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    CDM REGULATIONS 2015: PROGRESS UPDATE

    Industry body to meet and consider report on progress with CDM 2015

    IMPORTANT UPDATE JANUARY 2015: Regulations now published

    The HSE Construction Industry Advisory Committee (CONIAC) is scheduled to consider a paper – Update on CDM 2015 regulatory project – at an open meeting of CONIAC on 19 November 2014.

    The meeting occurs against a background of increasing speculation that the proposed revision to the CDM Regulations 2007 may not go ahead as planned.

    However, reassurance on the timetable for revision was recently (03 Nov) posted by HSE on the HSE Construction Web Communities Website which stated:

    “The HSE Board considered the outcome of the CDM 2015 consultation on 13 August 2014 and the agreed to the proposals in the paper. The related impact assessment is subject to final clearance before it goes on the website.

    Work continues in relation to finalising the regulations in line the normal Government processes for new secondary legislation. They will become public as and when they are laid in Parliament.

    The plan is still to bring them into force in April 2015 but to have relevant guidance start to appear on the HSE website from January 2015.”

    Amendments made following consultation

    We understand that the paper to CONIAC outlines the following changes made to the proposed regulations in response to the consultation findings:

    • Transitional provisions – more flexibility in order to allow a ‘run off’ period of six months for projects under construction when the revised Regulations come into force. For a substantial majority of projects it will therefore be possible to continue with a CDM-C until their co-ordination function is no longer required, subject to a six month limit;
    • Domestic clients – the provisions relating to domestic clients have been redrafted to improve clarity and further simplify the mechanism by which domestic client duties are assumed by other parties;
    • General duties – the approach to ‘general duties’ which will replace the detailed competence requirements in CDM 2007 has been revisited with terminology which better reflects industry practices. The provision has also been amended in order to clarify the responsibilities between the parties appointing designers and contractors and those appointed. The amended provision also introduces the concept of ‘organisational capability’ where appropriate; and
    • Impact assessment – has been re-examined resulting in downward adjustment in the expected cost savings. The impact assessment has now been subject to its ‘final stage’ post-consultation government scrutiny. The outcome of this scrutiny was successful and the formal opinion is expected to be published in the near future.
    Guidance at advanced stage of preparation

    HSE plans to publish the draft L-series guidance on the HSE website on 9 January 2015, in keeping with Government policy of issuing such guidance twelve weeks in advance of legislation coming into force. It is expected that the joint HSE-industry guidance will be published on the CITB website at the same time.

    The CITB representative on CONIAC, Kevin Fear Head of Environment and Health and Safety Strategy, has explained (Construction News online 10/11) how the CITB are involved in preparing this guidance for all duty holders under CDM stating that:

    “CITB has been asked to take a central role with the production of the industry guidance, which will be written from an industry perspective to help the many SME companies who would, perhaps, be working under the requirements of the CDM regulations for the first time.

    CITB, being viewed as an honest broker by both the HSE and industry, has been asked to co-ordinate and lead a steering group of industry health and safety experts to write guidance for the five new duty holders and an additional piece of guidance specifically for workers, who are not duty holders under CDM but are an important group in their own right.

    A working group chair has been appointed for each duty holder group, client, principal designer, principal contractor, designer and contractor. Each can call on a network of experts from their sector to assist them in the drafting of guidance.

    As the guidance is intended for the SMEs within the industry, CITB’s commitment is to make this guidance freely available via our own website as a pdf download. Care is also being taken to ensure that the guides are viewable on smartphones and tablets.”

    Useful Links

    We have published many other posts on how the requirements of CDM Regulations 2015 can be met by Clients, Designers, Principal Designers/Contractors and Contractors.

    CLICK HERE to view the full range of free information available.

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