4 February 2015
Implementing the CDM Regulations 2015
The new Construction (Design and Management) Regulations 2015 are effective as of 6 April 2015 with a transition period from CDM 2007 until October 2015.
The main changes to the Regulations from CDM 2007 are:
• The CDM co-ordinator role has been replaced by that of the principal designer
• The HSE notification threshold will now only apply to either projects lasting more than 30 working days and involving more than 20 workers simultaneously or projects exceeding more than 500 person days
• All construction projects will require a written construction phase health and safety plan
• Clarifying the provisions relating to domestic clients where their duties are fulfilled by the principal contractor.
The transition period from CDM 2007 to the new Regulations will run until 6 October 2015 during which time the following apply:
• For projects which started before 6 April 2015 where the CDM co-ordinator has already been appointed, a principal designer must be appointed to replace the CDM co-ordinator by 6 October 2015
• In the period it takes to appoint the principal designer, the appointed CDM co-ordinator should comply with the duties contained in Schedule 4 of the CDM Regulations 2015. These duties reflect the existing requirements for the CDM co-ordinator to avoid requiring CDM co-ordinators to act as principal designers, a role for which they may not be equipped
• For projects which started before 6 April 2015 where the CDM co-ordinator has not already been appointed, the client must appoint a principal designer as soon as it is practical.
Industry guides have been produced for the five duty holders under the CDM Regulations 2015 as well as workers setting out in practical terms what is required by each party:
HSE has released ‘L’ series guidance, which provides an outline of the legal requirements that must be adhered to. To assist small and domestic contractors in writing construction phase health and safety plans, HSE has also produced an app in conjunction with CITB entitled ‘CDM Wizard’ as well as a template document. A new ‘signposting’ Approved Code of Practice (ACOP) will be published later this year.
To assist contractors who work on domestic projects, there is a specific information sheet on the Build UK website.
The Joint Contracts Tribunal (JCT) has issued amendment sheets covering the CDM Regulations 2015 for use with the JCT 2011 contracts, which can be found on the JCT website.
Members can receive free advice on the CDM Regulations 2015 via the Health and Safety Helpline provided by Safety Services (UK) Ltd on 0844 249 9874.