New CDM regulations are due to come into force on 6 April 2015.
The draft Legal (L) Series guidance is on the legal requirements for CDM 2015. It’s being made available before the Regulations come into force on 6 April to help anyone who has duties under the Regulations to prepare in advance.
The draft Regulations within the guidance have been amended following consultation. The Regulations and this draft Legal series guidance may be subject to change while the Regulations are awaiting Parliamentary approval. The final version of the Legal series guidance to support CDM 2015 will be available on 6 April 2015.
What will change?
• Principal designer. The replacement of the CDM co-ordinator role (under CDM 2007) by principal designer. This means that the responsibility for coordination of the pre-construction phase – which is crucial to the management of any successful construction project – will rest with an existing member of the design team.
• Client. The new Regulations recognise the influence and importance of the client as the head of the supply chain and they are best placed to set standards throughout a project.
• Competence. This will be split into its component parts of skills, knowledge, training and experience, and - if it relates to an organisation - organisational capability. This will provide clarity and help the industry to both assess and demonstrate that construction project teams have the right attributes to deliver a healthy and safe project.
The technical standards set out in Part 4 of the new Regulations will remain essentially unchanged from those in guidance related to CDM 2007. HSE’s targeting and enforcement policy, as a proportionate and modern regulator, also remains unchanged.
What does it mean for domestic clients – homeowners?
For the first time, the new CDM Regs will apply to domestic client projects, although client duties will normally be transferred to the contractor or principal contractor, or if the client wishes to make a specific appointment, the designer.
All building and renovation work shown in property development programmes will be covered by the revised CDM Regs.
Draft industry guidance
There are a series of draft industry guides for the five dutyholders under CDM 2015, and one for workers. These are available before the Regulations come into force and may be subject to change.
They set out, in practical terms, what actions are required to deliver a safe and healthy construction project.
HSE will also be working with stakeholders in the entertainments industry to provide specific guidance for these sectors.
Industry guidance for Clients
Industry guidance for Contractors
Industry guidance for Designers
Industry guidance for Principal Contractors
Industry guidance for Principal Designers
Industry guidance for Workers
Transitional arrangements
When CDM 2015 comes into force on 6 April 2015, there will be a transitional period that will run for six months from 6 April 2015 to 6 October 2015.
For projects starting before 6 April 2015, where the construction phase has not yet started and the client has not yet appointed a CDM co-ordinator, the client must appoint a principal designer as soon as it is practicable.
If the CDM co-ordinator has already been appointed, a principal designer must be appointed to replace the CDM co-ordinator by 6 October 2015, unless the project comes to an end before then.
In the period it takes to appoint the principal designer, the appointed CDM co-ordinator should comply with the duties contained in Schedule 4 to the new CDM 2015 Regulations. These duties reflect the existing requirements under CDM 2007 for the CDM co-ordinator rather than requiring CDM co-ordinators to act as principal designers, a role for which they may not be equipped.
CDM Regs 2007
The existing CDM 2007 Regulations and industry guidance will be available until October 2015.
Original Source: HSE
