When the Construction (Design and Management) Regulations 2015 (CDM Regulations 2015) came into force back in April this year, there was uncertainty about whether or not an Approved Code of Practice (ACOP) would be introduced to give practical guidance on how to comply with the Regulations.

The Construction Industry Advisory Committee (CONIAC) has now published its members’ views on whether the CDM Regulations 2015 require an ACOP, with the majority view being that no ACOP should be prepared.  The reasons included arguments that an ACOP:

  • was not necessary and would not add any value to the CDM Regulations 2015;
  • would not meet the needs of small and medium sized enterprises and those most at risk;
  • could create inflexibility and could block or undermine progress;
  • might restrict good or best practice in some sectors;
  • could undermine a holistic approach to managing construction work where health and safety is part of whole business planning; and
  • a lack of an ACOP would not impact on HSE prosecution outcomes.

If you would like to read the summary paper in full, please see here – note that meeting minutes are likely to be published in early 2016.

Although the decision on whether or not to introduce an ACOP is to be made by the HSE Board, it seems unlikely that they will depart from CONIAC’s conclusions.