Who draws up the construction phase plan, and when?
Under the CDM Regulations 2015, the principal contractor, or the only contractor, draws up a construction phase plan before the construction site is set up and keeps it reviewed and updated. The client must make sure a plan is drawn up before the construction phase begins, and the principal designer passes on the relevant information it holds.
The plan, and what feeds it
Binds the principal contractor (reg 12(1), (4)), or the only contractor, as soon as is practicable before setting up the site (reg 15(5)); the client must ensure a plan is drawn up before the construction phase begins (reg 4(5)(a)), and the principal designer must give the principal contractor what it holds that is relevant (reg 12(3)). The plan sets out the health and safety arrangements and site rules and, where applicable, specific measures for the Schedule 3 work involving particular risks, among them burial under earthfalls, falls from height, work near high voltage power lines, drowning, wells, underground earthworks and tunnels, explosives, and assembling or dismantling heavy prefabricated components.
| Duty | Window and section | If missed |
|---|---|---|
| Draw up a construction phase plan during the pre-construction phase and before setting up the construction site, and keep it reviewed and updated throughout the project | none setBefore the site is set up, with no day count, so no window is recorded.reg 4(5)(a), 12(1)-(4), 15(5), 15(6); Sch 3 | an offenceLapsed compliance |
| Provide pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment | none set'As soon as is practicable', with no day count, so no window is recorded; any information these Regulations require must be comprehensible (reg 8(6)).reg 4(4), 8(6), 11(6) | an offenceLapsed compliance |
| Record in writing the arrangements for any demolition or dismantling of a structure before that work begins | none setBefore the work begins, with no day count, so no window is recorded.reg 16(2), 20(1), 20(2) | an offenceLapsed compliance |
| Where an inspection of a supported excavation, cofferdam or caisson finds it unsafe, tell the person it was done for before the end of the shift, and give them a written report within 24 hours | 24 hoursreg 22(4), 22(5), 23(2), 23(3), 24(1), 24(2), 24(4) | an offenceLapsed compliance |
| Keep each excavation, cofferdam or caisson inspection report available for an HSE inspector on site until the construction work is complete, and for 3 months after | 3 monthsreg 24(3) | an offenceLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Draw up a construction phase plan during the pre-construction phase and before setting up the construction site, and keep it reviewed and updated throughout the project
reg 4(5)(a), 12(1)-(4), 15(5), 15(6); Sch 3 · none set · an offence
- Binds the principal contractor (reg 12(1), (4)), or the only contractor, as soon as is practicable before setting up the site (reg 15(5)); the client must ensure a plan is drawn up before the construction phase begins (reg 4(5)(a)), and the principal designer must give the principal contractor what it holds that is relevant (reg 12(3)).
- The plan sets out the health and safety arrangements and site rules and, where applicable, specific measures for the Schedule 3 work involving particular risks, among them burial under earthfalls, falls from height, work near high voltage power lines, drowning, wells, underground earthworks and tunnels, explosives, and assembling or dismantling heavy prefabricated components.
Provide pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment
reg 4(4), 8(6), 11(6) · none set · an offence
- Binds the client (reg 4(4)); the principal designer must assist it and, so far as within its control, provide the information promptly to every designer and contractor (reg 11(6)).
- Pre-construction information is what the client holds or can reasonably obtain about the project, its planning and management, its hazards and any existing health and safety file (reg 2(1)).
Record in writing the arrangements for any demolition or dismantling of a structure before that work begins
reg 16(2), 20(1), 20(2) · none set · an offence
- Part 4 binds a contractor carrying out construction work so far as it affects the contractor, its workers or matters in its control (reg 16(2)).
- The demolition must be planned and carried out to prevent danger, or reduce it as low as reasonably practicable (reg 20(1)).
Where an inspection of a supported excavation, cofferdam or caisson finds it unsafe, tell the person it was done for before the end of the shift, and give them a written report within 24 hours
reg 22(4), 22(5), 23(2), 23(3), 24(1), 24(2), 24(4) · 24 hours · an offence
- A competent person must inspect a supported or battered excavation, or a cofferdam or caisson, at the start of every shift in which work is done, after any event likely to affect its stability, and (for an excavation) after any material falls or is dislodged; work may not proceed until the inspector is satisfied (regs 22(4), 23(2)).
- The report duty arises only where the inspector is not satisfied work can proceed safely, and the 24 hours run from completing the inspection (reg 24(1)(c)); reg 24(1)(b) lists what the report must contain.
- Work must not proceed until the matter is remedied (regs 22(5), 23(3)).
- Whoever controls the inspector must ensure the report is made (reg 24(2)).
Keep each excavation, cofferdam or caisson inspection report available for an HSE inspector on site until the construction work is complete, and for 3 months after
reg 24(3) · 3 months · an offence
- Binds the person on whose behalf the inspection was carried out, who must also send the inspector any extracts or copies the inspector asks for (reg 24(3)(b)).
Who writes it, and what comes after
The plan is the principal contractor's to write. What the project leaves for later work goes into the health and safety file.
What this page is, and is not
It is the section text this library holds for England, from The Construction (Design and Management) Regulations 2015 (Great Britain), Housing Grants, Construction and Regeneration Act 1996, Part II (Construction Contracts) and The Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended for England, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Regulations, the Act, the Scheme and the contract you signed.
Demiton does not yet track English projects. These pages set out the duties; the product does not run these checks on an English job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.