Update on the CDM Regulations
The new Construction (Design and Management) Regulations 2007 will come into force on 6 April 2007. They do not represent a radically new approach but encourage designers, contractors and clients to design in safety and focus on the most hazardous aspects of the construction process. The new simplified Regulations have come about following concerns within the HSE over the levels of bureaucracy resulting from the implementation of the 1994 Regulations. The intention was to introduce revisions to the Regulations which would refocus attention on effective, but practical, planning and management of construction projects.
The new Regulations are supported by an Approved Code of Practice – Managing Health and Safety in Construction which replaces the Code to the 1994 Regulations.
A number of the important (and, at that time, new) features of the Regulations are being modified in the new Regulations, which will introduce a number of changes, including the client’s, the designers’ and the principal contractor’s duties, enhanced duties for the 'CDM Coordinator', who replaces the planning supervisor, changes to the health and safety plan, much earlier notification of projects and more detailed follow up notification.
It is worth highlighting at this stage that construction projects are either notifiable or non-notifiable. 'Duty holders' on non-notifiable projects have specified minimum obligations.
The key changes
One of the major changes is the replacement of the planning supervisor with the CDM Coordinator. Most of the duties of the existing role remain with certain additions, including a new duty to advise and assist the client in relation to complying with the Regulations. The CDM Coordinator must now be appointed as soon as is practicable after initial design work or other preparation for construction has begun and before the appointment of contractors and designers.
As well as appointing the CDM Coordinator, there are changes to the client’s other duties. The client now has an obligation to take reasonable steps to ensure that suitable arrangements are (and remain) in place for managing the project to ensure that the work can be carried out without risk to health and safety. These arrangements are to include allocation of sufficient time and resources.
A further notable change from the client’s perspective is that it is no longer permitted to appoint a agent to perform the duties of the client.
Designers and the principal contractor must not, now, commence any work unless the client is aware of its duties. In the case of notifiable projects, designers must not commence work, other than initial design, unless a CDM Coordinator has been appointed.
The pre-tender health and safety plan has been replaced with provision instead for the client to ensure that all designers and contractors are provided with detailed pre-construction information for the purpose of ensuring health and safety and to assist those to whom the information is provided to perform their duties and to determine resources.
There are also a number of new general obligations which apply to all parties on whom the new Regulations impose duties (i.e. the client, the designers, the CDM Coordinator and the principal contractor) which are to:
- Seek the cooperation of, and to cooperate with, any other person concerned in any project on the same or an adjoining site to enable one another to perform their respective duties
- Coordinate their activities to ensure, so far as is reasonably practicable, the health and safety of persons carrying out, or affected by, the construction work
- Take account of the general principles of risk prevention in Schedule 1 to the Management of Health and Safety at Work Regulations 1999
It is also worth noting that certain defined items have changed meanings including ‘client’, ‘construction phases’, ‘construction work’, ‘contractor’, ‘design’, ‘place of work’ and ‘structure’.
For more information please contact David Gwillim or Megan Lees.