A more simple, integrated CDM for 2015?

A more simple, integrated CDM for 2015?
constructionThe HSE has published draft guidance on the Construction (Design and Management) Regulations 2015 (‘CDM 2015’) which also contains a revised draft of the Regulations themselves.  CDM 2015 will come into force 6 April 2015 but is still awaiting parliamentary approval and therefore both the Regulations and the guidance remain subject to change. Final versions of both CDM 2015 and the related HSE guidance will be available on 6 April 2015.

 

CDM 2015 does not make wholesale changes to its predecessor, the Construction (Design and Management) Regulations 2007 (‘CDM 2007’) but the HSE wanted to create a simpler, more integrated approach to risk management.

What are the key changes?

The key changes made by CDM 2015 are:

  • A new role of principal designer is created. The principal designer will be an existing member of the design team and will have responsibility for the pre-construction phase.
  • The CDM Co-ordinator role is to be removed. Under CDM 2015, the role of the CDM Co-ordinator will be split between the principal designer, the client and the principal contractor.
  • The client is given more responsibility. Its extra duties are intended to reflect its ability to set standards for a project and to influence health and safety throughout the life of a project.
  • All of CDM 2015 will apply to projects, whether they are notifiable or not.
  • Notification requirements have been revised. Under CDM 2015, a project needs to be notified to the HSE where it is scheduled to last more than 30 working days and have more than 20 workers on site at the same time (at any point in the project), or where it exceeds 500 person days. This will mean fewer projects will require notification. Also, it has now become the client’s duty to notify, if appropriat

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About the author:

Sarah specialises in non-contentious construction law. She has extensive experience advising contractors, public- and private-sector employers, consultants, developers and banks on construction projects and in relation to construction contracts and their associated documents. Sarah also has experience advising project companies and construction contractors on PFI projects in various sectors. She qualified at CMS Cameron McKenna before joining Trowers & Hamlins. She subsequently spent nearly five years in the construction & engineering team at Pinsent Masons. For three years prior to joining LexisNexis, Sarah was Commercial Legal Adviser at Wates Group Limited, a major contractor, where she provided legal advice to the business units in relation to pre- and post-contractual commercial activities.