CDM Regulations Update: Why Change the Construction Regulations?

20th May 2014

Following a recent review of the Construction (Design and Management) Regulations 2007 (CDM 2007), the Health and Safety Executive (HSE) are in the consultation process of revising the regulations and have issued CDM 2015 in draft form for comment.

The landmark change for the way the construction industry was regulated came following the implementation of the Construction (Design and Management) Regulations 1994 (CDM 1994) and the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW). Both of which were implemented from the European Directives.

The implementation of the Regulations significantly changed the way construction was planned and managed, however the industry still remained one of the highest risk industries with a significant number of fatalities and major injuries. CDM 1994 was considered structurally complex and many struggled with the systematic approach and concepts. There were concerns that the Regulations were not delivering and prompted bureaucratic behaviours. The large number of fatalities in the industry led to the industry setting strict targets and the HSE published the Discussion Document ‘Revitalising Health and Safety in Construction’. The debate led to a discussion on the fitness of CDM 1994. A review of the Regulations was completed and followed by consultation with industry and an independent baseline study. CDM 2007 was then proposed and implemented which replaced CDM 1994 and CHSW 1996. It was agreed with Government that following the implementation of CDM 2007 an early review would be completed.

CDM 2007 aimed to simplify the Regulations by placing specific duties on key duty holders, reducing bureaucracy and introducing a new duty holder; the CDM Co-ordinator (CDM-C). The CDM-C replaced the previous Planning Supervisor role as it was considered that the role did not do any planning nor was there a requirement to supervise.

CDM 2007 has seen a reduction in the number of fatalities and major injuries in the industry, however it still remains one of the highest risk industries in which to work, with unacceptable standards, particularly on small sites. It was felt that there has been a split in the industry with large projects positively managing health and safety during construction. However this is not seen to be the same for smaller projects. The role of the CDM-C has been criticised as not always being found to add value to a project due to late appointments, and is often seen to add additional costs to a project. It was also felt that bureaucracy had not reduced and has in fact increased particularly with the way industry has responded to the strict detailed and prescriptive requirements for competency.

To address these issues, the aim of CDM 2015 is to:

  • Maintain or improve worker protection,
  • Simplify the regulatory package,
  • Improve health and safety standards on small construction sites,
  • Implement the Temporary or Mobile Construction Sites Directive (TMCSD) in a proportionate way,
  • Discourage bureaucracy,
  • Meet better regulation principles.

The main changes aim to make the Regulations easier to understand by:

  • replacing the Approved Code of Practice (ACoP) with targeted guidance,
  • replacing the CDM-C with a new role of ‘Principal Designer’,
  • replacing the detailed requirements for individual and corporate competence with more generic requirements,
  • aligning notification requirements with the Directive and,
  • applying the Regulations to domestic clients in a proportionate way.

Currently, the CDM 2007 applies to ALL construction works with additional requirements for notifiable projects. The Regulations are spilt into five parts;

  • Part 1 covers interpretation and application,
  • Part 2 includes general management duties applying to all construction projects,
  • Part 3 sets out additional duties where a project is notifiable,
  • Part 4 covers duties relating to health and safety on construction sites.
  • Part 5 of the regulations covers issues of civil liability, transitional provisions, amendments and revocations of other legislation.

CDM 2015 proposes a simplification to this structure to make the regulations easier to understand. It is intended to do this by creating a linear approach following the process of a project more logically. There will be less duplication between Part 2 and Part 3 as there will be no additional duties for when a project becomes notifiable. It is anticipated that this change to the structure will make the regulations more accessible and relevant to smaller projects.

Principal Contractor and contractor duties remain largely the same as there are no significant changes to Part 4 covering how the construction phase is planned, managed and monitored. The requirements of welfare provisions during the construction phase under Schedule 2 also remain the same.

The definition of construction works remains largely the same with clarification that it does not include pre-construction archaeological investigations.

