The Health and Safety Executive Postpone the Introduction of Newly Revised CDM Regulations to Spring 2007
The Health and Safety Executive (HSE) has postponed the introduction of the new Construction Design and Management (CDM) Regulations to the Spring time of 2007, from October 2006. This is in essence because the HSE and their partners involved in the regulations' production believe that to introduce the regulations any earlier would not do justice to the stakeholders, business or the public, as there are still a number of issues outstanding, that came to light out of the consultation process.
The delayed implementation timetable has the support of the Construction Industry Advisory Committee (CONIAC) CDM Review Working Group.
The new regulations are being readdressed in a bid to overhaul and improve the general level of health and safety within the construction sector, and will combine revised provisions from the current CDM Regulations 1994 as well as those contained within the Construction Health Safety and Welfare (CHSW) Regulations 1996.
The Chief Inspector of Construction for the Health and Safety executive, Stephen Williams commented:
“The revised CDM Regulations will replace the two key sets of existing regulations. When we began our review of those regulations, the HSC set us some important and challenging objectives. HSE and its partners believe we are well on the way to producing a set of replacement Regulations which will achieve those objectives, but we would be selling ourselves short if we rushed our proposals through. We need more time to make sure we get the changes right and the industry also needs to have adequate time to familiarise itself with the finalised CDM package."
Following the presentation of the regulatory package to CONIAC at its meeting on the 20th July 2006, a number of key targets were identified for the roll out and implementation of the regulations:
1). To gain formal CONIAC approval by early September 2006
2). Seek formal approval from the Health and Safety Commission (HSC) in October 2006 and ministers thereafter
3). To publish the supporting Approved Code of Practice (ACoP) in early 2007
4). Go live from 6th April 2007
Clearly the regulations are nearing completion, but they are not quite there yet . There are still a number of issues with which some stakeholders are not happy, and whilst the likelihood of satisfying all of those involved 100% is unlikely to be achieved, the following points have proved to be the most significant of obstacles, which remain under debate:
- Implementation of the Temporary or Mobile Construction Sites (TMCS) Directive
- The increased duty on the client stakeholders
- The introduction of an Empowered Co-coordinator
- Firmer designer duties and responsibilities
- Competence
- Demolition
- The Approved Code of Practice (ACoP)
A report produced by BOMEL Ltd, commissioned by the HSE documented significant benefits arising from the introduction of the new regulations, in terms of health and safety savings, but only time will tell. The construction industry as a whole awaits the final approved regulations with anticipation, so that required changes to operations can be analyzed and required actions taken.
Most projects commenced prior to the introduction of the new regulations, but which conclude or continue after the go live date will be required only to comply with the current 1994 regulations, there are however exceptions to the rule, for example major construction projects with long project life cycles.
Many health and safety professionals operating within the construction sector welcome the new regulations, but of course there is also significant skepticism. Some believe that the need to improve Health and Safety on the construction site is not as a result of a lack of suitable regulation, but rather due to a lack of enforcement of the current regulations. It is fair to say however, that one of the aims of the new regulations is to improve the understanding of stakeholders' position and obligations and as such this move for one seems to be welcomed.
