Revised CDM Regulations due in 2014

Revised CDM Regulations due in 2014

The Health and Safety Executive (HSE) is to produce revised Construction (Design and Management) Regulations by 2014, with a public consultation expected next year. However, details of the package of reforms to the 2007 CDM Regulations will not be made public until a draft package and a consultative document have been submitted and agreed by the HSE Board. According to the HSE, that is not expected to happen until March 2013. The HSE has been looking in detail at the existing version of the CDM Regulations since 2009. Its evaluation was completed in May 2011 but reform was delayed in order to take into account the findings of the Löfstedt Review – an independent report on health and safety legislation published in November 2011- and the government’s Red Tape Challenge initiative. The HSE Board has now agreed that work should now start on simplifying and rationalising CDM 2007 and that reform must take into account three important aspects: Work must be based on ”˜copy out’ (using exactly the same wording) of the European Temporary or Mobile Construction Sites Directive (TMCSD). Any revision to CDM 2007 must satisfy the requirements of the European Commission to fully implement existing Directives. As it stands, CDM 2007 ”˜under-implements’ TMCSD by not including owner occupiers (or ”˜domestic’ clients) in the definition of ”˜client’ for the purposes of the Regulations. A two-tier industry has emerged as far as health and safety on building sites is concerned, with larger sites making significant progress in improving safety but smaller sites continuing to perform poorly. Small sites are disproportionately represented in the official serious and fatal accident statistics and the challenge to provide an effective regulatory framework for these sites remains substantial. Anthony Lees of the HSE’s Construction Policy Unit commented that “What our Inspectors tell us ”“ which the statistics back up ”“ is that there is a stubborn rump of small projects where legal requirements of any kind are pretty much overlooked.” The Construction Industry Advisory Committee (CONIAC) of the HSE reports that any revised regulatory package “will be prepared primarily based on the TMCSD but must avoid a reduction in standards, retain those aspects that add value or enhance them, particularly in regulating smaller projects”. Philip White, HSE Chief Inspector of Construction, whilst speaking at the recent APS Convention said that “the intention will be to simplify the regulations whilst ensuring that revised management arrangements deliver the standards for construction sites about which ”˜there is no argument’.” Asking if a new CDM ACoP would have value, he suggested the use, instead, of guidance ”“ which can paint a broader picture and which can be revised and amended as required. The HSE now plans to consult publicly on the revised regulations early next year. The earliest that any new CDM Regulations will come into force is April 2014.

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