New CDM Regulations 2007

In summary, the new Regulations which came into force April 6th 2007 place a much greater statutory duty on a client to co-ordinate and ensure suitable management of H&S of ALL construction work. The new regulations reflect HSE thinking that the Client is the one person who can 'drive' health and safety through a project and they reflect this considerable change of emphasis. There are a wide range of new statutory duties for Clients, additional duties for contractors and designers.

The main points of the new legislation are:

• ALL construction activity will be subject to the CDM regulations irrespective of the amount of time the work will take or how many men are involved. This differs very significantly from the previous regulations which applied to work only involving more than 4 men on site or work lasting more than 30 days on site.
• The Client now has specific responsibility for ensuring sufficient management processes are in place for all construction work. This means some CDM duties apply to even routine maintenance.
• The old Construction (Health Safety and Welfare) Regulations are now combined into the CDM Regulations, thus increasing the scope of H&S management for which a Client has responsibilities.
• The role of Planning Supervisor has been replaced with a new duty holder – the CDM Co-ordinator.
• All Construction projects now fall into one of two categories. They will either be non-notifiable or notifiable. All work lasting on site for 30 days or more, or involving more than 500 persons days of construction work is notifiable to the HSE using a new form F10 which now requires details of designers and project lead times.
• A very significant change is that whilst the F10 is prepared by the CDM Co-ordinator, it is signed by the Client. The principal contractor no longer signs the F10. The F10 can be completed and sent to HSE online.
• All other work is non-notifiable and whilst no F10 is required, the CDM regulations apply to this work as much as notifiable work. The application of CDM is no longer governed by the 4 men or demolition rule - it applies to all work irrespective of the number of men on site.
• The Client must appoint a CDM co-ordinator and Principal Contractor but only for all notifiable projects. The Client will now be regarded as a CDM co-ordinator and Principal Contractor if he fails to make the appointments and thus takes on the legal responsibilities of those duty holders.
• For non-notifiable projects, where there is no CDM Coordinator or Principal Contractor, it is now the Client that has to ensure sufficient processes are in place to manage health and safety. This has a significant implication for both the Client and Contractors. The Client will be expected to approach the management of H&S much as if a CDM co-ordinator and principal contractor had been appointed. Clearly, the level of involvement will need to be commensurate with the complexity of the work.
• The Client must give reasonable time for design, planning, preparation and construction. The new F10 makes it easier for the HSE to determine the time allowed for design. The New F10 now includes names and contact details of the appointed designers
• The Client is required to give the Principal Contractor and Direct Contractors notice in writing of the lead time they will be given. The Client will declare the lead time he is giving to contractors on the F10.
• In turn, the Principal Contractor is required to give sufficient lead time to all sub contractors. This could have a significant impact for both Clients and contractors. It follows that if the Client fails to give sufficient lead time to Principal Contractors then in turn, they will be unable to give sufficient lead time to sub contractors.
• Because the Construction Health Safety and Welfare Regulations are now combined with the CDM Regulations, the Client will be responsible for ensuring contractors have made arrangements for suitable welfare facilities to be provided from the start and throughout the construction. These may need to be provided provided before contractor gets to site if necessary, eg, in enabling works.
• Contractors have a statutory duty to ensure they do not start work unless adequate welfare facilities are available on site.
• All contractors have a statutory duties to not start construction work if a CDM co-ordinator has not been appointed for notifiable projects and/or if an F10 has not been sent to the HSE.
• Contractors are now legally responsible for ensuring their employees have been given adequate site induction. It is not the sole legal responsibility of the Principal Contractor to ensure a sub contractor's worker is adequately informed of all the hazards on site.
• The Client is ultimately responsible for ensuring adequate information is provided to Contractors. If the Principal Contractor fails to make relevant information available to sub contractors then the Client may well be held responsible, in addition to the Principal Contractor.
• The Client will now be regarded as a CDM co-ordinator and principal contractor if he fails to make the appointments.
• The Pre-tender plan has been abolished, and replaced with a much more practical ‘Information Pack for Contractors’. It is the Client’s responsibility to ensure it is prepared but in reality he will be asking the CDM co-ordinator to prepare it. It contains all the relevant information that would assist designers, principal contractors and all contractors directly appointed by the client to manage health and safety. It will contain drawings, survey reports and other relevant site specific information.
• The Client has a statutory duty to ensure competence of contractors, to ensure suitable management arrangements are in place and to allow sufficient time in all construction work not only for the larger notifiable projects but for all non-notifiable work also.
• The CDM co-ordinator is the specified person who will prepare H&S File.
• Neither designers or contractors are allowed to start work unless the client has been made aware of his duties, a CDM co-ordinator has been appointed and HSE notified! This applies to notifiable projects only.
• The Principal Contractor must provide (copies of, or access to) relevant parts of the safety plan and other information to contractors, including the self-employed, in time for them to plan their work.
• Contractors will have a legal responsibility to ensure adequate welfare facilities have been provided for their workers
• Contractors will be legally responsible for the management and supervision of their own work. The Principal Contractor will of course still be responsible for the overall management of H&S on site but contractors will have a greater statutory role to play in the management of their own work.

NOTE: This summary outlines the changes and additions to the CDM Regulations and is NOT a full summary of the Regulations. It is intended to only reflect the amendments to the previous CDM Regs and the changes in the duties of Clients, Contractors and Designers. Many of the duties and responsibilities remain in place in the New CDM Regulations. A full copy of the Regulations and the Approved Code of Practise (AcoP) to the CDM Regulations are available at www.hse.gov.uk/construction/cdm.htm.