Clients

Yes. Property developers are carrying out work in the furtherance of a business, and therefore they are ‘clients’ under the Regulations. They may also have additional roles and duties if they manage or carry out the construction work themselves.

You need to make sure that:

• designers, contractors and other team members that you engage are competent, adequately resourced and appointed early enough for the work they have to do
• you allow sufficient time for each stage of the project, from concept onwards
• you co-operate with others involved with the project to allow other dutyholders to comply with their duties under the Regulations
• you co-ordinate your own work with others involved with the project to ensure the safety of those carrying out the construction work, and others who may be affected by it
• there are suitable management arrangements in place throughout the project to make sure the construction work can be carried out safely and without risk to health – this does not mean managing the work yourself, as it is unlikely that clients have the expertise and resources needed, and it can cause confusion
• your contractors have made arrangements for suitable welfare facilities to be provided from the   start and throughout the construction phase
• any fixed workplaces (eg offices, shops, factories, schools) which are to be constructed will comply, in respect of their design and the materials used, with any requirements of the Workplace (Health, Safety and Welfare) Regulations 1992
• relevant information likely to be needed by designers, contractors or others to plan and   manage their work is passed to them

You will need suitable arrangements to ensure:

• clarity of roles, functions and responsibilities for members of the project team, so everyone knows who does what
• those appointed by you have sufficient time and resource to comply with their duties
• there is good communication, co-ordination and co-operation between members of the project team (eg between designers and contractors)
• your designers can confirm their designs (and any design changes) have taken account of the requirements of regulation 11 of the CDM Regulations (Designers’ duties), and that the different design elements will work together in a way which does not create risks to the health and safety of those constructing, using or maintaining the structure
• your contractors are provided with the pre-construction information
• your contractors can confirm that health and safety standards on site will be controlled and monitored, and that welfare facilities will be provided for the duration of the construction phase

These arrangements should focus on the needs of the particular job and be proportionate to the risk arising from the work. They will mainly be made by others in the project team, such as designers and contractors. Before they start work, a good way of checking is to ask the relevant members of the team to explain their arrangements, or to ask for examples of how they will manage these issues during the life of the project. When discussing roles and responsibilities on simple projects all that may be needed is a simple list of who does what.

No. Health and safety on site is a matter for the contractor, and the duty to reduce risks through design is a duty of the designer. Clients simply have to make sure that the initial project management arrangements are maintained. Do this by seeking assurance from the designer and contractor. For a non-notifiable job, simple enquiries will be enough to check that arrangements are in place to ensure:

• adequate protection for the client’s workers and/or members of the public, if appropriate for the project
• adequate welfare facilities have been provided by the contractor
• good ongoing co-operation and communication between designers and contractors
• project management arrangements agreed by the contractor to control key risks on site have been implemented
• you do not need to get involved with the day-to-day running of the project. There is no obligation for a client to visit the site. If you feel you need advice then it is likely to be available from the competent person you have appointed under the Management of Health and Safety at Work Regulations 1999

For projects lasting longer than 30 days, or involving more than 500 person days of construction work, clients must appoint a CDM co-ordinator. Their primary function is to advise the client. The CDM co-ordinator will be able to advise the client on the appointment of competent dutyholders – assessing the adequacy of other team members’ management arrangements for the project, and the adequacy of the health and safety plan. The client is entitled to rely on the advice of the CDM co-ordinator when making their judgements.

Clients can engage someone to carry out some of the client functions on their behalf, but the legal responsibility for compliance with the Regulations stays with the client. This is the same as for any other health and safety regulation.

A client can ask someone else to manage the construction project on their behalf and carry out the functions of the client, but the client still remains liable for meeting the client duties – as applies to any other health and safety responsibility. The role of client is determined by who originates the project and is at the head of the procurement chain, and not by an appointment to that role. A client cannot contract someone who is not already a client for that project, to take over as the client.

Yes. You need to provide those bidding for the work (or those preparing to carry out the work) with relevant information in your possession, or with information that can be obtained by sensible enquiries, including surveys and other investigations where necessary. This allows those bidding or preparing for the work to consider these hazards when making their bids or plans, and allows them to allocate resources to control the risks that will arise from these hazards. The level of detail should be proportionate to the risks involved in the project.

Yes. You must provide this information so that those planning or bidding for the work can allocate resources for the control of asbestos. You should already hold information about the presence or otherwise of asbestos but, if you have no information, you should arrange for a Type 3 survey to be carried out by a competent person. This is particularly important where the project involves demolition.  It is not acceptable, for example, to inform others that ‘…there may be asbestos present on the site’.  You must carry out a survey that identifies whether asbestos is present and, if so, where it is situated and what type it is.

The CDM Regulations make a distinction between construction clients (ie those who commission construction work) who are ‘domestic’ and those considered ‘non-domestic’. Domestic clients – for example householders having work done on their own home – do not have any duties under the Regulations. Where there is an organisation or an ‘undertaking’ commissioning construction work – such as a scout group – whether for profit or not, they are required to comply with the client duties set out in the Regulations. Included within these duties are for clients to make sure that the contractors they appoint are competent. For projects that will last for more than 30 construction days, or 500 person days of construction work, there are additional requirements. They must notify HSE that the construction project is taking place, and appoint a CDM co-ordinator to assist them and other dutyholders in complying with their legal duties – particularly in dealing with health and safety issues in the planning phase of the project. The section on Client duties contains further useful information.

See the free download of the ACoP, HSE publication L144 (clients) and related industry guidance.

Property developers are carrying out work in furtherance of a business and are therefore clients under the Regulations. See HSE’s Property developers web pages, the free download of the ACoP, HSE publication L144 (clients) and related industry guidance.