New CDM Regulations 2015 (Britain)

Consultation is taking place to replace the existing Construction (Design and Management) Regulations 2007 (as amended), together with the associated Approved Code of Practice (ACoP), with 2015 Regulations. The document is here.

The proposal is for significant changes in the following areas:
– structural simplification of the Regulations
– replacement of the ACoP with targeted guidance
– replacement of the CDM-c (CDM co-ordinator) role with a new role, that of the ‘principal designer’
– removal of explicit competence requirements and replacing with a specific
requirement for appropriate skills
– addressing areas of the European Directive (temporary and mobile construction sites) in respect of domestic clients
– addressing the threshold for appointment of co-ordinators.

Two thirds or more of fatalities now occur on small sites – sites where fewer than 15 people work – which is the reverse of the historical picture. Thus, the structure of the Regulations is to be changed to make them more straightforward, linear and easier to navigate and understand by operators of small sites. There is to be less duplication – for example the overlap between current Part 2 and Part 3 requirements – and the structure will aim to follow the process of a project more logically.

Pre-construction co-ordination is required by European law (the temporary and mobile construction site directive), but it is not the view of the Government that this function must be conducted by an external contractor.

The proposal is to replace the CDM-c role with a ‘principal designer’ (PD) role. Responsibility for discharging the function is to rest with the individual or business in control of the pre- construction phase. The default position will be that the responsibility for discharging of the function is within the existing project team, facilitating an integrated approach to risk management. It is envisaged that moving away from a default position where an external contractor is appointed will deliver economies of scale.

The Principle Designer (PD) will be responsible for planning, managing and monitoring the pre- construction phase of a project in the same way that the Principal Contractor (PC) is responsible for planning, managing and monitoring the construction phase.

In summary, the PD will be responsible for:
– planning, managing and monitoring the pre-construction phase
– ensuring that where reasonably practicable, risks are eliminated or controlled through design work
– passing information on to the PC
– ensuring co-operation and co-ordination
– ensuring designers comply with their duties
– assisting the client in preparing the pre-construction information
– preparing the health and safety file.

The purpose is to realign the way in which the co-ordination function is delivered, and to ensure it operates as an integral business function rather than a separate and in many cases an externalised add-on.

Other changes are set out in the consultation document.

Consultation ends on 6th June 2014.

Subscribers to the Cardinal Tailored EHS Legislation Registers will have their websystems updated once the Regulations are enacted. In addition, users will be Email Alerted.

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