What does competence mean under CDM 2015?

What does Regulation 8 of CDM 2015 cover?

Regulation 8 sets out capability requirements for designers and contractors and duties on those who appoint them. It requires capability to be considered in relation to health and safety, the work being carried out and the role being performed. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

In the words of the Regulation itself, a designer (including a principal designer) or contractor (including a principal contractor) appointed to work on a project must have the skills, knowledge and experience, and, if they are an organisation, the organisational capability, necessary to fulfil the role that they are appointed to undertake, in a manner that secures the health and safety of any person affected by the project. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

For individuals, the Regulations focus on skills, knowledge, training and experience. For organisations, organisational capability is also relevant. Read Regulation 15 on legislation.gov.uk: skills, knowledge, training and experience of the people a contractor employs or appoints (opens in a new tab)

Why does CDM no longer rely on a single “competence” test?

The 2015 Regulations moved away from treating competence as a single label or checklist. Instead, they require a more practical assessment of whether people and organisations can actually perform their duties safely and effectively. HSE L153 guidance: Managing health and safety in construction: capability, appointments and proportionate assessment, PDF (opens in a new tab)

That makes the assessment project-specific. A person or organisation that is suitable for one type of project may not automatically be suitable for another with different risks, scale or complexity.

What do skills, knowledge, training and experience mean in practice?

A proportionate capability assessment may consider:

• Relevant technical and professional skills.
• Knowledge of CDM duties and the health and safety risks relevant to the work.
• Training that supports the role being performed.
• Practical experience of similar work, projects or responsibilities.
• Ability to identify and manage foreseeable health and safety risks.
• Evidence that the person can work effectively with other duty holders.

What is organisational capability under CDM?

Where an organisation is appointed, capability is wider than the experience of one named individual. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

The organisation should have suitable policies, systems, resources and arrangements to support the work. That may include sufficient competent people, clear responsibilities, effective supervision, design or construction management processes and the capacity to coordinate with others. HSE L153 guidance: Managing health and safety in construction: capability, appointments and proportionate assessment, PDF (opens in a new tab)

Who has to assess capability?

Anyone appointing a designer or contractor has duties under Regulation 8. They should take reasonable steps to satisfy themselves that the person or organisation being appointed has the necessary capability. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

For clients, this means capability should form part of decisions about appointing designers, contractors, Principal Designers and Principal Contractors. Read Regulation 4 on legislation.gov.uk: client duty to make suitable arrangements for managing a project (opens in a new tab)

What should clients check before making an appointment?

• Does the proposed appointee understand the role and the duties that come with it?
• Do they have relevant skills and technical knowledge?
• Do they have experience that is proportionate to the type and complexity of the project?
• Have they received appropriate training where training is relevant to the role?
• If an organisation is being appointed, does it have suitable organisational capability?
• Does it have enough resource to perform the role effectively?
• Can it coordinate with other designers, contractors and duty holders?
• Is there evidence from similar projects or previous appointments?

Does training prove CDM competence?

No. Training can contribute to knowledge, but a course certificate does not by itself demonstrate that someone has the skills, experience or organisational capability needed for a particular role.

Training is best treated as one part of the evidence considered alongside relevant experience, role-specific knowledge and the ability to apply that knowledge in practice.

Do professional qualifications prove competence?

Professional qualifications and memberships can be useful evidence, but they are not a substitute for assessing whether the appointee is suitable for the actual work.

The relevance of a qualification depends on the role, the project and the risks involved.

How should capability be assessed proportionately?

The assessment should reflect the scale, complexity and risk profile of the work. HSE L153 guidance: Managing health and safety in construction: capability, appointments and proportionate assessment, PDF (opens in a new tab)

A low-risk, straightforward project may justify a relatively simple assessment. A complex project with multiple design interfaces, specialist risks or significant construction hazards will normally require more detailed evidence.

What evidence can be used?

• CVs and role profiles.
• Relevant qualifications and training records.
• Examples of similar projects.
• References or previous performance.
• Professional memberships where relevant.
• Design, construction or health and safety management procedures.
• Organisational charts and proposed project resources.
• Examples of risk-management, coordination or assurance outputs.
• Accident, enforcement or performance information where relevant and proportionate.

Does Regulation 8 apply to Principal Designers and Principal Contractors?

Yes. The client should take reasonable steps to satisfy themselves that proposed Principal Designers and Principal Contractors have the capability needed for their respective roles. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

For a Principal Designer, that includes the ability to plan, manage, monitor and coordinate the pre-construction phase. For a Principal Contractor, it includes the ability to plan, manage, monitor and coordinate the construction phase. Read Regulation 11 on legislation.gov.uk: duties of a principal designer during the pre-construction phase (opens in a new tab)

The comparison of the two roles explains how the pre-construction and construction phases divide between them, which is the starting point for judging what each appointee needs to be capable of. Read Regulation 13 on legislation.gov.uk: duties of a principal contractor during the construction phase (opens in a new tab)

Does Regulation 8 apply to all designers and contractors?

Regulation 8 applies to appointments of designers and contractors, while other CDM provisions also address the capability of people carrying out construction work. The precise statutory wording varies between provisions. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

The capability requirements are not limited to the two principal duty holders. Designers and contractors also need the skills, knowledge, training and experience necessary to carry out the work allocated to them in a way that secures health and safety. Read Regulation 15 on legislation.gov.uk: skills, knowledge, training and experience of the people a contractor employs or appoints (opens in a new tab)

Can an organisation rely on one experienced person?

Not necessarily. Where an organisation is being appointed, organisational capability matters as well as the capability of individuals. Read Regulation 8 on legislation.gov.uk: skills, knowledge, experience and organisational capability, and the duty on appointing parties (opens in a new tab)

A strong individual cannot compensate for an organisation that lacks the resources, systems or arrangements needed to support the work.

How often should capability be reviewed?

Capability should not be treated as a one-off procurement check where circumstances materially change.

If the scope, risks, team or complexity of the project changes significantly, it may be sensible to confirm that the appointed parties still have the resources and capability needed for their duties. The client must maintain and review those arrangements throughout the project. Read Regulation 4 on legislation.gov.uk: client duty to make suitable arrangements for managing a project (opens in a new tab)

Common CDM competence mistakes

Relying on certificates alone

Training records are useful evidence, but they do not prove suitability for every role or project.

Using a generic approved-supplier score

A general supplier approval does not automatically demonstrate capability for a specific CDM appointment.

Ignoring organisational capability

Where a company is appointed, systems, people, resources and management arrangements matter.

Assessing capability after appointment

The purpose of the check is to inform the appointment decision, so it should happen before the work or role is allocated.

Treating all projects the same

The evidence needed should be proportionate to the project’s risks, scale and complexity.

Assuming previous appointment equals current suitability

Past experience is relevant, but the demands of the new project still need to be considered.

CDM capability checklist

• Identify the role and work being appointed.
• Consider the project’s scale, complexity and principal risks.
• Check relevant skills and technical knowledge.
• Check relevant training where appropriate.
• Check practical experience of comparable work.
• Assess organisational capability where an organisation is being appointed.
• Confirm sufficient people and resources are available.
• Check the appointee can coordinate effectively with other duty holders.
• Record the evidence considered and the basis for the appointment.
• Review capability if the project or appointment changes materially.