CDM Regulations for Commercial Landscaping and Paving Projects Explained
As landscape and paving contractors, many companies specialise in domestic projects only, and it is commonplace to find information on using The Construction (Design Management) Regulations 2015 (CDM Regs) available from sources such as The Association of Professional Landscapers and The Landscape Library which are intended for the domestic or private customer. All such information will advise on Domestic contracts, which differs from Commercial Works in a one crucial way – the role of the client.
Domestic customers are deemed to have no contractual knowledge, and therefore all responsibility for site safety and working practices, and, once a Designer or Contractor are appointed in writing, all responsibility is automatically transferred to the professional Duty Holder, away from the customer.
Under CDM in commercial projects however, the responsibility for Health & Safety is shared between the Duty Holders, including the client, designer, contractor and key workers on site. All such persons are known as Duty Holders, and should be individually named in the CDM Construction Phase Plan, together with a note of their role within the scheme.
Commercial projects may include landscape construction works for Developers, Local Authorities, Health Centres, Stately Homes (managed by Trustees etc), Sports Clubs, Dental Practices, Hotels and inns, Factories and Showrooms or any other similar venue that is managed by a professional management team. The Principal Duty Holder may be the Managing Director or Company Secretary (dependent on the company structure) who will be a named individual.
Client – the client has the crucial responsibility of ensuring that the project is well, or suitably managed. Their main responsibility is to ensure that competent individuals are appointed into their roles; (Principal Designer and Principal Contractor), are allowing sufficient time and resources, project objectives and providing (or ensuring) that suitable welfare facilities are available for the likely number of staff, including first aid, water and toilets etc. These facilities are usually provided by the Contractor, but the responsibility to ensure they are provided is that of the Commercial Client.
Designer – is appointed by the client, and is responsible for the planning, monitoring and co-ordination of all matters of Health & Safety and welfare during the planning stages of a project.
Contractor – is appointed by the client, and is responsible for the construction and implementation of the project, including meeting CDM requirements, from start to finish.
If the Client fails to appoint the other Duty Holders, they are automatically assumed to retain those legal duties and responsibilities themselves.
