The Construction (Design and Management) Regulations 2015 (SI 2015/51) (‘CDM 2015’) came into force on 6 April 2015. They replace the CDM 2007 and form an important part of the health and safety legislation on construction and engineering projects and property development.
Understanding CDM 2015 is essential for all those involved in or advising on construction, development or redevelopment work in the United Kingdom. Criminal sanctions apply to a breach of the CDM 2015, through the Health and Safety at Work etc Act 1974 (HSWA 1974).
Helpfully, for those in the role of client, contractor or designer (including principal contractor or principal designer), the Health and Safety Executive has published draft guidance on the CDM 2015: Guidance on The Construction (Design and Management) Regulations 2015 (HSE CDM 2015 guidance).
In a nutshell: what stays the same?
- Application to all projects
- Role of the Principal Contractor
- Part 4 technical standards for construction sites
- Schedule 2 –welfare requirements
- Co-ordinators for Health and Safety in the pre-and construction phases
In a nutshell: what is different?
- The legislation has been overhauled into a more simplified structure
- The Client has a greater responsibility
- Domestic client exemption has been removed
- CDM co-ordinator role has been removed. A principal designer must now co-ordinate the pre-construction phase.
- Principal Designer role has been introduced
- The requirement for competence has been removed in its current form
- Construction phase plan for all projects
- The threshold for appointments is that there is more than one contractor
- Notification is a standalone requirement, not a trigger point for additional duties
The legislation: http://www.legislation.gov.uk/uksi/2015/51/contents/made
Formal guidance: http://www.hse.gov.uk/pubns/priced/l153.pdf