Construction Design Risk Management
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CDM2015 Contractor Duties

PrinDuties

Construction (Design and Management)
Regulations 2015 – Contractor Duties

Regulation 8 – General Duties for the Contractor

1. A designer (including a principal Designer) or contractor (including a principal contractor) appointed to work on a project must have the skills, knowledge and experience, and, if they are an organisation, the organisational capability, necessary to fulfil the role that they are appointed to undertake, in a manner that secures the health and safety of any person affected by the project.

2. A designer or contractor must not accept an appointment to a project unless they fulfil the conditions in paragraph (1)

3. A person who is responsible for appointing a designer or contractor to carry out work on a project must take reasonable steps to satisfy themselves that the designer or contractor fulfils the condition in paragraph (2)

4. A person with a duty or function under these Regulations must 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 to fulfil that duty or function

5. A person working on a project under the control of another must 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

6. Any person who is required by these regulations to provide information or instruction must ensure the information or instruction is comprehensible and provided as soon as is practicable

7. To the extent that they are applicable to a domestic client the duties in paragraphs (3), (4) and (6) must be carried out by the person specified in regulation 7(1). (see Domestic Client link)

Regulation 15 – Duties of Contractors

1. A contractor must not carry out construction work in relation to a project unless satisfied that the client is aware of the duties owed by the client under these regulations

2. A contractor must plan, manage and monitor construction work carried out either by the contractor or by workers under the contractors control, to ensure that, so far as is reasonably practicable, it is carried out without risks to health and safety.

3. Where there is more than one contractor working on a project, a contractor must comply with –

a. Any directions given by the principal designer of the principal contractor; and

b. The parts of the construction phase plan that are relevant to that contractors work on the project

4. If there is only one contractor working on the project, the contractor must take into account the general principles of prevention when –

a. Design, technical and organisational aspects are being decided in order to plan the various items or stages of work which are likely to take place simultaneously or in succession; and

b. Estimating the period of time required to complete the work or work stages

5. If there is only one contractor working on the project, the contractor must draw up a construction phase plan, or make arrangements for a construction phase pan to be drawn up, as soon as is practicable prior to setting up a construction site

6. The Construction phase plan must fulfil the requirements of regulations 12(2)

7. A contractor must not employ or appoint a person to work on a construction site unless that person has, or is in the process of obtaining, the necessary skills, knowledge, training and experience to carry out the tasks allocated to that person in a manner that secures the health and safety of any person working on the construction site.

8. A contractor must provide each worker under their control with appropriate supervision, instructions, and information so that construction work can be carried out, so far as is reasonably practicable, without risks t health and safety.

9. The information provided must include –

a. A suitable site induction, where not already provided by the principal contractor;

b. The procedures to be followed in the event of serious and imminent danger to health and safety;

c. Information on risks to health and safety –

i. Identified by the risk assessment under regulation 3 or the Management regulations

Or

ii. Arising out of the conduct of another contractors undertaking and of which the contractor in control of the worker ought reasonably to be aware; and

d. Any other information necessary to enable the worker to comply with the relevant statutory provisions

10. A contractor must not begin work on a construction site unless reasonable steps have been taken to prevent access by unauthorised persons to that site

11. A contractor must ensure, so far as is reasonably practicable, that the requirements of Schedule 2 are complied with so far as they affect the contractor or any worker under that contractors control.