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The Construction (Design and Management) Regulations 2015

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Regulation 6

SCHEDULE 1Particulars to be notified under regulation 6

1.  The date of forwarding the notice.

2.  The address of the construction site or precise description of its location.

3.  The name of the local authority where the construction site is located.

4.  A brief description of the project and the construction work that it entails.

5.  The following contact details of the client: name, address, telephone number and (if available) an email address.

6.  The following contact details of the principal designer: name, address, telephone number and (if available) an email address.

7.  The following contact details of the principal contractor: name, address, telephone number and (if available) an email address.

8.  The date planned for the start of the construction phase.

9.  The time allocated by the client under regulation 4(1) for the construction work.

10.  The planned duration of the construction phase.

11.  The estimated maximum number of people at work on the construction site.

12.  The planned number of contractors on the construction site.

13.  The name and address of any contractor already appointed.

14.  The name and address of any designer already appointed.

15.  A declaration signed by or on behalf of the client that the client is aware of the client duties under these Regulations.

Regulation 4(2)(b), 13(4)(c) and 15(11)

SCHEDULE 2Minimum welfare facilities required for construction sites

Sanitary conveniences

1.—(1) Suitable and sufficient sanitary conveniences must be provided or made available at readily accessible places.

(2) So far as is reasonably practicable, rooms containing sanitary conveniences must be adequately ventilated and lit.

(3) So far as is reasonably practicable, sanitary conveniences and the rooms containing them must be kept in a clean and orderly condition.

(4) Separate rooms containing sanitary conveniences must be provided for men and women, except where and so far as each convenience is in a separate room, the door of which is capable of being secured from the inside.

Washing facilities

2.—(1) Suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons, must, so far as is reasonably practicable, be provided or made available at readily accessible places.

(2) Washing facilities must be provided—

(a)in the immediate vicinity of every sanitary convenience, whether or not also provided elsewhere; and

(b)in the vicinity of any changing rooms required by paragraph 4, whether or not provided elsewhere.

(3) Washing facilities must include—

(a)a supply of clean hot and cold, or warm, water (which must be running water so far as is reasonably practicable);

(b)soap or other suitable means of cleaning; and

(c)towels or other suitable means of drying.

(4) Rooms containing washing facilities must be sufficiently ventilated and lit.

(5) Washing facilities and the rooms containing them must be kept in a clean and orderly condition.

(6) Subject to sub-paragraph (7), separate washing facilities must be provided for men and women, except where they are provided in a room the door of which is capable of being secured from inside and the facilities in each room are intended to be used by only one person at a time.

(7) Sub-paragraph (6) does not apply to facilities which are provided for washing hands, forearms and the face only.

Drinking water

3.—(1) An adequate supply of wholesome drinking water must be provided or made available at readily accessible and suitable places.

(2) Where necessary for reasons of health or safety, every supply of drinking water must be conspicuously marked by an appropriate sign.

(3) Where a supply of drinking water is provided, a sufficient number of suitable cups or other drinking vessels must also be provided, unless the supply of drinking water is in a jet from which persons can drink easily.

Changing rooms and lockers

4.—(1) Suitable and sufficient changing rooms must be provided or made available at readily accessible places if a worker—

(a)has to wear special clothing for the purposes of construction work; and

(b)cannot, for reasons of health or propriety, be expected to change elsewhere.

(2) Where necessary for reasons of propriety, there must be separate changing rooms for, or separate use of rooms by, men and women.

(3) Changing rooms must—

(a)be provided with seating; and

(b)include, where necessary, facilities to enable a person to dry any special clothing and any personal clothing or effects.

(4) Suitable and sufficient facilities must, where necessary, be provided or made available at readily accessible places to enable persons to lock away—

(a)any special clothing which is not taken home;

(b)their own clothing which is not worn during working hours; and

(c)their personal effects.

Facilities for rest

5.—(1) Suitable and sufficient rest rooms or rest areas must be provided or made available at readily accessible places.

