We are working in a framework agreement on a series of store refit/refurb projects for a retail chain. The client has nominated an individual within their organisation to be named as the PD. This individual is in the client’s design office and they influence the overall format and layout of the stores, to be delivered across all the stores in the refit programme as a whole but do not get involved in the planning of the individual projects. My question is whether the client is wrong to name the person at this high level as PD. Although he influences and prescribes design intent for the overall refit programme, he does not attend each site and is therefore not in a position to influence or co-ordinate H&S on each individual project. I would suggest that surely that falls to the refit project managers, who decide the scope of each refit (subject to cost validation), place the orders and give instructions to the project stakeholders, specialist contractors etc. I would suggest that the client may possibly have received faulty guidance and that they should name PDs on a project by project basis, rather than the one high level individual who does not get involved in the detail of how the project will actually be delivered on site. Before I put my foot in it with the client, what do other forum members think?

Carol Its a good question... I am looking at this from 2 sides. Firstly, in the spirit that CDM was intended you are right. Having someone 'hands off' is never good to ensure that H&S of all parties and having someone on the ground would be much better. From a "have we met the requirements" side of things, I think the duties as laid out in CDM have actually been met. If I was in your shoes, I would be having the discussion with the client of Yes you are ticking the box, but if the proverbial hits the fan you want to make sure you are covered. The PD could be the company rather than the individual and could therefore be represented by the person in the high position for high level decisions with a hands on approach from the guys on site. This might mean a bit of re-wording in the CPP / H&S file and a re sub on the F10 but it will protect the client and the currently nominated PD while providing better H&S for the site. I hope my thoughts help...

I might agree in principle but, the PD whoever they may be can delegate the tasks identified in Reg 11 and as long as those provisions are carried out I cannot see a problem from a legal perspective. I suggest it is a similar concept to the now extinct CDM-C, where he could be an individual or represented by an organisation. Ideally it would be an individual who would have their finger on the pulse...not always the case though.

I don't think the regs require that the PD attend site. The PD has no explicit role on site, since stuff on site is the construction phase, not the pre-construction phase. I'm also slightly perplexed, because it's a frequent grouse that H&S is not taken seriously enough at a high enough level, and here we have a client who is taking it seriously enough that they've decided to appoint someone within their own organisation, and then appointed someone at a high level, and now there's complaint that they haven't appointed someone who is day-in-day-out hands-on enough. I would not expect any PD to be routinely on site do anything there. Things on site are under control of the PC. The only thing I think they've necessarily done wrong is appoint an individual, and it's not really credible to me that an individual can deliver the PD role on all but a trivial site.

I do think your Client needs a heads-up. The PD is not nominated, he is appointed in writing. He is them responsible for coordinating all matters of design at the pre-construction phase, continuing forward to the construction phase where that design is altered and also to catch outstanding matters for the health and safety file. A Client who makes appointment and then by-passes his own arrangements in the way you describe is asking for trouble. CDM2015 still requires the PC to remind the Client of his CDM duties...................