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October 16, 2014

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What has happened to the new CDM Regulations?

CDM-missing

CDM Regs: no sign so far

The HSE anticipated publishing The new Construction (Design and Management) Regulations by 5 October. Here we are in mid-October, however, and the new regulations are nowhere to be seen. I was involved in the original 2007 Regulations, so I have been watching CDM 2015’s progress with interest.

The answer to this question is not straightforward, but where politics are concerned – and CDM 2015 has become a political issue – nothing is particularly straightforward.  The position seems to be as follows:

  1. The HSE recognises that 5 January 2015 is a drop-dead date for publication of the final wording, to give the industry a minimum of three months to 5 April to read, mark, learn, and inwardly digest the implications, not to mention reorganising contracts and project arrangements to suit the new requirements.  There may be a transitional period of six months after that.
  2. There were 1,427 responses to the HSE’s consultation document.  We have to assume that someone at the HSE has read through all the responses, before drafting the final version.
  3. One reason for revising the regulations was to meet a criticism by the European Commission that the mobile sites directive had not been complied with, because the CDM Regulations did not apply fully to work for domestic clients.

This is perhaps the most politically sensitive part of the revised regulations.  To impose duties on domestic clients, backed up by criminal sanctions, one month before a general election would hardly be a vote winner.

The draft published earlier this year proposed duties on domestic clients (satisfying the European Commission) but then immediately required those duties to be performed by other parties – principal designer or principal contractor (avoiding alarm among the voting public).

Delicate (or possibly robust) discussions are no doubt taking place with the European Commission, on whether this solution satisfies the requirements of the mobile sites directive.

  1. As a result of this, the wording on domestic clients is likely to change in some way.
  2. When the drafting is complete, both the HSE Board and the relevant government minister must approve it, before it can be published.
  3. Guidance will be produced, probably with the revised regulations.  The HSE will consult over the contents of an ACOP, to be produced later.

My best guess is that the revised regulations may be presented to the CONIAC meeting on 19 November – an early Christmas present.  Alternatively, they will be published by 5 January 2015.

 

Gillian Birkby is head of construction for Fladgate LLP

Approaches to managing the risks associated Musculoskeletal disorders

In this episode of the Safety & Health Podcast, we hear from Matt Birtles, Principal Ergonomics Consultant at HSE’s Science and Research Centre, about the different approaches to managing the risks associated with Musculoskeletal disorders.

Matt, an ergonomics and human factors expert, shares his thoughts on why MSDs are important, the various prevalent rates across the UK, what you can do within your own organisation and the Risk Management process surrounding MSD’s.

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Rod Mitchell
Rod Mitchell
9 years ago

Point 2 above is interesting. HSE might have read all the responses but they seem to have cast aside those that didn’t agree with their view on the basis they were from people with a vested interest! Is there any point in consultation on the proposed ACOP if the same rule applies?

Gillian Birkby
Gillian Birkby
9 years ago
Reply to  Rod Mitchell

In my view it is certainly worth participating in the consultation on the ACOP. Otherwise, how will the HSE understand what the industry needs? At the time of the consultation the HSE did not see the need for an ACOP, but their view has moved on from that, so the consultation responses did have some impact.

John
John
9 years ago

I did not think that there going to be another ACOP? I was also under the assumption that the new information relating to what employers should do would be in place by April 2015. The thing i am confused about is this??? Will all the CDM-Cs do what the planning supervisors did before them and just change their name and consultancy to become Lead Designers and if so will this be endorsed by the ICS and APS. Furthermore when this does become a new standard / procedure what will become of the vast training given to 1000s upon 1000s of… Read more »

Gillian Birkby
Gillian Birkby
9 years ago
Reply to  John

Yes, it seems there will be another ACOP, though much smaller than the present one. And yes it is expected that the guidance for employers will be in place by April 2015.

The principal designer role is not identical with that of the current CDM-C and there will be lots of training needed when we know how CDM 2015 is worded and exactly what each duty holder has to do.

Nigel Dupree
Nigel Dupree
9 years ago

Whilst on the subject of “what happened to” having got the EU elections out of the way when O’when are we going to see sign of the long awaited, well overdue, new EU MSD Directive ???

Stephen Coppin
Stephen Coppin
9 years ago

It is good that CDM 2015 has been mentioned to remind everyone it has not gone away, as a lot would hope or have liked. The time lines to be reminded and confirmed they are on track or not on the 19th Nov, as previously discussed in previous HSE/CONIAC meetings are whether the several revisions have been made and parliament are to or have signed it off, and released. Whether the LS Guidance is still to be available in January followed by the CITB Industry Guidance for each duty holder with a press release and all CDM 2015 signposting via… Read more »

Rob Gwyther
Rob Gwyther
9 years ago

…and I wonder if the shoddy way the consultation was conducted has anything to do with it…not to mention the Ministry of Truth type summary of comments published by HSE…maybe they are actually ashamed of giving in to politicians so readily…

stephen coppin
stephen coppin
9 years ago

It seems most think no news is good news or head in the sand (this will not happen or wishing it away). The facts are the Legislation will be not released until Parliament sign it off. The amendments regarding IITS (information, Instruction, Training and Supervision), Domestic clients and transition period of 6 months were being reviewed for comment end of September / first week of October. The latest HSE programme mentioned that the HSE’s LS Guidance will be released in January followed by the and CITB Industry Guidance for each duty holder, including industry specific guidance for retail being drafted.… Read more »