(2) Rest rooms and rest areas must—

(a)be equipped with an adequate number of tables and adequate seating with backs for the number of persons at work likely to use them at any one time;

(b)where necessary, include suitable facilities for any woman at work who is pregnant or who is a nursing mother to rest lying down;

(c)include suitable arrangements to ensure that meals can be prepared and eaten;

(d)include the means for boiling water; and

(e)be maintained at an appropriate temperature.

Regulation 12(2)

SCHEDULE 3Work involving particular risks

1.  Work which puts workers at risk of burial under earthfalls, engulfment in swampland or falling from a height, where the risk is particularly aggravated by the nature of the work or processes used or by the environment at the place of work or site.

2.  Work which puts workers at risk from chemical or biological substances constituting a particular danger to the health or safety of workers or involving a legal requirement for health monitoring.

3.  Work with ionizing radiation requiring the designation of controlled or supervised areas under regulation 16 of the Ionising Radiations Regulations 1999(1).

4.  Work near high voltage power lines.

5.  Work exposing workers to the risk of drowning.

6.  Work on wells, underground earthworks and tunnels.

7.  Work carried out by divers having a system of air supply.

8.  Work carried out by workers in caissons with a compressed air atmosphere.

9.  Work involving the use of explosives.

10.  Work involving the assembly or dismantling of heavy prefabricated components.

Regulation 37

SCHEDULE 4Transitional and saving provisions

1.  In this Schedule—

“CDM co-ordinator” means a person appointed under regulation 14(1) of the 2007 Regulations;

“competent” means competent to perform any requirement and avoid contravening any prohibition imposed on a person by or under any of the relevant statutory provisions;

“relevant project” means a project which began before 6th April 2015.

2.  These Regulations apply to a relevant project with the modifications specified in this Schedule.

Projects with no existing CDM co-ordinator or principal contractor

3.—(1) This paragraph modifies the application of these Regulations in relation to a relevant project where, immediately before 6th April 2015—

(a)no CDM co-ordinator or principal contractor is appointed for the project under the 2007 Regulations;

(b)there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on the project; and

(c)the construction phase has started.

(2) Regulation 5 does not apply to the project.

(3) The client may appoint in writing a designer as principal designer.

(4) The client must appoint in writing a contractor as principal contractor as soon as is practicable after 6th April 2015.

(5) The principal contractor must draw up a construction phase plan or make arrangements for a construction phase plan to be drawn up under regulation 12(1) and (2) as soon as is practicable after 6th April 2015 and the requirement that the plan must be drawn up during the pre-construction phase and before setting up a construction site is disapplied.

(6) The client, other than a domestic client, must ensure that the principal contractor complies with sub-paragraph (5) and the client duty in regulation 4(5)(a) is disapplied.

(7) If the client does not appoint a principal designer, the principal contractor must—

(a)prepare a health and safety file under regulation 12(5) as soon as is practicable after 6th April 2015 and the requirement for the file to be prepared during the pre-construction phase is disapplied; and

(b)ensure that the health and safety file is reviewed, updated and revised from time to time under regulation 12(6).

(8) If the client does not appoint a principal designer—

(a)the references to the principal designer in regulations 4(5)(b) and 9(3)(b) are treated as references to the principal contractor;

(b)the client duty in regulation 4(6)(a) does not apply; and

(c)the principal contractor duties in regulation 12(7) and 13(5) do not apply.

(9) Where a client, other than a domestic client, fails to appoint a principal contractor under sub-paragraph (4) the client must fulfil the duties of the principal contractor specified in these Regulations, as modified by this paragraph.

(10) Where the client is a domestic client—

(a)regulation 7(2) does not apply; and

(b)if the client fails to appoint a principal contractor under sub-paragraph (4) the principal contractor for the project is the contractor in control of the construction phase.

Projects with an existing CDM co-ordinator

4.—(1) This paragraph and paragraphs 5 and 6 apply where, immediately before 6th April 2015, there is a CDM co-ordinator appointed for a relevant project.

(2) Where this paragraph applies, the appointment of the CDM co-ordinator continues to have effect for the purposes of these Regulations until a principal designer is appointed or the project comes to an end.

(3) The client must appoint in writing a principal designer for the project before 6th October 2015 unless the project comes to an end on or before that date.

