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Basis of new CDM Regulations Explained

22 April 2013

HSE recently presented the revision to the CDM 2007 Regulations to CONIAC. A summary and the detail of the related EU Directive are...

On March 13th 2013 the Construction Industry Advisory Committee (CONIAC) received a presentation from HSE on the revision to the CDM 2007 Regulations. The presentation has now been published on the HSE website - CDM Revised Regulatory Package Update.

The declared objectives of the new regulations are:

• Implementation - current law 'under-implements' since there are no duties on 'domestic clients';
• Simplification - the new package must be more user-friendly and less bureaucratic;
• Roles - align roles more accurately with the EU Directive requirements;
• Cost and bureaucracy - aim is to produce cost savings for businesses and less 'bureaucracy';
• SMEs - new regulations should improve compliance of SMEs; and
• Regulatory impact - regulations must meet better regulation principles.

The central principle governing the new CDM Regulations will be meeting the requirements set out by the related EU Directive. To aid readers, the main requirements of the Directive are reproduced below with key definitions and obligations underlined.

So what will this mean to those involved in CDM projects? Until we have the finer detail there doesn't look as though there is anything too complicated; however we need to know what impact the new regulations will have for those of us who are either Clients, CDM-C's, Designers or Contractors.

There were concerns that things would change for the worse; we don't believe this will be the case as the pragmatic approach the HSE is taking means things will be structured; they will only change things that require it (if it isn't broken don't fix it strategy). We look forward to the changes as we believe things will be improved in the long run.

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Main Requirements of EU Directive

Article 2 Definitions

For the purposes of this Directive:

(a) 'temporary or mobile construction sites' (hereinafter referred to as 'construction sites') means any construction site at which building or civil engineering works are carried out; a non-exhaustive list of such works is given in Annex I;

(b) 'client' means any natural or legal person for whom a project is carried out;

(c) 'project supervisor' means any natural or legal person responsible for the design and/or execution and/or supervision of the execution of a project, acting on behalf of the client;

(d) 'self-employed person' means any person other than those referred to in Article 3 (a) and (b) of Directive 89/391/EEC whose professional activity contributes to the completion of a project;

(e) 'coordinator for safety and health matters at the project preparations stage' means any natural or legal person entrusted by the client and/or project supervisor, during preparation of the project design, with performing the duties referred to in Article 5;

(f) 'coordinator for safety and health matters at the project execution stage' means any natural or legal person entrusted by the client and/or project supervisor, during execution of the project, with performing the duties referred to in Article 6.

Article 3 Appointment of coordinators - Safety and health plan - Prior notice

1. The client or the project supervisor shall appoint one or more coordinators for safety and health matters, as defined in Article 2 (e) and (f), for any construction site on which more than one contractor is present.

2. The client or the project supervisor shall ensure that prior to the setting up of a construction site a safety and health plan is drawn up in accordance with Article 5 (b).

The Member States may, after consulting both management and the workforce, allow derogations from the provisions of the first paragraph, except where the work concerned involves particular risks as listed in Annex II.

3. In the case of constructions sites:

-on which work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or

- on which the volume of work is scheduled to exceed 500 person-days, the client or the project supervisor shall communicate a prior notice drawn up in accordance with Annex III to the competent authorities before work starts.

The prior notice must be clearly displayed on the construction site and, if necessary, periodically updated.

Article 4 - Project preparation stage: general principles

The project supervisor, or where appropriate the client, shall take account of the general principles of prevention concerning safety and health referred to in Directive 89/391/EEC during the various stages of designing and preparing the project, in particular:

- when architectural, technical and/or organizational aspects are being decided, in order to plan the various items or stages of work which are to take place simultaneously or in succession,

- when estimating the period required for completing such work or work stages. Account shall also be taken, each time this appears necessary, of all safety and health plans and of files drawn up in accordance with Article 5 (b) or (c) or adjusted in accordance with Article 6 (c).

Article 5 - Project preparation stage: duties of coordinators

The coordinator(s) for safety and health matters during the project preparation stage appointed in accordance with Article 3 (1) shall:

(a) coordinate implementation of the provisions of Article 4;

(b) draw up, or cause to be draw up, a safety and health plan setting out the rules applicable to the construction site concerned, taking into account where necessary the industrial activities taking place on the site; this plan must also include specific measures concerning work which falls within one or more of the categories of Annex II;

(c) prepare a file appropriate to the characteristics of the project containing relevant safety and health information to be taken into account during any subsequent works.

Article 6 - Project execution stage: duties of coordinators

The coordinator(s) for safety and health matters during the project execution stage appointed in accordance with Article 3 (1) shall:

(a) coordinate implementation of the general principles of prevention and safety:

- when technical and/or organizational aspects are being decided, in order to plan the various items or stages of work which are to take place simultaneously or in succession,

- when estimating the period required for completing such work or work stages;

(b) coordinate implementation of the relevant provisions in order to ensure that employers and, if necessary for the protection of workers, self-employed persons:

- apply the principles referred to in Article 8 in a consistent manner,

- where required, follow the safety and health plan referred to in Article 5 (b);

(c) make, or cause to be made, any adjustments required to the safety and health plan referred to in Article 5 (b) and the file referred to in Article 5 (c) to take account of the progress of the work and any changes which have occurred;

(d) organize cooperation between employers, including successive employers on the same site, coordination of their activities with a view to protecting workers and preventing accidents and occupational health hazards and reciprocal information as provided for in Article 6 (4) of Directive 89/391/EEC, ensuring that self-employed persons are brought into this process where necessary;

(e) coordinate arrangements to check that the working procedures are being implemented correctly;

(f) take the steps necessary to ensure that only authorized person are allowed onto the construction site.

Article 7 - Responsibilities of clients, project supervisors and employers

1. Where a client or project supervisor has appointed a coordinator or coordinators to perform the duties referred to in Articles 5 and 6, this does not relieve the client or project supervisor of his responsibilities in that respect.

2. The implementation of Articles 5 and 6, and of paragraph 1 of this Article shall not affect the principle of employers' responsibility as provided for in Directive 89/391/EEC.

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