Transcript The CDM Regulations

The CDM Regulations
Sally Roff
Partner
Agenda
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Why change ?
Key changes
Transitional arrangements
Implications
Consultation 2014
The key proposals described were:
 removal of the Approved Code of Practice (ACOP) from
6 April 2015 and its replacement with a suite of sectorspecific guidance aimed principally at SMEs
 removal of the detailed requirements for competence
and replacement with a more generic framework
 replacement of the CDM co-ordinator role with the
Principal Designer
 removal of the domestic client exemption
 changes to notification thresholds
Response
HSE report on the outcome of the consultation:
 1427 replies (one of the largest responses)
 Good degree of support for proposals from within sector
 Limited support for removal of ACoP because it has
legal status which guidance documents might lack.
 Concerns about whether designers would be able to
take on coordinator role
 Changes to notification requirement should reduce
number of notifiable projects
Clients
 Domestic/Commercial Clients
 Clients are obliged to appoint a Principal Designer (a
new designation); and
 appoint a "Principal Contractor" on projects where more
than one contractor is or may be used (more than one
"contractor" would include a main contractor and its
subcontractors as well as multi Main Contractor sites).
 The role of the CDM coordinator is redundant.
 The PD must be a designer and have control over the
pre-construction phase (usually the lead consultant).
Contractors
 If the PD role terminates before the end of the project,
the PC will assume additional duties, including
responsibility for the health and safety file. On some
projects the PC may fulfil the dual role (of PD and PC) if
"competent".
 Principal Contractors also need to be aware of the
transfer of the domestic client duties to them.
 All contractors are now required to produce a health
and safety plan and file, regardless of project size.
Guidance
 On 9 January 2015 the HSE issued draft Guidance on
CDM 2015.
 Includes draft industry guides for the 5 duty holders
under CDM 2015 (Clients, Contractors, Designers,
Principal Contractors, Principal Designers) and for
workers.
 The HSE have emphasised that the Guidance may be
subject to change.
Notification threshold
current requirement is for notification to HSE whenever a
project is expected to last
 (a) more than 30 days, or
 (b) will involve more than 500 person-days of labour.
Notification thresholds
The proposal is to change:
 to ‘more than 30 working days and more than 20
workers simultaneously’ to align with Directive
requirements
 will reduce the number of projects notifiable to HSE by
just under half, or an estimated 60,000 fewer projects
per year.
 BUT: projects undertaken for domestic clients which
meet the notification threshold will no longer be exempt
from notification requirements.
 Will not change for large contractors but will affect
SMEs
Competence
 The Regulations have removed the competency
requirement, replacing it with ‘skills, knowledge and
experience’.
 due weight should be given to an established
professional institution or body. For example, bodies in
which health and safety forms part of their route to
membership.
 Regulation 8 arguably imposes a duty on a Designer or
Contractor not to accept an appointment to a project
unless they possess the skills, knowledge and
experience to fulfil the role.
Transitional arrangements
 The following transitional arrangements have been put
in place to run for six months from 6 April 2015 to 6
October 2015: On projects commenced before 6 April 2015, where the
construction phase has not yet started and the client
has not yet appointed a CDM-co-ordinator, the client
must appoint a Principal Designer as soon as it is
practicable.
Transitional arrangements
 If the CDM Co-ordinator has already been appointed, a
Principal Designer must be appointed to replace the
CDM Co-ordinator by 6 October 2015, unless the
project comes to an end before that date.
 In the period it takes to appoint the Principal Designer,
the appointed CDM Co-ordinator should comply with
the duties contained in Schedule 4 to the new CDM
2015 Regulations.
Implications
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Principal Designer duties require new skills
Principal Contractor – greater accountability?
SMEs playing catch up?
No change to HSE’s target areas for enforcement