The CDM 2007 Regulations came into force on 7 April 2007. These are supported by a new Approved Code of Practice (ACoP) and Industry Guidance is due to be published by various institutes and associations during the next couple of months.
The significant issues:
The new CDM Regulations (CDM 2007) incorporates the CDM 1994 Regulations and the Construction Regulations 1996 into one document.
There is a greater emphasis on the duties of the Client under CDM 2007. Under the current CDM Regulations the Client can transfer their duties onto a Client’s Agent. This role no longer exists under CDM 2007 and the Client can no longer transfer responsibility.
The application of CDM has changed, with the “more than 4 persons on site” rule being removed, so even if there is only one person involved in construction work, the CDM Regulations apply. In future, construction work under 30 days/500 person days on site will not be notifiable and there will be no requirement for a CDM Co-ordinator, Principal Contractor and Construction Phase Health and Safety Plan. However, a written health and safety plan will still be required if there are significant hazards (e.g. demolition) and the Client still has a duty to ensure the works are properly managed with regard to health and safety.
One of the major amendments in CDM 2007 is the change of planning supervisor to the new role of “CDM Co-ordinator”. The new role is to assist clients in discharging their duties, to create an empowered and key advisor, providing advice and support to the Client, as a pivotal figure in the project team.
No person shall appoint or engage any CDM Co-ordinator, Designer, Principal Contractor or Contractor unless they have taken reasonable steps to ensure their competence, for which there are detailed guidelines. Also no person shall accept such an appointment unless they are competent.
In future, on notifiable projects, the CDM Co-ordinator must be appointed (in writing) by the Client and a notice must be given to the Executive (HSE) and signed by or on behalf of the Client, as soon as practical after initial design work or other preparation for construction work has begun. A CDM Co-ordinator is not required on non-notifiable projects, but the Client still has to make arrangements to manage the project without risk to health and safety of any person.
After the Client appoints the CDM Coordinator on notifiable projects, the Client shall appoint a Principal Contractor as soon as practical after the Client knows enough about the project to be able to select a suitable person.
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