Introduction
Whilst construction accounts for 6% of the UK workforce it also accounts for 25% of workplace fatalities with annual accident costs estimated at £1,735 million (source; CDM Consultative document cd200).
In March 1995 the CDM Regulations came into force, implementing the Temporary or Mobile Construction Sites Directive (1992/57/EEC). These Regulations were introduced with the aim of improving the management and co-ordination of health and safety throughout all stages of a construction project and imposed new duties on employers, designers and contractors to consider health and safety from initial conception through maintenance and repair onto demolition or extension at some time in the future.
The key aspects of the new duties imposed were for:
- the client was to appoint a competent planning supervisor to coordinate the health and safety aspects of the original design and preparation of the project;
- the planning supervisor was to ensure a pre-tender Health and Safety Plan was produced, and
- the planning supervisor was to ensure a health & safety file was prepared and delivered to the client at the end of the project containing all information for maintenance, repair and alteration / demolition.
It would be true to say that, after an initial period of acclimatisation within the industry, the regulations had a positive effect on safety. However, various shortcomings and loopholes were discovered which have led to the formulation of revised regulations.
Construction (Design and Management) Regulations 2006
With all of these issues in mind, the HSC and the Construction Industry Advisory Committee (CONIAC) drafted the new CDM Regulations which have been made available for comment in the hope that a set of Regulations can be formed that properly address the industry's concerns in relation to health and safety.
The proposed regulations are intended to simplify the current position, setting out precisely what is expected of each duty holder and propose the following main changes:
- Notification: There should only be two types of construction projects: notifiable and non-notifiable.
- Competence: It is suggested that the finalised guidance will refer to industry standards to measure competence, and the HSE has commissioned research to determine good practice.
- Co-operation: The various duties on all duty holders to co-operate have been brought together in a single requirement for all involved in the project to co-operate with others to enable them to carry out their duties.
- Clients: A new general duty on clients to ensure that suitable project management arrangements are in place.
- Planning Supervisors: This role is abolished and a new role of CDM co-ordinator introduced. Clients are responsible to ensure the CDM co-ordinator's duties are carried out and that he has adequate resources to do so. The co-ordinator must be appointed before design works start.
- Mobilisation Periods: To make sure principal contractors have sufficient time to make proper preparations for work on the site, the co-ordinator will advise them of the minimum notice allowed between appointment and commencement of work. The client and the principal contractor are to ensure adequate facilities are in place at the start of the construction phase of the project.
- Pre-tender plan: This will be removed and replaced with a requirement to provide the right information to the right people to allow them to do their job throughout the project. This is called the information pack.
In summary, despite some changes the overall impact is likely to be lower than anticipated. Changes which are due to be implemented are seem justified with the largest changes being the change of title for the Planning Supervisor to the CDM Co-ordinator, the incorporation of the Construction (Health, Safety and Welfare) Regulations and the removal of the pre tender stage safety plan.
The emphasis will be on ensuring competence for the roles within the regulations, notification for projects exceeding 500 person days or 30 days of construction work remain. The issue of the new Approved Code of Practice is imminent and we will be able to advise you further once we are in receipt of this information.
As always, if you have further questions please do contact us for advice.
