CDM 2015

A Practical Guide for Architects and Designers

Paul Bussey

• Publisher: RIBA Publishing
• Year: 2019
• ISBN:
  9781000704983
• Edition: 1
• Topic: Architecture
• Subtopic: Architecture General

This is the designer's essential guide to implementing the new CDM 2015 regulations. It provides both a straightforward overview of the key changes and new duty holders, including the Principal Designer, as well as full colour diagrams and annotated plans which demonstrate how to apply the principles in the real world. As the regulations come into force it aims to reassure those fearing a change in their obligations by outlining easy to use practical tools which will integrate the philosophy of the new regulations – of proportionate response, creative solutions and collaborative working – into day-to-day practice. It's designed as a concise and handy quick reference guide, easy to carry around on site or use at your desk, translating what can be dry and often impenetrable legislation into a set of simple, intuitive, design friendly and safe messages.

1
Introduction: A practical and creative approach to the integration of CDM 2015 into architectural design

A practical and creative approach

This guide introduces and explains the new CDM Regulations 2015. It outlines the key changes, who the duty holders are and – in clear tables allowing easy comparison – how the responsibilities of each duty holder have changed from 2007 to 2015.

However it also introduces a practical and creative approach to the integration of health and safety or construction design and management (CDM) into architectural projects in a proportionate and practicable way. It is intended as a regular reference source and introduces the reader to a number of other research documents, legislation and information sources with which they need to be familiar to deliver their new roles under the CDM Regulations. The need for each role is explained, along with the basic knowledge required. The intention is to promote creative integration of CDM into architectural design in a manner that is artistically and intellectually stimulating and collaborative, while meeting the legislative and ethical objectives of CDM.

This document is primarily intended for individual architects or aesthetic designers in large or small practices, as well as academics and students in the architectural and construction sectors. Designers from civil, structural and mechanical engineering or surveying backgrounds and other interested groups such as clients, contractors and legislators may find the guide helpful in understanding the rationale, motivations and methods of the architectural design community. It should therefore enable a range of construction professionals and designers to work together in an environment of mutual respect and design collaboration for better and safer architecture.

A moral and ethical approach

The guide also promotes a moral and ethical approach to integrating health and safety into everyday design activities, simply and proportionately, without fear of criminal or civil recrimination. This needs to happen while also fulfilling the concept design and brief requirements, and in parallel with normal day-to-day business activities.

Designers cannot entirely prevent all accidents or instances of ill-health, but they can make a contribution to the prevention process and learn how to better protect construction and maintenance operatives, building users and others. Unfortunately there are many myths and misconceptions about this process that have developed since the introduction of CDM in 1994. This book will help to counter these misunderstandings and allow designers and their teams to provide ‘proportionate and practicable’ solutions, processes and information.

The moral and ethical requirement for all professionals, and society in general, to consider health and safety in all our actions is at the heart of the integration of CDM into architectural design and construction.

The impact of our actions on others should be considered in every exchange between project team members, particularly in terms of fair-mindedness, integrity, honesty, self-knowledge and also an understanding that our behaviour has consequences for the welfare of others. This approach is fundamental to the better integration of CDM into architectural design and construction. The processes outlined here should help to prevent the dysfunctional and risk-averse attitudes of project teams of the last 20 years, and encourage a collaborative team environment and approach in the future.

Integration of health and safety

For most of us, the integration of health and safety into our daily lives is an ever present but subconscious process. Achieving a balance between safety and activity is a continual source of debate, amusement, misunderstanding and, quite often, disagreement. Carrying this theme across to a construction project, there will often be team members with little or no aesthetic training, who struggle to understand the visual, cultural and artistic priorities of designers. Meanwhile designers can be guilty of assuming that all construction and maintenance-related decisions are solely the responsibility of the contractor or end user. This situation has led led to many failings in construction projects and completed buildings across the industry. These polarised positions on safety issues can be irreconcilable and may cause considerable disruption to design team agreements and productivity. This disconnect is at the very heart of the need for this ‘practical and creative guide’ which will explore the fundamental relationship between construction safety and design, and propose methods for successfully integrating them while creating the opportunity for excellence both in terms of architecture and safety.

The UK architectural profession and CDM

Perhaps due to the relatively recent introduction of the CDM Regulations teaching of the implications of health and safety on design, although part of the RIBA and ARB curriculum, could be far better integrated into architectural education. For this reason it is not yet as well embedded as it might be in architectural practice, although annual CPD on the topic is mandatory for RIBA chartered members. This issue is being addressed by the RIBA. See Appendix II.

There is a lot of other guidance that describes the regulatory landscape; meanwhile this guide is intended to put the Regulations into a creative context for designers, providing a working document to support teaching, learning or practising architecture. It is hoped that a growing language and methodology of design safety will develop that relates to our own design profession, but at the same time is acceptable to and intelligible by other construction, legal and health and safety professionals.

