The importance of Construction Design and Management compliance

Questions regarding The Construction (Design & Management) Regulations 2015 are frequently raised by members.

Whilst the ambition of CDM – to manage health, safety and welfare on construction projects – is worthy, understanding the Regulations and the role of each ‘duty holder’ can be confusing for the various parties involved in a project, not least the landscape contractor who frequently may enter a project towards the end of a programme of works -just as other parties are completing and leaving the site. 

Contractors of all disciplines who struggle to grasp the basics of CDM may ignore their duties.  This is a potentially risky approach, not least because it has the potential to place all operatives who are working on a site in danger.   

During the past month, the Health and Safety Executive (HSE) has reported on two cases previously investigated by HSE staff, which highlight the potential for injury or fines from ignoring responsibilities.

In the first case, the director of a construction company in London was fined for failing to provide suitable welfare facilities at a construction site for workers.  This construction site was a relatively small refurbishment of a single dwelling house, but nevertheless, the fine issued was significant. In the second case, a contractor was fined £20,000 for health and safety failings which arose under their role as a principal contractor.

Wise men (Voltaire originally, but more recently my colleague at BALI, Richard Gardiner!) say ‘Don’t let perfect get in the way of good’, which is an excellent way of encouraging Association members to learn the basic principles of CDM.  Whilst CDM can be a complex subject, the fundamental principles are easily understood.  In many cases, landscape contractors already fulfil their duties without realising.   

In response to questions frequently raised by Association members in relation to CDM, the Association has developed a guidance section on the BALI website, which aims to outline the steps landscape professionals should take to comply with the regulations. 

In addition to definitions for CDM terms and explanations for each duty holder role and various template documents, the Association has developed a comprehensive ‘common scenarios’ page, which aims to answer frequently asked questions associated with projects, as well as scenarios such as the role of sub-contractors and how to manage non-compliance of CDM.

Further reading:
 
BALI CDM Guidance
HSE Press Release