New CDM Regulations came into force on 6 April 2015 but it appears that many in the industry are still not fully up to date with the changes despite the 6 month transitional period ending on 6 October 2015. All projects must now be fully aligned with the new regulations and with breaches of the new rules potentially resulting in criminal liability (for which the maximum penalty is an unlimited fine or 2 years imprisonment (or both)) it is critical to ensure that you are compliant.
This booklet provides detailed and easy to understand information on the changes but if you only have time for a brief summary, in the very least you should ensure you are aware of the following:
1.The CDM co-ordinator is no more. This role has been replaced with that of Principal Designer. Confusingly though the role and duties are not quite the same and the Principal Designer will not necessarily be the contractor who has “designed” the project. His (or her) role will be to manage the pre-construction phase of a project in particular. Contractors should check their PI cover carefully before taking on such a role to ensure they are covered.
2. There is no longer any distinction between domestic and non-domestic clients which brings many domestic projects within the ambit of the regulations when they might previously have been exempt.
3. Check that you are complying with the new notification requirements: HSE must be informed of any project exceeding 500 person days or 30 working days with more than 20 workers working simultaneously at any point.
4. Anyone bound by the 2015 CDM Regulations must ensure that all those involved in the project have the information, instruction, training and supervision required to conduct themselves in a way which is compliant with recommended health and safety practice.
If you are involved in a construction project ensure that those you are working with are fully compliant with the new regulations and that any necessary paperwork has been updated. Better safe than sorry!
The Construction (Design and Management) Regulations 2015 (CDM 2015) came into force on 6 April 2015, replacing CDM 2007. This publication provides guidance on the legal requirements for CDM 2015 and is available to help anyone with duties under the Regulations.