(4) Where the appointment of a CDM co-ordinator continues to have effect under sub-paragraph (2)—

(a)the CDM co-ordinator must comply with the duties in paragraph 5;

(b)the duties in regulations 9(3)(b) and 12(7) to provide information to the principal designer are treated as duties to provide information to the CDM co-ordinator; and

(c)the duty in regulation 13(5) to liaise with the principal designer is treated as a duty to liaise with the CDM co-ordinator.

Duties of CDM co-ordinator during transitional period

5.—(1) The CDM co-ordinator must—

(a)cooperate with any other person working on or in relation to a project at the same or an adjoining construction site, to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function;

(b)where the CDM co-ordinator works under the control of another, report to that person anything they are aware of in relation to the project which is likely to endanger their own health or safety or that of others;

(c)ensure that suitable arrangements are made and implemented for the coordination of health and safety measures during the planning and preparation for the construction phase, including facilitating—

(i)cooperation and coordination between all persons working on the pre-construction phase of the project; and

(ii)the application of the general principles of prevention;

(d)liaise with the principal contractor over—

(i)the content of the health and safety file;

(ii)the information which the principal contractor needs to prepare the construction phase plan; and

(iii)any design development which may affect planning and management of the construction work;

(e)where no or partial pre-construction information has been supplied to the CDM co-ordinator by the client under regulation 10 of the 2007 Regulations, assist the client to comply with regulation 4(4) of these Regulations;

(f)unless the information has already been provided under regulation 20(2)(b) of the 2007 Regulations, provide any pre-construction information that is in the possession or control of the CDM co-ordinator, promptly and in a convenient form, to every designer and contractor appointed, or being considered for appointment, to the project;

(g)take all reasonable steps to ensure that designers comply with their duties under regulation 9 of these Regulations;

(h)take all reasonable steps to ensure cooperation between designers and the principal contractor during the construction phase in relation to any design or change to a design;

(i)if a health and safety file has not been prepared under regulation 20(2)(e) of the 2007 Regulations, prepare a health and safety file that complies with the requirements of regulation 12(5) of these Regulations;

(j)review, update and revise the health and safety file from time to time to take account of the work and any changes that have occurred;

(k)if the CDM co-ordinator’s appointment continues to have effect immediately before the project ends, pass the health and safety file to the client at the end of the project;

(l)if a principal designer is appointed, pass the health and safety file and all other relevant health and safety information in the CDM co-ordinator’s possession to the principal designer, as soon as is practicable after the appointment.

(2) The CDM co-ordinator must not arrange for or instruct a worker to carry out or manage design or construction work unless the worker is competent or under the supervision of a competent person.

Duties disapplied pending appointment of principal designer

6.—(1) The duties in regulation 5(1)(a) and (3) do not apply to a project referred to in paragraph 4(1).

(2) The following duties do not apply to a project referred to in paragraph 4(1) until the principal designer is appointed—

(a)the duties in regulation 4(5)(b) and (6)(a);

(b)the duties of the principal designer in regulations 11 and 12(3), (5), (6), (8) and (10).

(3) If a client fails to make the appointment required by paragraph 4(3) the client must fulfil the duties of a principal designer in regulations 11 and 12 on and after 6th October 2015.

Projects with only one contractor

7.  Where a relevant project has only one contractor and the construction phase has started, the contractor must draw up a construction phase plan, or make arrangements for a construction phase plan to be drawn up, under regulation 15(5) and (6) as soon as is practicable after 6th April 2015 and the requirement that the plan must be drawn up prior to setting up a construction site is disapplied.

Savings

8.—(1) Where, immediately before 6th April 2015 there is a principal contractor appointed for a relevant project under regulation 14(2) of the 2007 Regulations, for the purposes of these Regulations that principal contractor is treated on and after 6th April 2015 as having been appointed under regulation 5(1)(b) of these Regulations.

