Consultation on the draft Construction (Design and Management) Regulations 2014 (the “new CDMR”) closed in June this year. The proposed changes to the regulations are intended to make the regulations easier to understand, replace the Approved Code of Practise (ACOP) with clearer guidance, scrap the CDM Co-ordinator role, place those duties instead on the client, principal designer and principal contractor, align notification requirements with Directive 92/52/EEC and bring domestic projects within the remit of the regulations.
We have set out below a table of some key provisions that will be changing (see below).
Ruth Phillip’s blog in August queried how the transition from old to new would work and it seems that that we weren’t alone in our musings.
A theme in the consultation responses was that the lack of a transitional period between old and new could cause difficulty for projects in progress where a CDM Co-ordinator is appointed. The HSE’s proposal to deal with this is to allow CDM Co-ordinators to continue working on the project until the earlier of six months from the coming into force of the new CDMR or the end of the existing project. It is therefore important that from now on for any new project where a CDM Co-ordinator is appointed, the employer retains the CDM Co-ordinator on terms that deal with termination of their appointment when the law changes.
Click here to view table.