15 Jan CDM Regulations 2015 – What will change?

Subject to Parliamentary approval, the new Construction (Design and Management) Regulations 2015 (CDM 2015) will come into force on 6 April 2015. The Regulations will apply to all building and construction projects, regardless of the size, duration and nature of the work.

HSE has published draft legal guidance, known as ‘draft Legal (L) Series guidance’, and will be available before the Regulations come into force. These are to help anyone who has duties under the Regulations to prepare in advance. Guidance offers duty holders the opportunity to familiarize themselves with the main requirements before them come into force. Be aware that the draft Regulations noted in the guidance has been amended following consultation.

Please note the new proposed Regulations and supporting guidance are in draft form until they come into force therefore they may be subject to change. The final version of the draft Legal (L) Series guidance to support CDM 2015 will be available on 6 April 2015. The draft guidance can be found on the HSE website.

What will change?

  • Principal designer will be the replacement of the CDM co-ordinator role (under CDM 2007). This means that the responsibility for coordination of the pre-construction phase will rest with an existing member of the design.
  • Client. The new Regulations will recognise the influence and importance of the client as the head of the supply chain and they are best placed to set standards throughout a project.
  • Competence will be split into its component parts of skills, knowledge, training and experience, and – if it relates to an organisation – organisational capability. This will provide clarity and help the industry to assess and demonstrate that construction project teams have the right attributes to deliver a healthy and safe project.
  • The technical standards, set out in Part 4, remain essentially unchanged from CDM 2007. HSE’s targeting and enforcement policy, as a proportionate and modern regulator, also remains unchanged.

Draft industry guidance

A series of industry draft guidance has been produced for the five duty holders under CDM 2015 along with one for workers.

These are available before the Regulations come into force and may be subject to change. Such guides set out, in practical terms, what actions are required to deliver a safe and healthy construction project.

How does it affect construction companies?

Construction companies will have to comply with the revised CDM Regulations from Monday 6 April 2015.

Employers will need to provide information, instruction, training and supervision, with workers having their training needs assessed against the needs of the job and employers to meet the gap in skills and knowledge through appropriate training.

Written construction phase plans will be required for all construction projects (including domestic client work) and a principal designer and principal contractor appointed when there is more than one contractor on a project.

The full responsibilities of each key duty-holder, as defined by the regulations, are explained in various Industry guidance documents.

Transitional arrangements

There transitional arrangements in place that will run for six months after the 2015 Regulations come into force on 6 April 2015. The existing 1997 CDM Regulations and associated industry guidance will be available until October 2015.

For projects starting before 6 April 2015, where the construction phase has not yet started and a CDM co-ordinator not yet appointed, the client must appoint a principal designer as soon as it is practicable.

If the CDM co-ordinator has already been appointed, a principal designer must be appointed to replace the CDM co-ordinator by 6 October 2015, unless the project comes to an end before then.

Should you require any further information then please contact our Carole Ferguson for more details.