The Construction Industry Advisory Committee (CONIAC) advises HSE on the protection of people at work (and others) from hazards to health and safety within the building, civil engineering and engineering construction industry. The membership provides representation from key industry stakeholders (including SMEs).
Since publication of the CDM 2015 Regulations HSE has been in discussions with industry stakeholders on options for any replacement of the CDM 2007 ACOP by exploring stakeholder views on a wide range of options in a neutral way. The meetings have particularly sought views on whether an ACOP would add value to the Regulations and the guidance which supports them currently, and how any benefit could be evidenced and quantified.
New ACOP will take longer than guidance
The July 2015 CONIAC meeting considered a paper entitled – Future of the CDM Approved Code of Practice (ACOP).
The paper explains the principles for producing Approved Codes and states:
“Following discussion with industry stakeholders, HSE proposes to analyse the views expressed alongside these principles. This analysis will also have to take into account wider factors including the Government’s policies on business regulation and plans to cut business red tape by at least £10bn over the next 5 years.
Any proposal for an ACoP will require formal consultation and Ministerial approval (as would any subsequent amendments) which would, amongst other things, require compelling evidence that an ACoP would not introduce unnecessary costs and bureaucracy and would support, particularly, small businesses and growth.
Producing an ACoP would also take considerably longer than other options (such as producing additional guidance in particular areas).”
Way forward and comment
HSE will consider the merits of arguments put forward by all stakeholders and will inform the HSE Board of its conclusions later this year. It is intended that the matter be further discussed at the November 2015 meeting of CONIAC.
Whilst all options are left open our view is that production of new CDM 2015 ACOP now looks increasingly unlikely. A more comprehensive and easily accessible set of Frequently Asked Questions clarifying specific points may be the best way forward.
CDM 2015 Information and Templates
See CDM 2015 Survey Results for the findings of our CDM 2015 Five Minute Online Survey.
We have published a great deal of further information and templates designed to support Clients, Designers, Principal Designers/Contractors and Contractors in meeting their duties under CDM Regulations 2015.