ISSUE 13 DECEMBER 2018
Safer Sphere Today National Award winning CDM Consultants of the Year!
The Principal Designer role explained Safer Sphere takes a look at the Principal Designer role and the misconceptions surrounding the appointment
Wins and Completions See the latest contract wins and completed projects from Safer Sphere
Safer Sphere News We take a look at the latest Safer Sphere news
Plus! THE LATEST NEWS AND INSIGHTS FROM THE CONSTRUCTION INDUSTRY
What's Inside Forward Managing Directors welcome
Wins & Completions Discover our latest contract wins & completions
The Principal Designer role explained Safer Sphere takes a look at the Principal Designer role and the misconceptions surrounding the appointment
Industry News All the latest news in construction
Safer Sphere News We take a look at the latest news at Safer Sphere
Page Guide 03 Forward 04 The Prinicpal Designer role explained 07 Case StudyÂ 08 Health and Safety News 09 Safer Sphere News 11 Wins & Completions 13 Elf & Safety at Christmas
Welcome . . .
Welcome to this month's festive edition of Safer Sphere Today. In this issue, we take a look at the latest health and safety news as well as providing an insight into our business. This month we explore the role of the Principal Designer and the misconceptions of the appointment on our features page. We also take a look at our business wins and project completions as well as exploring one of our projects in more detail in our featured case study. We also have a special Elf and Safety at Christmas article too to get you into the Christmas spirit. Safer Sphere operates nationally from our headquarters in the North West and provides clients with support under CDM 2015. If you have a need for any business or project support please do get in contact with our team. Kindest regards
Mike Forsyth T: 01744 768023 E: email@example.com W: safersphere.co.uk
Principal Designer THE MISCONCEPTIONS OF THE PRINCIPAL DESIGNER ROLE EXPLAINED
SAFER SITE | SAFER SPHERE
A role of a Principal Designer Advisor
The role of a Principal Designer Advisor explained along with the misconceptions surrounding the role With CDM 2015 approaching 4 years in service, we at Safer Sphere are still finding many misinterpretations of the regulations together with incorrectly applied appointments. This can lead to confusion and a lack of compliance with the regulations and their intent.
Key points to consider with this requirement would be:1) The Principal Designer should be a “Designer” in “Control” of the designs for the given stage of the project.
“Designer” is wide-reaching in regulatory definition including Architects, Engineers, Quantity The most common difficulty with CDM 2015 for commercial clients still Surveyors, Project Managers, Contractors (Particularly D&B) and surrounds the appointment and potentially the client. capabilities of a Principal Designer. There is a reluctance for parties to “Control” suggests the party from take on this key role within the above that is leading and Construction Health and Safety, added to complexities surrounding managing the design process able to exert the most influence on a procurement routes and perceived collaborative approach to design delegation of responsibilities. safety. The main duty in this regard, is that An independent CDM consultant, of the client to appoint a Principal Designer for all projects where there whilst maybe having design or construction expertise, would not be are, or likely to be, two or more contractors working simultaneously in control of designs without fulfilling a design management function to on site. 4
the project. With that in mind, it is difficult to see how CDM consultants could fulfil the role directly and begs the question why the CDM Coordinator role was revoked if this was the intent of the HSE. On this basis, Safer Sphere does not offer the Principal Designer function, but that of Principal Designer Advisor in order to support those taking on this challenging role. 2) Competence in the form of Skills, Knowledge, Experience and Training (SKET), must be demonstrated to act in the role of Principal Designer. PAS91:2017 outlines the core and specific criteria required to act as Principal Designer. A client must not make an appointment unless the party are competent, and the appointee must not accept unless competent to deliver the duties. 3) The Principal Designer must be a direct client appointment. safersphere.co.uk
The appointment cannot be delegated to a 3rd party via a consultant or contractor that the Client has appointed in this role. The role can, however, be provided through wider organisational capability as a corporate Principal Designer or by joint venturing with a 3rd party to provide the appointed party with additional skills, knowledge and experience to meet the role requirements. For Example, the architect may be appointed to a scheme under a RIBA lead designer appointment, suggesting they would be in control of design. The client moves to appoint them as Principal Designer on this basis. If the Architect has suitable SKET then they may accept this appointment, if not they could Joint Venture with a 3rd party consultant or specialist. However, the Architect would still be wholly responsible for compliance in delivering the Principal Designer role in the latter scenario. They can of course also confirm that they are not competent to fulfil the duties under CDM 2015 and reject the appointment. Equally, a Design and Build Contractor may be appointed under a JCT D&B contract. Article 5 dictates that if no other party is appointed, the contractor would be the appointed Principal Designer by default. The contractor can also seek assistance through consultancy or 3rd party specialist, but by doing so do not relinquish any responsibility for compliance with the duties and requirements. A key point is that the Principal Designer must be a direct client appointment, and no amount of sub-appointment or consultancy moves away from the legal responsibilities of the party appointed. Professional Indemnity can, however, be provided back to back, to cover any civil claim that may arise in relation to delivering the role with the support of a 3rd party. The reason that this antidelegation is in place is that the client 5
