CDM 2007 Mike Lewis 6 th February 2007

New Construction (Design and Management) Regulations Revisions to the Construction (Design and Management) (CDM) Regulations (1994) (CDM 94) will come into force on 6 th April Construction remains a disproportionately dangerous industry where improvements in health and safety are urgently needed. The improvements require significant and permanent changes in dutyholder attitudes and behaviour.

Why change the Regulations? Since CDM 94 was introduced in 1995, concerns have been raised regarding the complexity and bureaucratic approach of the Regulations. Stakeholders feel that the Regulations do not effectively address the underlying health and safety objectives. These views were supported by an industry- wide consultation in 2002, resulting in HSC’s decision to revise the Regulations.

CDM 2007 and Approved Code of Practice The new, simplified Regulations revise and bring together the existing CDM 1994 and the Construction (Health Safety and Welfare) (CHSW) Regulations 1996 into a single regulatory package. The Regulations will be supported by an ACoP and industry-approved guidance. In order to give construction and design professionals time to plan and prepare for the changes, the ACoP will be available before the Regulations come into force.

AIMS Simplify the regulations and improve clarity; Maximise their flexibility; Focus on planning and management, not ‘The Plan’ and other paperwork; Strengthen requirements on co-operation and co-ordination-encourage better integration; Simplify competence assessment; reduce bureaucracy and raise standards.

New Role – The CDM Co-ordinator The CDM Regulations 2007 replace the role of the Planning Supervisor with the CDM Co-ordinator. The Project Client will be required to appoint a CDM Co-ordinator “as soon as practicable after initial design work or other preparation for construction has begun” (Reg 14, CDM 2007). The primary role of the CDM Co-ordinator will be to assist the Project Client, co-ordinate the planning and design phase; and prepare the health and safety file.

Application No change in that the CDM 2007 Regulations apply to all construction work (domestic and non-domestic); Minor clarification changes to some definitions, e.g. “client”, “construction work” and “structure”.

Notification No change to the definition of a notifiable project. Domestic projects no longer need to be notified.

Demolition Demolition is treated in the same way as any other construction activity,except a written plan is required for all demolition work.

Competence Those appointing or engaging need to ensure dutyholder competence. Dutyholders themselves must ensure they are competent to take on the role. New,simplified assessment (including core criteria) guidelines detailed in the ACoP.

New Duties - Designer New duty to eliminate hazards and reduce remaining risks, so far as is reasonably practicable. New duty to ensure that any workplace they design complies with relevant sections of the Workplace (Health Safety and Welfare) Regulations 1992

New Duties – CDM Co-ordinator Advise and assist the client with their duties; Notify the HSE; Co-ordinate health and safety aspects of design work and cooperate with others involved with the project; Facilitate good communication between client, designers and contractors; Liaise with Principal Contractor regarding ongoing design; and Prepare and update the health and safety file.

New Duties - Client Clients enhanced duty (revised Reg 9, making explicit duties which already existed under HSWA and the Management Regs) to ensure that the arrangements other duty holders have made are sufficient to ensure the health and safety of those working on the project. Clients must tell Principal Contractor and Contractors they appoint how much time they have allowed, before work starts on site, for appointees to plan and prepare for the construction work. Removal of formal provision allowing appointment of Client’s Agent and transfer of CDM liability.

New Duties – Principal Contractor No substantial changes to duties. Must tell those they appoint how much time they have allowed, before work starts on site, for appointees to plan and prepare for the construction work.

New Duties – Contractor No substantial changes to duties. Will be required to plan and manage their own work and tell those they appoint how much time they have allowed, before work starts on site, for them to plan and prepare for the construction work.

Further Information Refer to HSE CDM web page