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CDM 2015 Consultation - What is Changing? Have your say

31 March 2014

The long anticipated consultation document on the future of the CDM Regulations and ACoP is now out. To read it in full, see CD261 – Consultation on replacement of CDM 2007.

The draft changes will be of interest to clients of construction work (including householders as clients), designers, principal contractors, contractors, sub-contractors including the self-employed, CDM co-ordinators, safety representatives and anyone else with an interest in construction projects.

The Changes – An Overview

The consultation proposes significant changes in the following areas:

1. Significant structural simplification of the Regulations;
2. The replacement of the ACoP with targeted guidance;
3. Replacement of the CDM-C role with a 'principal designer' appointed at the pre-construction phase;
4. Removal of explicit competence requirements and replacing with a specific requirement for appropriate skills;
5. Addressing areas of Temporary or Mobile Construction Sites Directive (TMCSD) relating to domestic clients;
6. The threshold for appointment of co-ordinators.

Apparently, nothing is set in stone but the draft regulations reflect "current thinking".

Timescales

"It is proposed, subject to Ministerial and Parliamentary scrutiny, that the revised Regulations will come into force in April 2015." (HSE, 2014)

Europe

HSE has considered the Temporary or Mobile Construction Sites Directive (TMCSD) and the Government's policy on implementation of EU Directives. The following two issues in CDM 2007 have been identified as requiring "re-alignment":

1. the client definition – the CDM 2007 definition includes 'by way of trade or furtherance of a business' thus excluding 'domestic clients'; and
2. the threshold of appointments (currently contained in Part 3 of CDM 2007) - the requirement to appoint the CDM-C is currently set at the same threshold as for project notification. TMCSD requires it whenever there is more than one contractor.

"The UK remains committed to fully implementing EU Directives and the proposed changes to the Regulations will meet that aim." (HSE, 2014)

Domestic Clients

HSE are proposing to remove the domestic-client exemption, and instead create a default position whereby duties that would fall on a domestic client instead fall to the contractor (or PC where there is more than one).

The Purpose of the Consultation

The consultation seeks views on:

1. the structure of the draft regulations
2. domestic vs non-domestic responsibilities
3. co-ordination roles
4. contractors duties
5. designers duties
6. the concept of competence
7. notification
8. the withdrawal of ACoP
9. The conclusions and assumptions made in the documents impact assessment.

This is chance for you to have your say about the future of the construction industry.

For the full document and the form to respond; click here.

This consultation began on 31 March and ends on 6 June 2014.

Responses should be sent by 6 June 2014.