HSE announces date for the introduction of the new CDM Regulations
Since 2002 the HSC has been threatening the construction industry with a new set of Construction (Design and Management) Regulations (“CDM Regs”). After a number of delays the HSE has just announced that the revised CDM Regs will be implemented in Spring 2007.
History
After an initial consultation period the HSC discovered that there was a groundswell of support for a change to the existing CDM Regs within the construction industry. The HSC then published the draft CDM Regulations 2006 in April 2005. There was a 5 month consultation period for people to comment on the regulations and suggest improvements. The HSC have now issued a document summarising their responses and a list of proposed revisals in light of these.
CDM Regs apply to all construction work and is widely defined as “the carrying out of any buildings, civil engineering or engineering construction work” and includes repair, redecoration, cleaning etc. The intention behind these is to promote the safe design and construction of buildings with criminal prosecutions of those parties who fail to comply with these regulations.
The existing CDM Regs impose regulations on clients, designers, planning supervisors and contractors and while the new CDM Regs do not seek to change this, they do place more emphasis on the client dealing with health & safety as early on in the project as possible. The client now has to notify the principal contractor of the minimum notice period for mobilisation in order that the principal contractor has sufficient time to plan and prepare and health and safety considerations are not neglected due to lack of time.
However the main change is that a planning supervisor will be replaced with a co-ordinator who will have the same duties i.e.
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Ensure the project is notified to HSE
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Ensure the design refers to Health and Safety management and has adequate information regarding the structure and materials
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Ensure co-ordination between designers
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Give adequate advice to clients regarding competence of contractor
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Ensure preparation of Health and Safety file and this is delivered to client on completion of the project.
There are now however a couple of extra duties:
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Ensure the client has allocated adequate resources
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Support and educate the client
The main difference is in relation to the timing of appointment - the client requires to appoint a co-ordinator at the very beginning of a project and there is a corresponding duty on designers and contractors to ensure there is a co-ordinator appointed before they begin work.
However the principal contractor is now explicitly given a key role in managing the construction phase, and to ensure that work is carried out so far as possible safely and without risk to health. He also has a duty to promote worker consultation so that workers are aware of what is happening on site.
The emphasis of the CDM Regs has moved from paperwork to the provision of information and co-ordination between all parties in order that everyone works together as a team.
FOR FURTHER INFORMATION PLEASE CONTACT: KIRSTEEN MILNE
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