Construction Design Risk Management
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CDM 2015 New Regulations -Do they affect you?

CDM 2015 : The HSE are proposing a major overhaul of the CDM Regulations.

It is expected that these new regulations will come into force in April 2015.

With our affiliation and membership with the Association for Project Safety we are keeping fully up to speed with these developments. Below is a summary of the lastest News

Update on CDM 2015 progress.

The HSE has undertaken further work to amend the consultation draft regulations.

Firstly, HSE proposes more flexibility in the transitional provisions in order to allow a ‘run off’ period of six months for projects under construction when the revised Regulations come into force. For a substantial majority of projects it will therefore be possible to continue with a CDM co-ordinator until their co-ordination function is no longer required, subject to a six month limit. This should reduce transitional costs for such projects.

Secondly, the provisions relating to domestic clients have been redrafted to improve clarity and further simplify the mechanism by which domestic client duties are assumed by other parties.

Thirdly, HSE has revisited the approach to ‘general duties’ which will replace the detailed competence requirements in CDM 2007. In addition to using terminology which better reflects industry practices, the provision has been amended in order to clarify the responsibilities between the parties appointing designers and contractors and those appointed. The amended provision also introduces the concept of ‘organisational capability’ where appropriate.

HSE has made some other presentational changes to improve clarity and readability of the draft Regulations. Principally these relate to the relationship between the principal designer and principal contractor in relation to the flow of information between them, through which their respective duties with regard to the construction phase plan and the health and safety file have been made clearer. These changes do not substantively alter the requirements of the Regulations.

HSE has amended the impact assessment, with a resulting downward adjustment in the expected cost savings. The impact assessment has now been subject to its ‘final stage’ post-consultation government scrutiny. The outcome of this scrutiny was successful, and the formal opinion is expected to be published in the near future.

Development of guidance material

Both the joint HSE-industry guidance and the HSE-authored ‘L-series’ guidance are now substantively complete in draft form. HSE has sent the six draft HSE-industry guides to CONIAC members. CONIAC will consider whether it is content that industry guidance steering group has produced guidance which is in accordance with its terms of reference at its meeting on 19 November.

HSE’s Publications Governance Group will consider the drafts of all of the guidance at its meeting in November. Whilst the guidance will necessarily remain as draft until the CDM 2015 regulations have been formally laid, HSE plans to publish the draft L-series guidance on the HSE website on 9 January, in keeping with Government policy of issuing such guidance twelve weeks in advance of legislation coming into force. It is expected that the joint HSE-industry guidance will be published on the CITB website at the same time.

Next steps

HSE still expects that the CDM 2015 Regulations will come into force in April 2015. There are, however, still some uncertainties regarding the detailed timings of the various clearances which must precede this

In the meantime if you would like any further guidance please do not hesitate to contact us on 0161 485 8386. You can also click through to this useful link to the APS website for up to date CDM2015 developments.

https://www.aps.org.uk/cdm2015.html

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