must ensure the party delivering the role is competent. If delegation occurs, then the Client has lost all control of this aspect for which they would be responsible. 4) Procurement and phasing also needs to be considered. Each project will lend itself to a slightly different approach to the strategic positioning of the Principal Designer appointment. It is not a fixed role as the older CDM Coordinator function once was, it can and should move between parties in particular situations, for example, Design and Build contracts let during or following initial design. There may also be enabling packages, separate fit out packages or contracts let that require repositioning of the Principal Designer appointment. 5) Finally, it is a particular point of note, that if the Client fails to make a written or contractual appointment of a Principal Designer, they by default would retain the duties of the Principal Designer. Whilst the Principal Designer appointment comes with different difficulties under CDM 2015, we need not be fearful of it. As an industry we can embrace it, pursue it and with the right approach conquer it providing compliance and best practice H&S management to our projects. On the next page we have provided a basic flowchart to assist with common considerations on Principal Designer appointments. Safer Sphere also offers client support in the role of Client CDM Advisor and can assist with the strategic direction of CDM appointments.
"There is a reluctance for parties to take on this key role" safersphere.co.uk
Principal Designer Appointment
Notes: 1. If no party is appointed in writing or through contract, the client retains the Principal Designer duties. 2. The above flowchart does not cater for phased works that may be required including enabling / demolition, fit-out etc under a separate contract. This may require additional Principal Designer Appointments to be made. 3. If the appointed PD party do not in-house capability or competence to delivery the duties, they can employ the services of a 3rd party to Joint Venture the role in compliance with CDM 2015. 6
Is your project compliant?
CDM Client Support Solutions Safer Sphere has an array of experience in delivering CDM support in accordance with the CDM Regulations 2015 We pride ourselves on delivering above and beyond the call of the CDM Regulations, our integration with the client project delivery teams and support provided to enable best practice solutions. Our delivery model ensures a superior service, competent advice and ultimately a project that meets with the very best practices of Construction Health & Safety. Notify the HSE of the project via a online application Assist with preparation of and advise the client as to the adequacy of the Construction Phase H&S Plan and welfare facilities developed by the Principal Contractor
Advise on and or collate the project Pre-Construction H&S Information Pack on behalf of the client for issue to the project team Monitoring of Principal Designer and Principal Contractor compliance Advise on and/or collate the project H&S File
For additional Client support services contact us today, we are here to support you!
firstname.lastname@example.org Tel: 01744 343011
Leeds Education Partnership & Interserve
January 2016 - August 2017
Principal Designer Advisor & CDM Client Advisor
Leeds SEMH East School
Safer Sphere was appointed in the role of Principle Designer Advisor and CDM Client Advisor on the development of a secondary SEMH school on a vacant site on Brooklands View in Seacroft, The scope of service includes:- Principal Designer Advisor services in line with CDM 2015 Assisting with H&S in designs, buildability and programme to reduce risk profiles Assisting the Client in discharging their duties under CDM Pre-Contract reviews with sub-contractors and packages Reviews of high-risk activities and applicable safe systems of work for enabling packages 7
"As our CDM Client Advisor, Safer Sphere have provided clear advice and assistance at each stage of the SEMH Leeds East project to us. This has saved us valuable time evaluating potential health and safety risks ourselves, and informed our Project"
Advising on compliance with organisational operating procedures and minimum standards Overseeing PD and PC compliance in the construction stage
Service Challenges Whilst the client and design team have led the design with best practice CDM principles, some of the key challenges included:- Specific design requirements due to the nature of the building use and end user Development of safe cleaning, maintenance and plant replacement strategies.
Latest H&S News
Construction firm fined over safety failings A Wiltshire-based construction company has today been fined s after an employee operating a 2.5 tonne dumper drove into a 5-foot-deep excavation.
collapse of the excavation, people falling into it or vehicles being driven into it.
