reviews, updates and revises it as the project progresses.  If the PD’s appointment continues to the end of the project, they must also pass the completed file to the Client.  If the PD’s appointment finishes before the end of the project, the file must be passed to the Principal Contractor (PC) for the remainder of the project.  The PC then takes responsibility the until the project finishes and the file is passed to the Client.

The H&S file must contain relevant information about the project and be used if any construction work is carried out on the building in the future to plan and carry out work safely and without risks to health.

The H&S file is a record of useful information to help the ‘Client’ manage H&S risks during any future maintenance, repair, construction work or demolition.  The ‘Client’ should keep the file safe, make it available to anyone who needs to alter or maintain the building, and update it if any circumstances change.

CDM 2015 construction work definition

CDM 2015 defines construction work as; carrying out of any building, civil engineering or engineering construction work and includes:

1. The construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
2. The preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and the clearance or preparation of the site or structure for use or occupation at its conclusion;
3. The assembly on site of prefabricated elements to form a structure or the disassembly on site of prefabricated elements which, immediately before such disassembly, formed a structure;
4. The removal of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure; and
5. The installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services, which are normally fixed within or to a structure.

Industry Guidance

For additional information about specific ‘dutyholder’ responsibilities, please see:

• Industry guidance for Clients on CDM 2015.
• Industry guidance for Designers on CDM 2015.
• Industry guidance for Principal Designers on CDM 2015.
• Industry guidance for Contractors on CDM 2015.
• Industry guidance for Principal Contractors on CDM 2015.
• Industry guidance for Workers on CDM 2015.

Competent construction H&S advice

If you are a construction businesses or a construction related businesses and require access to ‘competent construction H&S advice’, please contact us.