New CDM Regulations Issued
The Construction (Design and Management) Regulations 2007 (SI 2007 No. 320) were laid before Parliament 15th February 2007 and enter into force on 6 April 2007.
These Regulations revoke and replace the Construction (Design and Management) Regulations 1994 (S.I. 1994/3140) (Parts 2 and 3) and revoke and re-enact, with modifications, the Construction (Health, Safety and Welfare) Regulations 1996 (S.I. 1996/1592) (Part 4), simplifying these Regulations into a single regulatory package.
Parts 2 and 3 set out duties in respect of the planning, management and monitoring of health, safety and welfare in construction projects and of the co-ordination of the performance of these duties by duty holders. Duties applicable to all projects, including duties of clients, designers and contractors, are set out in Part 2. These include a duty on every person working under the control of another to report anything that he is aware is likely to endanger health or safety.
Part 3 imposes additional duties on clients, designers and contractors where the project is notifiable, defined as likely to involve more than 30 days or 500 person days of construction work. These include the duty of the client to appoint a CDM coordinator and a principal contractor, whose particular duties are then set out.
The Regulations are also supported by an Approved Code of Practice (ACoP) and industry-approved guidance. The ACoP was published on 27 February 2007, and priced at £15 (but will not come into force until 6 April 2007). It is available from www.hse.gov.uk.
In light of concerns raised regarding the effect of the Regulations on small and medium sized businesses (SMEs) – particularly small clients, it must be emphasized that the Regulations do not impose new duties on clients. They make explicit what clients should already be doing as a result of existing duties in the Health and Safety at Work etc Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999. Clear, simple guidance for SMEs and clients is being developed by industry, and is currently available through the ACoP. This will be crucial in helping smaller clients, addressing misconceptions and alleviating concerns.
The full text of the regulations, including an explanatory note highlighting the new requirements of the Regulations in comparison to the 1994 CDM Regulations, is available from the OPSI website at: www.opsi.gov.uk/si/si2007/20070320.htm
Source: www.opsi.gov.uk (accessed 05/03/07)