How to assess competency under the Construction (Design and Management) Regulations 2007

The Construction (Design and Management) Regulations 2007 (CDM Regulations) oblige all clients to take reasonable steps to assess the competency of appointees to a project that are 'duty holders' under the CDM Regulations. They must also have undertaken and completed, by 5 April 2008, competency assessments of all planning supervisors and principal contractors originally appointed under the 1994 regulations.

Below are suggested steps that should be taken by clients to assist it in assessing competency which must always focus of the needs of the particular project and be proportionate to the risks, size and complexity of the work:

• In accordance with the duty to appoint a CDM co-ordinator, appoint a CDM co-ordinator at the earliest possible stage (and in any case as soon as practicable after initial design work has begun) and seek written advice from them as to the competency of other appointees.
• Every person involved in the appointment for a project should have their own copy of, or access to Approved Code of Practice (ACoP). There is no substitute for following the guidance set out in ACoP.
• Keep separate files for each duty holder on each project. Ensure that the folder records the steps you have taken and the information you have obtained to assess competence.
• As a minimum, write to every appointee and ask for evidence of competence. Although a standard letter may be used for this purpose it should be amended each time to reflect the role of the appointee and the nuances of the particular project. The letter may set out evidence required (i.e. by reference to the tables at appendix four of ACoP).
• Ask the principal contractor for details as to how it appoints and assesses competence of its sub-contractors and for examples of how it proposes to manage this going forward in the life of the project.
• If the documentation is not complete consider meeting with the appointee (and any party to whom it may sub-contract aspects of their services) to discuss past experience and specific plans and procedures they may put in place for the project.
• When assessing competence, bear in mind the overriding principles of the CDM Regulations e.g. working together, proportionality and the avoidance of unnecessary bureaucracy.
• If appointing a contractor or designer on a regular basis (e.g. by way of a term contract), set up a streamlined system to assess competence for each specific project.

This action was written by Sophie Ellis, solicitor in Wragge & Co's Construction team.