CITB Managers CDM Regulations 2015 — Duty Holders and Responsibilities 3 — Questions and Answers
Question 1: Who has the duty to ensure that the competence of designers and contractors is checked before appointment under CDM 2015?
- The HSE
- The client (Correct answer)
- The principal designer
- The principal contractor
Correct answer: The client
Under CDM 2015, the client must take reasonable steps to ensure that any principal designer, principal contractor, designer, or contractor they appoint has the skills, knowledge, experience, and (where an organisation) the capability to fulfil their role.
Question 2: Under CDM 2015, designers have a duty to:
- Only focus on the aesthetics of the design
- Eliminate foreseeable risks so far as reasonably practicable, and if not, reduce, control, and communicate residual risks (Correct answer)
- Supervise all construction work related to their design
- Approve all method statements on site
Correct answer: Eliminate foreseeable risks so far as reasonably practicable, and if not, reduce, control, and communicate residual risks
Regulation 9 of CDM 2015 requires designers to eliminate foreseeable risks in their designs so far as reasonably practicable, and where risks cannot be eliminated, to reduce or control them and communicate residual risks to those who need the information.
Question 3: What is the purpose of the 'pre-construction phase' under CDM 2015?
- To erect the temporary works and site compound
- To plan, design, and prepare for the construction work — identifying and reducing risks before physical work begins (Correct answer)
- To apply for planning permission
- To select and procure the workforce
Correct answer: To plan, design, and prepare for the construction work — identifying and reducing risks before physical work begins
The pre-construction phase covers all activities before the construction phase begins: design, risk identification, designer coordination, pre-construction information gathering, and planning. It is when the greatest opportunity exists to design out risks permanently.
Question 4: A client is a 'domestic client' under CDM 2015. Which statement about their duties is correct?
- Domestic clients have the same duties as commercial clients
- Domestic clients are largely exempt from CDM duties, which transfer to the contractor or principal contractor by default (Correct answer)
- Domestic clients must appoint a principal designer regardless of project size
- Domestic clients must notify the HSE of all projects
Correct answer: Domestic clients are largely exempt from CDM duties, which transfer to the contractor or principal contractor by default
Domestic clients (private individuals having work done on their own home) have reduced CDM duties. The contractor or principal contractor takes on the client's construction phase duties by default, unless the domestic client agrees that the principal designer takes on those duties.
Question 5: The Construction Phase Plan for a complex project should be a 'live' document. What does this mean?
- It should only be created at the start and then filed
- It must be updated continuously as the project develops, new risks are identified, and work sequences change (Correct answer)
- It should be rewritten monthly
- It only needs updating when the HSE requests a review
Correct answer: It must be updated continuously as the project develops, new risks are identified, and work sequences change
The CPP must be kept under review throughout the construction phase and updated as work progresses, new risks are identified, sequences change, or incidents occur. A CPP that is created at the start and never reviewed is unlikely to meet legal requirements.
Question 6: What action must a principal contractor take if they discover a significant health and safety risk that was not identified in the pre-construction phase?
- Continue work and raise it at the next site meeting
- Stop the work if necessary, assess the risk, implement controls, and update the Construction Phase Plan (Correct answer)
- Notify the HSE before taking any other action
- Pass responsibility back to the principal designer
Correct answer: Stop the work if necessary, assess the risk, implement controls, and update the Construction Phase Plan
When new significant risks emerge during construction, the principal contractor must stop work if required to ensure safety, assess and implement controls, update the CPP to reflect the new risk, and communicate the change to relevant parties.
Who has the duty to ensure that the competence of designers and contractors is checked before appointment under CDM 2015?