Demonstrating good practice

This book aims to bring the Regulations, research and methods of integrating safety into design to the attention of the entire design and construction community to empower the project team to make appropriate health and safety design decisions.

It explains the CDM Regulations 2015 in a clear and accessible way for architects and designers, and provides practical solutions and case studies as exemplars for the resolution of health and safety issues on projects. It is hoped that this can begin an industry-wide or profession-based framework for providing examples of good practice for mutual benefit. This is also intended to reconcile the sometimes divergent aspirations of the industry on health and safety by examining the facts and various research reports that might have led to misunderstandings (see Appendix III). The guide cannot answer all of the health and safety questions levelled at the architectural design community, but it will hopefully provide a start.

Information overload

There are an enormous number of British Standards, Approved Codes of Practice and guidance documents that provide very detailed research evidence and recommendations for the industry. However the sheer volume and cost of such information often leaves the designer and contractor either with information overload or a lack of suitable information. The accessibility of unmoderated information on the internet can also be a problem, as it cannot possibly all be effectively assimilated. As a response to this situation a number of global organisations have started to compile easily searchable databases of good practice guidance and case studies for their own use, and also to inform and assist the wider design and construction community.

It is hoped that the professions will be able to capture this information through collation of concise peer-group contributions and web-accessible databases, available to all. This guide provides a route map to this developing spectrum of information.

Note: where information is written by the author or is a commentary on the primary source-referenced documents, the text and annotations are red.

2
The EU Directive and the need for the CDM Regulations

Chapter overview

• — Understanding the CDM Regulations
• — Why do we need to acknowledge the EU Directive?
• — The CDM Regulations 1994 and 2007
• — What was the HSE view of CDM in 2007?

Understanding the CDM Regulations

Why do we need the CDM Regulations?

While this book provides an essential summary of the context and development of the UK CDM Regulations, it is not intended to provide a detailed history, which can be found elsewhere (see References and bibliography). Twenty years have passed since the introduction of the Construction (Design and Management) Regulations (CDM) and there has just been a second revision to implement the requirements of the European Parliament and to better embed these moral and ethical requirements into the construction industry.

A key intention is to explain the essence of CDM 2015 in comparison to its predecessors.

Various actions can have serious unintended consequences, including injury and even death.

The Regulations set out to support the coordinated workforce of client, designer and contractor to put together plans, select capable people to work together and produce systems of work to deliver successful architecture. Unfortunately this outcome is not universal, showing the need for renewed consideration of the Regulations.

Proposed changes in 2015

Among the barriers to improvements in the construction industry are the principles set up at the beginning of projects, such as health and safety policies, pre-qualification questionnaires and competence schemes. These provide an illusion of safety but in fact burden designers, construction managers and site operatives with increased paperwork to demonstrate compliance, without necessarily bringing improvements. When an accident occurs a further paperchase is embarked on to apportion blame, and additional layers of paperwork added in an attempt to prevent it happening again. This is a self-perpetuating cycle which seems to have no purpose beyond litigation.

However, after a false start in 2007, the HSE has in 2015 finally attempted, with government support, to stop unnecessary bureaucracy and promote a ‘proportionate approach’ to design and construction projects. This is a welcome attempt to assist small and medium enterprises in particular to take appropriate steps to do their job: to deliver beautiful buildings, meet client requirements and earn a living while facilitating the safety of others.

A change in attitude

There is much discussion and concern in the industry surrounding these proposals. The HSE now accepts integration of the Regulations over a six-month transitional period to ease the process of change, but the aspiration to reduce paperwork, while minimising the risk of litigation and accidents in a proportionate manner, will require considerably more patience and sharing of good practice. CDM 2007 was full of terms open to interpretation such as ‘proportionate approach to risk’, ‘suitable and sufficient [actions]’ and ‘so far as is reasonably practicable’ and these terms appear again in CDM 2015. However there is now a greater move to define these ‘relative’ terms with more tangible examples and definitions. The often-expressed concern that ‘we will only know if we took appropriate action when it is decided in court’ is not conducive to inspiring change, so these definitions are vital to create a shared understanding and approach across the industry.

The whole industry must therefore work together to effect change. There may be resistance but we must try; it is the designer institutes of the architects and civil engineers who can set the standards and level of acceptable practice.

Why do we need to acknowledge the EU Directive?

The EU Directive underpins the original introduction of the CDM Regulations in 1994/5 and is still relevant today. In spite of its imminent review, the need to copy out this legislation in CDM 2015 is a primary aim of the government and HSE in order to avoid financial penalties. There is also a requirement to improve safety in design considerations. The D...