Replacement of the Construction Design and Management Regulations 2007
The proposed replacement Regulations will implement the minimum health and safety requirements at temporary or mobile construction sites in Great Britain. This will satisfy those requirements of European Directive 92/57/EEC which are not already implemented by the Work at Height Regulations 2005.
Objective of the consultation
This consultation issued by HSE was seeking views on the proposal to replace the Construction Design and Management Regulations 2007 (CDM 2007) and withdraw the associated Approved Code of Practice. The principal changes proposed are to: make the Regulations more easily understood; create a new principal designer role to replace the CDM co-ordinator; replace the current ACOP with targeted guidance; introduce a generic competence requirement to replace the detailed and prescriptive requirements for individual and corporate competence; align notification requirements under the Regulations with the Directive and apply the Regulations to domestic clients in a proportionate way.
The HSE proposals are intended to support the strategic objectives as set out in Construction 2025, the Government's industrial strategy for construction, of improved coordination, better value for money, improved efficiency and use of technological changes. They are also in line with the wider strategy of reducing regulatory burdens.
These potentially far reaching changes to the legislation should be of interest to anyone with an interest in construction projects, including construction clients, designers, principal contractors, contractors, sub-contractors including those who continue to be self-employed following the recent HMRC rule changes in this area, CDM coordinators, safety representatives and householders as clients for domestic building works. The proposals are therefore relevant to most CIBSE members working in the UK.
To download the consultation document please follow the link below.
CIBSE worked with the Construction Industry Council Health and Safety Committee to develop a response to this consultation.
CIBSE is generally in agreement with the response submitted by the Construction Industry Council (CIC) and thinks that the clarifications suggested by CIC need careful consideration.
CIBSE suggested that the references to the role of the principal designer need further consideration. In particular, the definition of that role should be absolutely clear to all concerned with implementing the proposed regulations. Whilst there is a legal definition in the draft regulations, this definition needs to be very clear to the SME sector, where there is likely to be the greatest need for intervention to encourage compliance or to undertake enforcement.
In relation to the question about an ACoP, CIBSE believes that the SME sector will in some cases only listen to guidance that has the status of an ACoP, otherwise they will wish to do the minimum they think that the regulations permit. Given that this is about ensuring health and safety, that is not a satisfactory state of affairs. CIBSE therefore strongly endorses the concerns raised by CIC in response to Q7.