Effective as at 6th April 2015
Manufacturers of construction products need to be aware of the following areas of obligation under these Regulations: Manufacturers supplying standardised products for use in any construction project are not designers; however, the person who selects the product is a designer and must take account of health and safety issues arising from the installation and use of those products. In a situation where a product is required to be purpose built (bespoke), then the person who prepares the specification or drawings is a designer and so is the manufacturer who develops the specification into a detailed design. The connection is that as a designer your decisions can affect the health and safety of workers and others who will construct, maintain, repair, clean, refurbish and eventually demolish the building or structure, as well as those who will use it as a completed workplace. For more information please see “CDM2015 Principles in Practice, Industry Guidance for Designers” published by CITB which can be downloaded here. Please note that this is still draft guidance which could change between now and 6 April 2015. Further Industry Guidance publications include guidance for Contractors (download here), Principal Contractors (download here), Workers (download here) and the new role of Principal Designers (download here). The existing role of CDM Co-ordinator is not taken forward with the new Regulations.
In addition to the above guidance the HSE has published “Draft Guidance on The Construction (Design and Management) Regulations 2015” which provides draft Legal (L) Series guidance on the legal requirements of the Regulations. This has been released ahead of the Regulations coming into force on 6 April 2015 to help anyone who has duties under the Regulations to prepare in advance. A copy of this publication can be downloaded here.
For the first time, all the above will now apply to domestic client projects, although the client duties will normally be transferred to the contractor or principal contractor, or if the client wishes to make a specific appointment, the designer.
If anyone is in doubt over the details of these Regulations they should seek advice as they form criminal law with personal and company liabilities.