New CDM Regulations come into force
The Construction (Design and Management) Regulations 2007 (CDM2007) come into force on the 6th April 2007. As well as consolidating some previous legislation which related to construction work, the new regulations introduce additional duties which the government hope will make them more effective than the previous ones.
As well as making alterations to other legislation CDM2007 replaces the whole of the 1994 CDM Regulations, The Construction (General Provisions) Regulations 1961, The Construction (Health, Safety and Welfare) Regulations 1996, and The Construction (Design and Management)(Amendment) Regulations 2000.
CDM 2007 imposes duties, on various parties (including clients), for both notifiable and non-notifiable construction projects, with additional requirements for notifiable projects. Notifiable project are essentially ones where "the construction phase is likely to involve more than 30 days; or 500 person days of construction work".
Only competent persons must be appointed and arrangements made to ensure prompt provision of information, suitable management of the project (including safety and resources), and that the work can be carried out safely with the necessary welfare provisions. A CDM Co-ordinator and Principal Contractor must be appointed for notifiable projects.
For duties under the regulations to apply to a client the project must, for them, be "in the course or furtherance of a business". For this reason CDM2007 duties do not apply to domestic clients. For clients, the new regulations introduce enhanced duties to ensure that arrangements have been made to manage the project e.g. for the purpose of safety, welfare and the requirements of the regulations, as well as other duties such as the provision of pre-construction information (particularly as regards asbestos). One important change is that clients can no longer transfer their liabilities, under the regulations, to others.
Reasonable steps have to be taken to ensure that CDM Co-ordinators, designers, principal contractor or contractors are competent before they are appointed or engaged. Co-operation and co-ordination is required by all persons involved in a project.
In addition to dealing with designers, planning, providing information, and co-ordinating work the CDM Co-ordinator's (previously the Planning Supervisor) duties will include assisting and advising the client in relation to making appointments and their duties under CDM2007. The Co-ordinator is also responsible to delivering the Health & Safety file, to the client, at the end of the project.
For Designers there are requirements relating to competency, design and safety, co-operation and co-ordination. These duties can apply to various parties who play a role in the project, even clients, as the definition of designer includes "any person who in the course or furtherance of business prepares or modifies a design or arranges or instructs any person under their control to do so".
Designers duties apply to all projects, with the exception of Regulation 18 (which applies to notifiable projects). The need to design for safety and welfare has been reinforced in the regulations. Contractor's duties in relation to safety management, welfare and competence have also been increased.
Having the time, competence and resources for the work involved is an important requirement for all duty holders under CDM2007. The regulations also set out certain things that must have been done, or appointments made, at certain key stages of a project.
The regulations also cover topics such as site security (for health and safety), excavations, electrical cables, prevention of drowning, site traffic management and vehicle movement, fire, flood and asphyxiation safety, fire detection and fire-fighting, emergency procedures, emergency routes and exits, fresh air, temperature and weather protection, lighting, and welfare facilities.
To support the new regulations the Health & Safety Executive (HSE) have published an Approved Code of Practice "Managing health and safety in construction - Construction (Design and Management) Regulations 2007 (CDM) Approved Code of Practice" L144 ISBN 9780717662234. HSE ACoPs have special legal status.