The CDM Regulations 2015 - one year on

The CDM Regulations 2015 - one year on
 As the one-year anniversary of the Construction (Design and Management) Regulations 2015 (‘CDM Regulations 2015’) approaches, Gillian Birkby, head of construction at Fladgate LLP, explores how the regulations have been working in practice, including the principal designer role and the absence of an Approved Code of Practice.

(A checklist setting out the changes that were introduced by the CDM Regulations can is available in our free downloads area).

Have the CDM Regulations 2015 generally been received positively by the industry?

There has been a mixed response to the CDM Regulations 2015, partly because many people had become comfortable with the Construction (Design and Management) Regulations 2007 and felt that they knew and understood how to run projects taking into account the requirements of those regulations.

It is not simply the case that a few tweaks have been made to the wording of the CDM Regulations 2007—some significant changes in the allocation of health and safety risks have taken place (for more information on the changes see my previous analysis: CDM 2015—draft guidance on legal requirements). However, the introduction of the CDM Regulations 2015 has been an opportunity for certain types of organisation, eg large employers, to renew their commitment to health and safety.

In general, has the HSE provided adequate guidance on the new regulations?

There is no Approved Code of Practice (‘ACoP’) to accompany these regulations, and this is much missed. With the CDM Regulations 2007 the ACoP not only provided helpful advice, it also had a particular status—compliance with an ACoP was generally considered sufficient compliance with the associated regulations. This was a great help to those who wanted to impress on clients and others that they must follow the ACoP—its w

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