The new CDM regulations, currently being rolled out as part of a transitional period until October 2015, represent the biggest regulatory shake up in almost a decade. With a number of changes from the 2007 regulations, builders, designers and clients should all be aware of the new rules and stipulations when beginning work on a new construction site or adapting an existing site which will still be in operation after October 2015.

Existing Project

As well as affecting all new projects, the new regulations will also impact upon existing projects. If no principle contractor has been appointed, one must be appointed as soon as is practicable. The new principle contractor then assumes the responsibility of producing a construction phase plan and health and safety file immediately after the appointment.

A principle designer is not required under the new regulations as long as the project concludes before 6th October 2015 and a principle contractor has been appointed. However, if the project is expected to continue past this date a client must appoint a principle designer. Failure to do so will result in the client assuming the principle designer’s responsibilities.

Redefined Client Roles

The new regulations have moved to clear up confusion surrounding clients and their responsibilities. The changes stipulate that all clients who are receiving work which is not furthering their business interests are to be referred to as ‘Domestic Clients’, bringing charitable institutions and not-for profit organisations in line with homeowners.

This redefined role grants charity bosses different rights and responsibilities to for-profit business owners.

Traditional clients also face new responsibilities and duties under the updated regulations. The client is now responsible for ensuring that suitable arrangements for the project management are completed comprehensively. Additionally, the client must guarantee a contractor has drawn up a substantial and sufficient construction phase plan.

Redefined Phases

Furthermore, the pre-construction phase of a job has been slightly redefined – meaning it can now overlap with the physical construction phase. The pre-construction phase only concludes when all design and preparatory work is completed.

Streamlined Health and Safety

In a bid to reduce the amount of reporting and bureaucracy which typically slows down and complicates health and safety process – the new regulations have been designed to prioritise keeping all parties safe. The HSE also hopes that streamlined health and safety will also reduce the drain placed on funds and time.

The new regulations dictate that the client must ensure the principle designer has prepared and compiled a sufficient and substantial health and safety file for the project.

Paul Manchester, director of Manchester Safety Services, explained: “Quite often, the complicated and lengthy process of health and safety box-ticking and reporting makes it more difficult to immediately implement the health and safety standards which are necessary. Hopefully these new regulations will make it easier for principle designers and constructors to ensure their construction site stays safe and efficient.”  

Risk Analysis

In addition to the altered health and safety regulations – the new regulations have increased the number of different types of risk the principle contractor is expected to consider when developing the construction plan. The additional risks specified are:

–          Burial under earth

–          Engulfment in swampland

–          Drowning

–          Falling from a height

–          Contamination from chemical or biological substances

A number of high risk areas have also been highlighted for consideration in the updated regulations:

–          Near high voltage power lines

–          Areas of compressed air atmospheres

–          Wells

–          Tunnels and underground spaces

Key Appointment Schedule

The new regulations have also made the appointments of principle designers and principle contractors more defined. The principle designer must be appointed before the commencement of all design work – even feasibility.

Planning of the Construction Phase

The construction phase planning and related rules have also been altered in the updated 2015 regulations. The principle designer is now required to assist the principle contractor when the latter is preparing the construction phase plan. The principle designer is also responsible for preparing the project’s health and safety file. If the principle designer signs off from the job before completion – the principle contractor assumes this responsibility.