Clearview National June 2016 - Issue 175 | Page 87
INSTALLERSUPPORT
What is
Your Role?
»»PASCAL BAPTISTA, CEO AND
Founder of YouKwoteMe.com, explains what
the role as a trader working for domestic
clients is under the new Construction Design
and Management (CDM) 2015?
“The Construction Design Management
2007 was updated in 2015, the major change
being the removal of the CDM Coordinator
and the addition of the Principal Designer
roles and responsibilities. Instead of comparing
the old and the ne w roles and regulations, I
have summarised them to 5 simple day-to-day
questions, ensuring the new regulation is well
understood at domestic level.”
WHO IS THE PRINCIPAL
DESIGNER?
“The fundamental role of Principal
Designer (PD) is the person or business that
can influence, adjust and change the design,
eliminating foreseeable risks and putting
controls in place to eliminate or reduce
them, assuring the project can be delivered,
maintaining adequate Health and Safety
standards to everyone directly and indirectly
involved. Also the PD must collect relevant
information to maintain and update the Health
and Safety file, coordinating, cooperating with
everyone involved and communicating with
the Principal Contractor (PC) of the risks and
control measures during construction.”
‘The client only has the general
duty of care to ensure the
PD and PC are trained and
competent to do the work’
WHAT DOMESTIC
CLIENTS MUST DO?
“Domestic clients do not have to appoint a
Principal Designer nor a Principal Contractor
and also do not become the Principal Designer
nor the Principal Contractor. Under the new
CDM 2015 regulation these roles are fulfilled
by the contractor, if the only one, or by the
principal contractor when there is more than
one, or by the PD if the client has appointed
one in writing. The client only has the general
duty of care to ensure the PD and PC are
trained and competent to do the work.”
WHAT HAPPENS WHEN THE
CLIENT DOESN’T APPOINT
THE PRINCIPAL DESIGNER?
“Domestic clients normally do not appoint
a PD, mainly due to the simple fact that they
don’t know if they need to appoint one or
they think that contractors naturally become
the PD. In cases where the client doesn’t
specifically appoint one the Principal Designer
becomes the person that will have an influence
on the pre-construction, in other terms, the
professional doing the works.”
WHAT TRADERS WORKING FOR
DOMESTIC CLIENTS MUST DO?
“When contracted by domestic clients and
if the client has not appointed a Principal
Designer, the roles of Principal Contractor
are transferred from the client to the trader
when there is only one, or to the Principal
Contractor when there is more than one
contractor.”
THE PRINCIPAL CONTRACTOR
DUTIES ARE TO:
• Manage the project.
• Construct, eliminate and reduce the
health and safety risks to anyone for the
duration of the works.
• Provide pre-construction information to
everyone.
• Draw up a construction phase plan.
• Update and handover the Health and
Safety File.
• Ensure compliance with roles and duties
to regulations.
• Notify the executive when projects last
more than 30 working days and more
than 20 workers working at any point or
exceed 500 person days.
WHEN THERE IS MORE THAN ONE
CONTRACTOR WHAT SHOULD
THE CLIENT AND TRADER DO?
“The regulation states that when there
is more than one contractor a Principal
Contractor must be appointed. Under the
domestic client rules, if the client has not
appointed anyone, the PD is the person
responsible for the design element (e.g.
Architect) and the PC will be the trader in
control of the construction works.
“In essence, the PD is the person that can
influence the pre-construction stage and the
Principal Contractor is the person or business
in control of the construction phase. These
roles can be transferred to one person or
organisation, under the new Construction
Design and Management Regulation 2015,
domestic clients do not have to appoint
the Principal Designer nor the Principal
Contractor, the general duties of making
sure the contractor is trained and competent
remains, along with the provision of Health
and Safety File information for the works to
be carried out risk free.
“It is also clear that the new CDM
2015 is taking away all the fundamental
responsibilities from domestic clients. On
projects where the client appoints all the
contractors (e.g. scaffold, plasterer, plumber,
roofer, decorator, carpenter, etc.), it would
also be safe to suggest that the Principal
Contractor is the organisation that would have
the major part of the works at that point in
time, so there could be projects where several
contractors would have acted as a Principal
Contractor.”
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