Malcolm Shaun Foyle trading as S Foyle and Son of Malraymer, Duck Street, Steeple, Wiltshire, Swindon Magistrates court heard how, in August pleaded guilty to breaching Section 2(1) of the 2017, Mr Judd was undertaking installation of a Health and Safety at Work etc Act 1974 and French drain and soakaway in a church yard Regulation 4(1) of the Reporting of Injuries, along with roofing work. Mr Judd was involved in Diseases and Dangerous Occurrences the excavation of the sump, which on Regulations 2013. Mr Foyle has been fined completion would be backfilled with aggregate. £1,685 and ordered to pay costs of £1,165.80. In the process of approaching the sump the dumper failed to stop and drove into the Speaking after the hearing, HSE inspector Ian excavation tipping him out of the dumper and Whittles said “The incident could so easily have trapping him. Injuries sustained included a been avoided by simply putting in place the shattered ankle, sheared tibia and fibia and head correct control measures and safe working injuries. practices.” The company failed to report the incident to the Health and Safety Executive (HSE) but a concern was later officially raised with the regulator. The subsequent investigation by HSE found the company had no measures in place to prevent
Building boss fined after roof collapse on resi conversion The director of a construction company has been sentenced after the partial collapse of a building during roofing work. Sheffield Magistrates’ Court heard that, on 24 February 2016, Jason Lycett, a director of principal contractor Brooke Ren Limited was responsible for constructing two, two storey blocks of flats in Barnsley following the demolition of a former public house. Timber roof structures had been constructed for each block but had not been tiled in their entirety. Three roofers had been working on the roof of Block B, transferring tiles from ground level using a tile hoist and distributing the tiles over the surface of the roof, when the tile hoist broke down. Two roofers had alighted the roof and a third was descending a ladder from a scaffold when the roof structure collapsed, demolishing a small wall at eaves level and distorting the scaffold.There were no injuries, but had it not been for the 8
breakdown of the tile hoist, the workers would have been on the roof at the time of its collapse. An HSE investigation found that the company had been informed during the pre-construction phase that the roof structure needed to be designed by a specialist, but this did not happen until after the incident. At the time of the collapse, the structure was not able to withstand the loads which had been applied to it. Brooke Ren Limited pleaded guilty to breaching CDM regulations and Jason Lycett of Sheffield was found guilty of safety breaches and was been fined £30,000 with £7026.58 in costs. Companies House records show Brooke Ren went into liquidation in July. Speaking after the hearing, HSE inspector Alan Sheldon said: “Principal Contractors have an important role in managing health and safety risks during the construction phase, so they must have the skills, knowledge, experience and, where relevant, organisational capability to carry out this work.
"Where directors are found to be negligent in carrying out their roles, they too may face legal proceedings associated with the same health and safety management failings. “Although there were no injuries, matters could have been very different had the workers still been on the roof at the time of its collapse.”
Safer Sphere scoops award for Small Business of the Year Last month it was announced that Safer Sphere had made it into the final of the Pride of St Helens Business Awards. The back tie event took place on the 15th November where it was announced that Safer Sphere had won 'Small Business of the Year'. The Pride of St Helens Business Awards are a celebration of local businesses and what these businesses bring to the town. Mike Forsyth, Managing Director, Safer Sphere said “We were pleased to have made the final but to take
Safer Sphere News
home the award, in what I feel was a very strong category is an amazing achievement. The awards night had so many fantastic businesses from the local area and really highlights the positive impact that these businesses bring to the town and the local economy. All our team are either from St Helens or the surrounding area and this recognition of our business is down to them and the hard work they put in. It was a proud moment to accept this award and we will continue to earn this title by providing the best expert service by the best team.”
Safer Sphere celebrates another successful year! This December Safer Sphere celebrates it's 6th Birthday and what a year it has been for the business. We have had made the final of several industry awards and in September this year, we took home 'CDM Consultant of the Year' at the National APS Awards. The awards continued to come with a surprise win at the Pride of St Helens Business awards in November where we took home the 'Small Business of the year' award. Also this year we added an adittional office located at Princes Dock in Liverpool, gained our Cyber
Essentials and maintained our APS Corporate Accreditation for a further year. We also assisted in something a little different by providing support on the Angel Meadows archaeological dig! 2018 has been a monumental year for Safer Sphere and we look forward to 2019 and what comes next. We would like to thank all our clients and partners for your continued support and we cannot wait to see what 2019 holds!
Lewis Duff appointed on APS Committee Our very own Senior CDM Consultant, Lewis Duff has been successfully elected as the North West committee representative for the Association for Project Safety. The APS is a leading professional institution in the field of construction health and safety risk management and continuously improves and promotes the professional practice of design and construction health and safety risk management.
challenges of implementing CDM 2015 effectively and proportionately, and driving the new focus on health.
