Construction (Design and Management) Regulations (CDM 2015) Now Approved

Following our update on 14 January relating to CDM 2015, the revised Construction (Design and Management) Regulations were laid before Parliament on 29 January and are due to come into force on 6 April 2015, replacing the existing CDM 2007 regulations.

Only an Early Day Motion (formal motions submitted for debate in the House of Commons) would now prevent them becoming enacted. As previously noted, the HSE’s draft guidance is available for download free of charge (please click here), and is intended to help those who have duties under the regulations to prepare in advance.

The key changes are summarised by the HSE as:

• Principal designer. The replacement of the CDM co-ordinator role (under CDM 2007) by principal designer. This means that the responsibility for coordination of the pre-construction phase – which is crucial to the management of any successful construction project – will rest with an existing member of the design team.
• Client. The new Regulations recognise the influence and importance of the client as the head of the supply chain and they are best placed to set standards throughout a project.
• Competence. This will be split into its component parts of skills, knowledge, training and experience, and – if it relates to an organisation – organisational capability. This will provide clarity and help the industry to both assess and demonstrate that construction project teams have the right attributes to deliver a healthy and safe project.

The technical standards set out in Part 4 of the new Regulations will remain essentially unchanged from those in guidance related to CDM 2007. HSE’s targeting and enforcement policy, as a proportionate and modern regulator, also remains unchanged.

The final version of the legal series guidance to support CDM 2015 will be available on 6 April 2015.

The HSE has also published draft industry guides for the five dutyholders under CDM 2015 and one for workers. These set out what actions are required to deliver a safe and healthy construction project and are available here. As these are also available before the Regulations come into force, they may be subject to change.

As CDM 2015 comes into force on 6 April 2015, the HSE has made transition arrangements which will run from 6 April 2015 to 6 October 2015. The full details of these arrangements can be accessed here.

If you require any advice on CDM and the proposed changes to the regulations then please contact the S₂ Partnership’s specialist consultants.