Judith Hackett, Chair of HSE, recently addressed the Westminster Legal Policy Forum (5th December 2013) and had the following to say about the CDM (Construction (Design and Management) Regulations).
“2014 will also see us embark upon some changes to CDM as part of the guidance overhaul. It will not significantly change the technical standards which underpin the Regulations – they are not controversial and have stood the test of time. We are simply intending to streamline their delivery. “The revision which we are preparing to consult upon is underpinned by four priorities: simplify the package to make them easier to understand and comply with; achieve satisfactory transposition of the parent Directive; improve their accessibility for small sites; improve standards of worker protection through the above. “Overall we believe that the revised package will deliver significant savings to businesses through the streamlining of processes and the removal of the CDM co-ordinator role will be much more accessible to those involved on small construction sites due to the simpler structure of the regulations. The production of guidance has the needs of small businesses at its heart to deliver satisfactory transposition of the parent Directive and improve worker protection. “Current plans are for the revised Regulations to come into force in April 2015 and formal consultation is expected to start early in 2014.”
The facts on the proposed CDM changes
The question which follows on from this is what does this mean to you as our clients and to us as your CDM Coordinators? I’ll try to answer this as simply as I can by first presenting some facts.
- The government (rather than the industry or HSE) seem keen to see the role of CDM Coordinator disappear from the regulations.
- The directive from Europe does not explicitly state that the role of CDM Coordinator is required
- The directive does not state that the application of the regulations is restricted to larger projects
- The directive applies,technically, to ALL projects including domestic ones which perhaps just have a single contractor at site.
All of us are used to the spin doctors presenting information in a way that sounds positive but hides some important facts. A headline that reads ‘CDM Regulations slashed’ plays out very well like this. The subheading which reads ‘and all domestic and small projects now under CDM’ doesn’t have quite the same cachet.
So, where are we headed?
The likelihood is that the CDM Coordinator role might no longer exist by early or mid 2015. The likelihood is also that CDM will apply to many, many more projects that it does currently including all domestic projects. The outcome looks to us like large sites doing something very similar to current arrangements and smaller site doing the best they can while the smallest of sites get hit by a flurry of Fee For Intervention (FFI).
The CDM Regulations have not always been popular, we’re under no illusion about that. But, they have been effective and are now pretty well understood by everyone involved in the process and that’s the key benefit and the problem which they set out to tackle.
A change of this magnitude upsets the system to such an extent that you wonder what good might come of it bar a brief headline trumpeting the slashing of another regulation linked to elf and safety.
We’ll keep you updated but expect some CDM changes in 2015.
If you’ve got questions or need support on safety in the industrial, contracting or construction sectors please contact us for sensible and proportionate advice on 01453 800 100
