Are You a Designer Under CDM? You Might Be Without Realising It...

Under CDM (Construction Design and Management) Regulations, the term "designer" applies to anyone who makes decisions that influence a project’s safety.

That means if you select equipment, specify materials, or make any meaningful decision about how something is built, installed, or maintained, you are technically a designer – even if your job title isn’t!

What Does This Actually Mean?

Being classed as a designer doesn’t mean you're suddenly responsible for the whole project. It simply means you have a duty to consider health and safety in the part of the project you influence.

For example:

●     If you specify a particular type of trench box, you need to ensure it’s appropriate for the ground conditions and can support the required loads safely. However, you’re not responsible for the overall design of the excavation.

●     If you select a specific type of access platform for a shoring system, you need to ensure it’s designed for safe access and egress. But you’re not responsible for the entire system's structural stability.

●     If you specify a particular surface finish for a shoring element, you must consider if it’s safe and suitable for the task at hand, including its impact on maintenance or fireproofing. But you don’t suddenly become responsible for the structural stability of the shoring itself, or the integrity of the excavation it’s supporting.

Where the Confusion Comes In

Many people worry that being called a "designer" means they take on huge liabilities, but CDM holds you responsible only for your specific decisions.

However, misunderstandings can lead to problems, such as:

⚠️ People refusing to acknowledge they’re a designer when they actually are.

⚠️ Being asked to take responsibility for work that isn't directly related to your decisions.

⚠️ Being expected to sign off on check certificates that go beyond your role.

What Are Check Certificates, and Why Do They Matter?

A check certificate is a document confirming that a design has been reviewed and meets required safety and compliance standards. It’s essential paperwork which ensures that temporary works have been properly reviewed by an appropriately competent person to verify that they are safe and fit for purpose.

It’s a designer’s responsibility to:

●     Check for Accuracy: Ensure that all elements within the scope of our work are safe, compliant, and fit for purpose before signing off.

●     Clearly Define Boundaries: Make sure the scope of responsibility is well-defined so that we're only accountable for the aspects we directly influence.

●     Pass on Responsibility: When risks or decisions fall outside an individual's scope, it’s essential to pass responsibility to the appropriate party, ensuring they are properly managed and addressed.

By focusing on these responsibilities, we can ensure that the check certificate process supports safety and compliance while minimising unnecessary risk.

Key Point: CDM works best with clear and definite communication. If in doubt, ask. And be prepared to answer the questions of others.

Often, being clear about what is NOT included is just as important as stating what IS included.

For example, stating clearly that “we have checked the strength of the steel columns, but we cannot assess the overall stability of the embankment upon which they are positioned” is a really helpful cue for the Principal Designer(s) that helps them to perform their duties too.

If you influence a design, material, or method, you’re a designer under CDM – but that only applies to your part of the project.

The most important part of the designer’s role is to communicate clearly with other designers and the Principal Designer to avoid blind spots. Understanding this properly keeps projects compliant and protects you from unnecessary risk.

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