CDM 2015 draft guidance

On 9 January 2015, the Health and Safety Executive (HSE) published Draft Guidance on The Construction (Design and Management) Regulations 2015.

This provides guidance on the legal requirements for those with duties under the Construction (Design and Management) Regulations 2015 (CDM 2015) which will come into force on 6 April 2015, replacing the CDM 2007 Regulations.

The new guidance will replace the existing Approved Code of Practice (ACOP).

Those with duties under CDM 2015 are:

Clients. (See CDM 2015 client duties)
Designers. (See CDM 2015 designer duties)
Principal designers. (See CDM 2015 principal designer duties)
Principal contractors. (See CDM 2015 principal contractor)
Contractors. (See CDM 2015 contractor duties)
Workers. (See CDM 2015 worker duties)

The key changes introduced by the new Regulations are:

The replacement of the CDM co-ordinator role by a principal designer with responsibility for co-ordination of the pre-construction phase.
Removing the exemption for domestic clients, but passing their duties to the contractor.
Splitting competence assessment into its component parts of skills, knowledge, training and experience, and, if it relates to an organisation, organisational capability.
Changing the threshold for appointment of co-ordinators (principal contractors and principal designers), to require co-ordinators where there is more than one contractor.

The Regulations themselves have also been published in draft form following a period of consultation. The key change between the consultation documents and the draft Regulations is that they contain enhanced transitional provisions to cover projects which are already underway on 6 April 2015, to allow CDM co-ordinators already appointed on projects to remain in post for six months, or to the end of the project, whichever is earlier.

In addition, draft guidance has been produced for the dutyholders by the Construction Industry Advisory Committee (CONIAC) with small businesses in mind:

Philip White, Chief Inspector of Construction at HSE said: “The guidance may be subject to change while the regulations are awaiting parliamentary approval but we want duty holders to have the opportunity to familiarise themselves with the main requirements before they come into force…. In addition we have worked with the industry to produce guidance to assist small businesses. Both sets of guidance complement each other and will help anyone affected by CDM 2015 to prepare for the changes in the law.”