Facilities Managers have legal duties under the Construction (Design and Management) Regulations 2015 (CDM2015)

2 February 2016

If you have not been made aware of the requirements of CDM2015, and therefore not be complying with your duties under CDM2015, a prosecution could result. The normally understood definition of construction of new build and major refurbishment work of facilities also applies to ongoing maintenance and repair of the facility structures and buildings, building services, utilities and other fixed plant and systems. The following extract from Q&A Briefings – Construction Division - Construction (Design and Management) Regulations 2015 further explains the Health and Safety Executive's interpretation of what is construction.

Does CDM 2015 apply to all maintenance work?

The definition of maintenance work has not changed. If the task in hand looks like construction work, requires construction skills and uses construction materials, it is construction work. General maintenance of fixed plant which mainly involves mechanical adjustments, replacing parts or lubrication is unlikely to be construction work. If the maintenance work is construction work, and there is only one contractor, no PC or PD appointment is required. If more contractors are brought in, then a PC and PD need to be appointed for that particular project. All construction work under CDM 2015 requires planning, but the plan for smaller jobs should be simple, short and proportionate to the risks.

As Facilities Managers, once you arrange for any construction work, including maintenance, repair and re-decoration, to be performed, you are a CLIENT under CDM2015.
If you also specify materials and/or equipment, and/or where they will be installed, you are also a DESIGNER under CDM2015.
If any of your staff perform any of the above types of work, you are also a CONTRACTOR under CDM2015.
You may also perform the duties of PRINCIPAL DESIGNER (PD) and/or PRINCIPAL CONTRACTOR (PC), or be required to appoint others to perform these duties, and make sure that they perform the duties correctly.

If you would like to know more about CDM2015 and get help with your role under the new regulations then please contact a member of the Ai Solutions team for more information on info@aisolutions.co.uk or visit our web site www.aisolutions.co.uk/cdm