Replacing the Approved Code of Practice (ACoP) with targeted guidance

CDM 2007 is supported by an ACoP, however it is intended that this will be replaced with targeted guidance. A suite of targeted guidance will support CDM 2015, with clear guidance on interpretation, and material that is particularly aimed at small businesses. The aims are to make guidance more relevant, accessible and easier to read than the existing ACoP. Templates will be produced for health and safety plans for typical projects.

Replacing the CDM-C with a new role of ‘Principal Designer’

CDM 2007 places specific duties on key duty holders; Clients, Designers, Contractors and the requirement for the appointment of a CDM Co-ordinator (CDM-C) and Principal Contractor for notifiable projects.

CDM 2015 removes the CDM-C role and introduces a new role, the Principal Designer. The Principal Designer will be required for all projects. The responsibility for discharging duties will rest with an individual or business in control of the pre-construction phase. The role will have more control over the design phase, this will encourage better planning and better designs whereby risks are designed out.

The Principal Designer 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 Principal Contractor;
  • Ensuring co-operation and co-ordination;
  • Ensuring designers comply with their duties;
  • Assisting the Client in preparing the pre-construction information; and preparing the health and safety file.

The current requirement for the appointment of co-ordinators and for Part 3 requirements of CDM 2007 to apply is the same as the notification threshold (i.e. projects lasting more than 30 days or 500 person days). CDM 2015 intends to change this so that it is in line with the TMCSD. The requirement for the appointment of co-ordinators will be wherever there is more than one contractor appointed. It is proposed that the guidance documents will clearly set out the sensible and proportionate arrangements for co-ordination on smaller projects.

Replacing the detailed requirements for individual and corporate competence with more generic requirements

Following the industry’s bureaucratic response to meeting the requirements of regulation 4 of CDM 2007 for competency, and the detailed framework of competence assessments supported within Appendix 4 of the ACoP, CDM 2015 replaces the explicit requirements for individual competence with new regulation 8 and removes the explicit requirement for corporate competence. CDM 2015 retains the general requirement for competence within new regulation 8 for those appointing others to carry out construction work to ensure that they have received appropriate information, instruction, training and supervision to allow them to work safely.

Aligning notification requirements with the Directive

The notification threshold of a project to require notification to the HSE is changing. Currently, projects lasting more than 30 days or exceeding 500 person days are required to be notified. (i.e. 50 people working on site for 10 days = 500 person days). CDM 2007 requires the CDM-C to notify projects to the HSE. Under CDM 2015, projects lasting more than 30 days AND on which more than 20 workers are working simultaneously or exceeding 500 person days will be required to be notified by the Client. Projects which are notifiable no longer trigger any additional duties.

Applying the Regulations to domestic clients in a proportionate way

Currently CDM 2007 excludes domestic Clients, however TMCSD does not make a distinction between Clients, CDM 2015 aims to address this in a way that is proportionate. The domestic Client exemption is removed and a default position is created whereby duties that would fall on a domestic Client instead fall to the Principal Contractor / Contractor. However regulation 4 also allows domestic Clients the option of appointing a Principal Designer to carry out regulations 5, 7 and 8 and contains a fall-back position if no appointments are made.

The proposed CDM 2015 Regulations also intend to better implement the requirements of the European Directive on the implementation of the minimum safety and health requirements at temporary or mobile construction sites, with the exception where certain requirements are implemented by the Work at Height Regulations 2005. The proposed Regulations support the Government’s strategic objectives of improved co-ordination, better value for money, improved efficiency and use of technological changes in Construction 2025, the Government’s industrial strategy for construction.

The consultation document and the full proposed regulations can be viewed via the HSE website. The consultation ends 6th June 2014. Any comments can be made to the HSE.

The S2 Partnership has put together a briefing note to explain further the proposed changes to CDM regulations. For your copy, please click here.

The S2 Partnership offers advice and assistance on CDM matters. Our specialist consultants offer CDM competency assessments and training courses covering each of the roles of Designer, Client and CDM-C as well as providing a general overview of CDM 2007.

Please do share this bulletin amongst your colleagues to provide an overview of the proposed changes to CDM 2015 – we are also able to offer bespoke training or toolbox talks on the proposed changes and how this may affect you if required – please get in touch.