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    HSE ADVISORY GROUP TO DISCUSS REVISION OF CDM 2007

    Competence ‘out’ and domestic clients ‘in’ under Government ‘copy out’ policy?

    A paper regarding future consultation on a revision of the CDM 2007 Regulatory package has been published by HSE. This is in advance of discussion at the Construction Industry Advisory Committee (CONIAC) meeting in June 2012.

    The paper states that since the evaluation of CDM 2007 started, a number of considerations have emerged which suggest that any change should be “more fundamental than those suggested by the evaluation report itself”.

    Guiding principals to be applied

    The Government has published a set of guiding principles which specify how regulations should implement European Directives. A policy of ‘copy out’ should be adopted as a starting point to avoid imposing requirements beyond those contained within the Directive.

    Any change to existing Directive-based legislation – such as CDM 2007 – has to comply with this policy unless there are strong arguments for doing otherwise. The paper to be discussed at CONIAC goes on to add:

    “CDM 2007 goes beyond the TMCSD (the Directive) in a number of ways. The most significant of these is the area of competence, where the evaluation has shown that industry response to the requirements is frequently disproportionate and adds minimal value to health and safety.

    Second, any revision to CDM would need to satisfy the requirements of the European Commission to fully implement Directives. In this regard, CDM 2007 under-implements TMCSD in that it does not impose duties on owner occupiers – so called ‘domestic clients’ (in most situations) by excluding them from the definition of ‘client’.”

    Next steps

    HSE plans to consult publicly on revised regulations in early 2013. The earliest that any new Regulatory package would come into force would be April 2014.

    The revised regulatory package will encompass consideration of the ACoP and guidance framework. A key test will be the role and value the ACoP has in improving standards on smaller projects.

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