In a previous e-update (found here) we looked at (what was then) the forthcoming Construction (Design and Management) Regulations 2015 ("CDM 2015"). This e-update looks ahead to the expiry of certain transitional arrangements under CDM 2015.
"Principal Designer"
Any CDM "client" that:
a) Had, as at 6 April 2015, appointed a CDM co-ordinator on a project that was ongoing at that date;
b) Has taken advantage of the CDM 2015 transitional provisions to retain the existing CDM co-ordinator; and
c) Has not yet appointed a "principal designer" under CDM 2015,
should take note that it now has up until 5 October 2015 to appoint in writing a principal designer to replace the existing CDM co-ordinator (unless the project will complete on or before 6 October 2015, in which case there is no need to replace the CDM co-ordinator). A failure to do so will result in the client taking on the duties of a principal designer under CDM 2015 – as clients are generally not well placed to perform that role there would be an increased risk of an infringement of CDM 2015 particularly where the pre-construction phase is ongoing.
Transitional Provisions
Any CDM "client" with an ongoing project that was commenced prior to 6 April 2015 and who has not yet taken all required steps to comply with CDM 2015 should of course do so without further delay. New projects commenced from 6 April 2015 will of course be subject to CDM 2015. If you are in doubt about the status of your project then you may wish to seek advice.
Enforcement Action
The Heath and Safety Executive ("HSE") is the enforcing authority in respect of CDM 2015 and has responsibility for, among other things, seeing that dutyholders fulfill their duties.
An infringement of health and safety law may come to the attention of the HSE through its inspections and investigations or in response to a complaint that it receives. The HSE can take a wide range of enforcement action when responding to infringements of relevant health and safety law.
While the HSE can be expected to a take a proportionate response, enforcement action can include offering duty holders information and advice (verbally and in writing), issuing warnings, issuing improvement or prohibition notices, recovering FFIs (fees for intervention – paying the HSE's costs of identifying a material breach, helping the business to put it right, investigating and taking enforcement action) and reporting to the Procurator Fiscal with a view to a criminal prosecution in Scotland.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