(2) For the purposes of these Regulations, on and after 6th April 2015—

(a)a health and safety file prepared for a relevant project under regulation 20(2)(e) of the 2007 Regulations is treated as a health and safety file prepared under regulation 12(5) of these Regulations;

(b)a construction phase plan drawn up for a relevant project under regulation 23 of the 2007 Regulations is treated as a construction phase plan drawn up under regulation 12(1) or 15(5) of these Regulations;

(c)pre-construction information provided for a relevant project under regulation 10 of the 2007 Regulations is treated as pre-construction information provided under regulation 4(4) of these Regulations;

(d)notice given for a relevant project under regulation 21 of the 2007 Regulations is treated as notice given under regulation 6 of these Regulations.

Regulation 38

SCHEDULE 5Amendments

Description of instrumentReferenceExtent of amendment
(a)

As amended by S.I. 1996/1592 and S.I. 2007/320.

(b)

As amended by S.I. 2007/320 and S.I. 2014/3248 (the latter coming into force on 6th April 2015).

(c)

As amended by S.I. 2007/320.

(d)

As amended by S.I. 2007/320.

(e)

As amended by S.I. 2007/320 and S.I. 2014/469.

(f)

As amended by S.I. 2007/320.

(g)

As amended by S.I. 2007/320.

(h)

As amended by S.I. 2007/320.

(i)

Article 25(2) was inserted by Part 5 of Schedule 12 to the Energy Act 2013 (c.32).

(j)

As amended by S.I. 2007/320 and S.I. 2008/2323.

Factories Act 19611961 c. 34(a)

In section 176(1) in the definition of “building operation” and “work of engineering construction” for “2007 (S.I. 2007/320)” substitute “2015”.

Workplace (Health, Safety

and Welfare) Regulations 1992

S.I. 1992/3004(b)

In regulation 3(1)(b) for “2007” substitute “2015”.

Work in Compressed Air Regulations 1996

S.I. 1996/1656(c)

In regulation 2(1) in the definition of “the 2007 Regulations” substitute “2015” in both places it appears.

In regulation 3(1) for “2007” substitute “2015” and for “2(3)” substitute “6(1)”.

In regulation 5(3) for “2007” substitute “2015”.

In regulation 13(2)(a) for “39, 40 and 44(3) of the 2007” substitute “30, 31 and 35(3) of the 2015”.

In regulation 13(2)(d) for “39(1) of the 2007” substitute “30(1) of the 2015”.

In regulation 14(1) for “41 of the 2007” substitute “32 of the 2015”.

Railway Safety (Miscellaneous Provisions) Regulations 1997S.I. 1997/553(d)

In regulation 2(1) in the definition of “construction work” for “2007” substitute “2015”.

Health and Safety (Enforcing Authority) Regulations 1998S.I. 1998/494(e)

In regulation 2(1) in the definition of “construction work” and “contractor” for “2007” substitute “2015”.

In regulation 2A(5)(a) for “2007” substitute “2015”.

In Schedule 2, paragraph 4(a)(i) for “2(3)” substitute “6(1)” and for “2007” substitute “2015”.

Provision and Use of Work Equipment Regulations 1998S.I. 1998/2306(f)

In regulation 6(5)(e) for “31(4) or 32(2)” substitute “22(4) or 23(2)” and for “2007” substitute “2015”.

Gas Safety (Installation and Use) Regulations 1998S.I. 1998/2451(g)In regulation 2(4)(d) for “2007” substitute “2015”.

Work at Height Regulations 2005

S.I. 2005/735(h)

In regulation 2(1) in the definition of “construction work” for “2007” substitute “2015”.

Regulatory Reform (Fire Safety) Order 2005*S.I. 2005/1541(i)

In article 25(2)(a) for “2007” substitute “2015” and for “46(1)” substitute “36”.

Health and Safety (Enforcing Authority for Railways and other Guided Transport Systems) Regulations 2006S.I. 2006/557(j)In regulation 2(1) in the definitions of “construction work” and “contractor” for “2007” substitute “2015”.
REACH Enforcement Regulations 2008*S.I. 2008/2852

In paragraph 1(d)(i)(aa) of Part 3 of Schedule 3 for “2(3)” substitute “6(1)” and for “2007” substitute “2015”.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013S.I. 2013/1471In regulation 2(1) in the definition of “construction site” for “2007” substitute “2015”.

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