CDM 2015: 3-years on 
     Assessing the Construction (Design & Management)  
     Regulations 2015 
         
                              Version 2: April 2020 
        
        
       CDM 2015: 3-years on 
       This ICE research paper examines the CDM (Construction (Design and Management) 
       Regulations 2015), investigating how the new legislation has been received 3-years on from 
       their introduction and discusses its impact upon the construction industry.   
        
       Executive Summary ............................................................................................................................................................... 2 
       Introduction ............................................................................................................................................................................ 4 
       Key Changes 2007 to 2015 ................................................................................................................................................... 7 
       Design Risk Management ...................................................................................................................................................... 9 
       Domestic Clients .................................................................................................................................................................. 11 
       Competence and Training ................................................................................................................................................... 14 
       Documentation .................................................................................................................................................................... 17 
       Terminology ......................................................................................................................................................................... 20 
       How are the 2015 Regulations working? ............................................................................................................................. 22 
       Conclusion and Recommendations ..................................................................................................................................... 25 
       Bibliography ......................................................................................................................................................................... 26 
        
       This second version is a revised paper and replaces all previous versions         
           
       1     CDM 2015: 3-years on (Version 2 – April 2020)                Institution of Civil Engineers is a Registered Charity in 
                                                                          England & Wales (no 210252) and Scotland (SC038629) 
                                                                           
         
        Executive Summary 
        After some 20+ years and 3 iterations, doubts had persisted about certain aspects of the Construction Design 
        & Management (CDM) Regulations, which, anecdotally, were considered by some to be causing inefficiencies 
        and a general lack of Health & Safety enhancement.  
        The CDM 2015 Regulations were introduced with the purpose of improving worker health and safety by helping 
        you to: 
            ◼  sensibly plan the work so the risks involved are managed from start to finish 
            ◼  have the right people for the right job at the right time 
            ◼  cooperate and coordinate your work with others 
            ◼  have the right information about the risks and how they are being managed 
            ◼  communicate this information effectively to those who need to know 
                                                                                                 1
            ◼  consult and engage with workers about the risks and how they are being managed . 
          
        Examples of industry-specific concerns include: 
            ◼  The Power industry – has the designer considered the need for access in extreme weather conditions?  
            ◼  Highways – has the designer considered alternative traffic flows during repairs or accident by providing removable 
                barriers? 
            ◼  Rail – has the designer considered emergency access for repairs in the event of a component failure?  
        Despite the aims of the CDM Regulations, the rationale for ICE to undertake this study was that there appeared 
        to be a mixed approach to how much of the 2015 Regulations were being implemented.  
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        Many parts of industry reportedly still missed the CDM-Coordinator role and expected the Principal Designers  
        to deliver in a similar fashion. Furthermore, Designers were reportedly having concerns with the conflict in their 
        role when acting as both ‘Designer’ and ‘Principal Designer’. Both ‘Principal Designers’ and ‘Designers’ also 
        spoke of their uncertainty over the health and safety competency expectations/requirements and expressed 
        concerns with Regulation 9 (Duties of designers). 
        The study reports on the current practical acceptance and effectiveness of the Regulations.  It highlights areas 
        of continuing concern and generally reflects how industry is coping and working with the revised Regulations.  
        The main conclusions of this study are that, 3 years on: 
                                         
        1 The Construction (Design and Management) Regulations 2015 
        2 Managing Health and Safety in Construction (Design and Management) Regulations 2015 Guidance on Regulations (L153) 
        states that Principal Designers: “are designers appointed by the client in projects involving more than one contractor. They 
        can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role”. L153 further 
        states: “Principal designers are not a direct replacement for CDM coordinators. The range of duties they carry out is different 
        to those undertaken by CDM coordinators under CDM 2007”. 
             
        2       CDM 2015: 3-years on (Version 2 – April 2020)                          Institution of Civil Engineers is a Registered Charity in 
                                                                                       England & Wales (no 210252) and Scotland (SC038629) 
                                                                                        
           
               ◼  the  construction  industry  has  generally  accepted  CDM2015  and  has  adapted  /  is  adapting  to 
                    implementing them; 
               ◼  the domestic client market is one area where compliance is far from universal with, at the lower end of 
                    the market, little or no compliance; 
               ◼  the Principal Designer role is becoming accepted and more architects and engineers are becoming 
                    willing to take on the role; 
               ◼  there is still a wish from some clients for an ‘independent safety expert’ and appointments of Principal 
                    Designers who are not the Lead Designer currently shows little sign of reducing, or alternatively, clients 
                    are appointing a safety professional to carry out what is generally called the Client CDM Advisor role. 
                    This role is not recognised by CDM2015 but is becoming common, particularly on large schemes, where 
                    an oversight role often including site inspections; 
               ◼  there is little evidence of a reduction in paperwork, with designers and contractors appearing to be being 
                    led by their legal departments; 
               ◼  3-years on and there is still a learning curve within the industry with nuances of the wordings of 
                    CDM2015 becoming understood or questioned. 
          What our evaluation told us, was that industry believes that the CDM Regulations weren’t broken and were not 
          in need of fixing. However, the industry will always adapt to embrace new Regulations, but this costs money 
          and time. 
                      The key message that emerged from this research was “Enough changes, we need some stability!” 
          There was also a fondness for the independence of the old CDM-Coordinator role; that is being mimicked by 
          the appointment of independent Principal Designers. Time will tell whether that persists. 
          Legislators need to take heed of these opinions and give the industry time to adapt to allow the new Regulations 
          to be embedded. 
                                                  
                
          3        CDM 2015: 3-years on (Version 2 – April 2020)                                            Institution of Civil Engineers is a Registered Charity in 
                                                                                                            England & Wales (no 210252) and Scotland (SC038629)