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What might new EU Directive ‘Copy Out’ regulations look like?

HSE has a “well-developed” revised CDM Regulations package and consultative document ready for a 12-week public consultation in the coming weeks with any revised regulations coming into force in October 2014.

A central principle governing new CDM Regulations will be a ‘Copy Out’ of the EU Directive in order to remove and avoid any unnecessary ‘Gold Plating’ of UK law.

In a recent post we reproduced the main requirements of the Directive. So…. as we move towards publication of the draft regulations and consultation what might a ”Copy Out” of the Directive look like?

 UPDATE: CONSULTATIVE DOCUMENT NOW PUBLISHED APRIL 2014

Client responsiblity for project health and safety?

The Directive requires the client to take account of the principles of prevention during the various stages of designing and preparing the project. In particular:

• when deciding architectural, technical and/or organisational aspects; and
• when estimating the period required for completing the work or work stages;

The client must also ensure that a construction site safety and health plan is drawn up before start and take account of the safety and health plans and files.

Coordinators are here to stay?

The client must appoint coordinators for safety and health matters for any construction site on which more than one contractor is present.

Two types of safety and health coordinator are required:

1. Coordinator for the project preparations stage and
2. Coordinator for the project execution stage

Coordinator for project preparation stage?

The preparation stage coordinator must:

• Client duties – coordinate implementation of the client responsibilities;
• Safety and health plan – ensure a safety and health plan is drawn up setting out the rules applicable to the construction site with specific measures concerning certain (specified) work.
• Safety file – prepare a file containing relevant safety and health information to be taken into account during any subsequent works.

Coordinator for project execution stage?

The execution stage coordinator must :

• Principles of prevention and safety – coordinate when technical and/or organisational aspects are being decided to plan the items or stages of work and  when estimating the period required for completing work or work stages;
• Implementation – coordinate to ensure that employers apply the principles in a consistent manner and follow the safety and health plan;
• Safety and health plan – adjust as required to take account of the progress of the work and any changes which have occurred;
• Cooperation – organise cooperation between employers and coordination of their activities;
• Monitoring – coordinate arrangements to check that the working procedures are being implemented correctly; and
• Access to site – take steps to ensure that only authorised person are allowed onto the construction site.

What are ‘designer’ responsibilities under the Directive?

The ‘designer’ does not appear as a specific dutyholder under the Directive. Responsibility for ‘safety through design’ is placed with the project client.

In addition, the Directive states that “where a client has appointed a coordinator …… this does not relieve the client … of his responsibilities in that respect”.

So….  if the draft CDM 2014 Regulations honour the “Copy Out” principles we can expect an interesting consultation period!

This article was posted on 6th August 2013