The APS plays a leading role in helping the industry meet the many
Lewis said " As a committee member, my aim is to help improve the level of engagement with members and nonmembers alike, assisting in reaching out to the next generation of safety practitioners, ensuring that the organisation is maintained for the future professional."
Wins & Completions
wins & completions Take a look at all of Safer Sphere's new project wins and project completions since our last issue.
Client: Barry's Bootcamp & Recom Solutions Project: Barry's Bootcamp Manchester Service: Principal Designer Advisor & CDM Client Advisor
Client: Bouygues Project: Somerset Manufacturing Facility Service: Principal Designer Advisor 10
Client: ENGIE Project: Blackburn Royal Hospital Service: Principal Designer Advisor
Client: Rayner Rowan Project: Kingsland Grange Service: Principal Designer Advisor & H&S Advisor
Client: Property Alliance Group & Alderley Edge Building Company Project: Knutsford Road Housing Project Service: Principal Designer Advisor & CDM Client Advisor
Client: Recom Solutions Project: Padiham Road Service: Principal Designer Advisor
Wins & Completions
Client: UMC Architects Project: Lidl Head Office, Tolworth Service: Principal Designer Advisor
Client: CPG Development Projects Project: Oxford Road A41 Roadworks Service: Principal Designer Advisor & CDM Client Advisor 11
Client: ENGIE Project: Worcester Hospital Helipad & Car Park Service: Principal Designer Advisor
Client: ENGIE Project: Worcester Hospital Discharge Lounge Service: Principal Designer Advisor
Client: 5Plus Architects Project: 101 Barbirolli fit-out Service: Principal Designer Advisor
Client: 5Plus Architects Project: 100 Barbirolli fit-out Service: Principal Designer Advisor
Festive Feature Special
7 DAYS OF ELF & SAFETY 1
Christmas Lights - If you have old Christmas lights, seriously consider buying new ones, which will meet much higher safety standards. Keep the lights switched off until the Christmas tree is decorated, don't let children play with the lights and remember to switch off the lights when going out of the house or going to bed.
Working at heights - If it is your job to put lights or decorations up outside your home or up high in the office, ensure you have someone with you when you are putting them up, only use a stable ladder and heels are a no no! Also if your neighbour is the competitive type be careful that the ladder isn't 'accidentally' pulled away from you!
Manual Handling – If you are planning on eating that mince pie and drinking that glass of sherry whilst ‘helping’ Santa deliver the presents this Christmas, remember to bend with your knees, swat don't kneel and never twist. If it looks too big, awkward or heavy don't try and lift it. Nobody wants a bad back for Christmas.
Fire Hazards - There are always fire hazards around but Christmas can bring a whole new set of issues from candles, cards, party poppers (which are flammable) to artificial aerosol sprays. Be mindful to keep these items away from heat sources and ensure your candles are fully out before going to bed or leaving the house.
Cooking Dinner / Food Safety - One of the big Christmas Day traditions is the roast turkey, but whatever meat you have this year, ensure it is thoroughly defrosted and cooked properly. When the turkey is done, there will be no pink colour in the juice. If a good vet could bring the bird back then put it back in the oven. If you are unsure try a nut roast!
Children's Toys - Ensure you buy children's gifts for the correct age group and from reputable sources that comply with toy standards (e.g. The Toys (Safety) Regulations 2011) and remember to buy batteries for toys that may require them, don't be tempted to take batteries from items such as smoke alarms, torches and digital cooking thermometers.
Gifts / General Health & Safety - This festive season try and pay attention when your better half drops those gift hints. You might think new socks, a vacuum or dishwasher is a great gift but we advise extreme caution, as the wrath of receiving such gifts might not be good for overall health or safety!
Want to learn in your own time?
Safer Sphere provides a wide range of health and safety training courses, that will ensure your business stays health and safety compliant and helps keep your employees safe. E-learning is the easiest way to gain more knowledge at just a touch of a button. We have e-learning training courses to suit your business’s needs and budget. Some of our courses include:
Fire Safety Training Legionella Training Asbestos Awareness Manual Handling Training DSE Training COSHH Training Abrasive Wheels Training Work at Height Training Safety Awareness Effectiveness
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Safer Sphere CHS Ltd, Victoria House, 15 Pocket Nook Street, St Helens Merseyside, WA9 1LR | 01744 343011 | firstname.lastname@example.org