engineering may not need to be fully conversant

with The Construction (Design and Management)

Regulations (CDM Regulations) it is helpful to be

aware of the new issues relating to the framework of

Health and Safety Regulations relevant to construction projects.

For this reason, an overview of the current position is set out

below.

The CDM Regulations are 10 years old and now the Health and

Safety Commission (HSC) is half way through its four month

consultation on its proposals to revise and consolidate the CDM

Regulations and the Construction (Health, Safety and Welfare)

Regulations 1996 (CHSW Regulations) and revise supporting

guidance.

Background

In 2002 the construction Discussion Document (DD) formally

recognised that all was not as hoped in the industry’s health and

safety performance. Discussions at this stage have led to the

conclusion that for the main part the principles underpinning the

CDM Regulations were accepted. However, the methods adopted

to implement the CDM Regulations often resulted in the principles

being obscured beneath layers of bureaucracy and paperwork.

Given this, the HSC concluded that the CDM Regulations were in

need of revision by refocusing attention on effective, but practical,

planning and management of construction projects. The HSC

produced a consultation paper explaining the proposed changes on

31 March 2005 with the consultation open until 29 July 2005. A

draft set of amended CDM Regulations is included together with a

draft of revisions to the Approved Code of Practice. The HSC

considers it has:

• Simplified and clarified the CDM Regulations allowing duty

holders to know what is expected of them.

• Focused on planning and management and not the plan and

other paperwork to ensure that paperwork and bureaucracy is

minimised.

• Maximised their flexibility so that they will work with the mix of

contractual arrangements.

• Strengthened requirements of co-ordination and co-operation

especially between designers and contractors so to improve

integration.

• Simplified the assessment of an organisations competence.

These new regulations will apply to all notifiable projects in Great

Britain and are intended to achieve the objectives outlined above

whilst maintaining the underlying principles of the existing CDM

Regulations.

Key changes

In summary the proposed key changes to the CDM Regulations

include:

• Application and notification – there will be only two types of

construction projects – notifiable and non notifiable. All

requirements will apply to notifiable projects whilst

requirements relating to appointments, plans and other

paperwork will not apply to non notifiable projects.

• Clients - must now ensure project management arrangements

are made for health and safety by exercising their influence and

control taking into account those who will construct, maintain

and demolish the structure.

• Agents - the provisions on agents will be removed as they are

seen as allowing clients to absolve themselves of their legal

obligations. Several clients on the same project can now agree

amongst themselves that one client should be the sole client.

The aim is to prevent anyone retaining control whilst avoiding

responsibility.

• Planning Supervisor - the role of planning supervisor will be

abolished and replaced with a co-ordinator who advises the

client. Clients must ensure that the co-ordinator.

• performs its duties; and

• is appointed before design work starts.

• Designers – must eliminate hazards where possible and reduce

any remaining risks. Their duties are extended to ensure that

fixed work places (offices, shops and factories) are safe to use.

• Principal Contractor - must now ensure that the construction

phase is managed to ensure completion of the project safely

and without risk to health. There can now be only one principal

contractor on a project.

• Mobilisation:

• Clients must now ensure there are sufficient resources

(including time) which are suitable to ensure that work can

be carried out without risk to health and safety.

• Co-ordinators must inform principal contractors/

contractors that they are appointed and of the minimum

notice they are allowed between appointment and the

commencement of work to prepare for construction of the

work.

• Clients and principal contractors must ensure that

specified welfare facilities are in place at the start of

construction.

• Pre-tender or pre-construction plan – this will be replaced by

an information pack that should focus attention on

communication of the information that designers and

contractors need to plan and do their work.

• Health and safety file – this will be required for a site rather

than for each particular project.

• Demolition – must be planned and carried out in such a

manner as to prevent, so far as is practicable, danger and that

arrangements for demolition work must be recorded in writing.

• Civil liability - employees (but not self-employed workers) will

now be permitted to take action in the civil courts for injuries

resulting from failure to comply with duties under the

Regulations.

With the consultation open until 29 July 2005, the HSE hopes to

have the new regulations and guidance in place by October 2006.

An update will be provided when the consultation has closed. If the

HSE is to achieve this, then it will have a very busy summer!

About George Davies Solicitors

George Davies Solicitors are based in Manchester City Centre.

They specialise in all aspects of law for both companies and

private individuals and boast a substantial property

department within which sits a niche construction team with

experience in a full spectrum of construction law services. The

Head of Construction, Catherine Kay can be contacted on 0161

234 8861 or emailed at catherinekay@georgedavies.co.uk

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