Construction (Design and Management) Regulations 2015

The Construction (Design and Management) Regulations 2015

Long title The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (5)(a), (8) and (9), 80(1) and (2)(c) and 82(3)(a) of, and paragraphs 1(1) and (2), 6 to12, 14, 15(1), 16, 18, 20 and 21 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”).

The Regulations give effect without modifications to proposals submitted to the Secretary of State by the Health and Safety Executive (“the Executive”) under section 11(3) of the 1974 Act(2).

Before submitting those proposals to the Secretary of State, the Executive consulted the bodies that appeared to it to be appropriate as required by section 50(3) of the 1974 Act(3).

It appears to the Secretary of State that the modifications to the instruments marked with an asterisk in the table in Schedule 5 are expedient for the purposes of section 80(1) of the 1974 Act. It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications for the purposes of section 80(4)(4) of the 1974 Act.
Dates
Made 22 January 2015
Laid before Parliament 29 January 2015
Commencement 6 April 2015
Other legislation
Replaces Construction (Design and Management) Regulations 2007
Transposes European Directive 92/57/EEC
Text of the Construction (Design and Management) Regulations 2015 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

The Construction Design and Management Regulations 2015, also known as CDM Regulations or CDM 2015, which came into force on 6 April 2015, are regulations governing the way construction projects of all sizes and types are planned. Replacing Construction (Design and Management) Regulations 2007, CDM 2015 is the latest update to the regulations that aim to improve the overall health, safety and welfare of those working in construction. These regulations offer a very broad definition of what construction works are- everyone involved in a construction project, including home maintenance and improvement works, has responsibility for health and safety.[1]

Regulation

Statistics published by Osborne Clarke claim up to 85% of businesses affected by the regulations do not consider themselves to be in the construction industry.[2] CDM 2015 places legal duties on all involved in a construction project;[2] duties which are enforceable by criminal law.[2]

CDM 2015 aims to ensure health and safety issues are appropriately considered during the development of construction projects.[3] The overall goal is to reduce the risk of harm to those who have to build, use and maintain structures.[3] The regulations were originally introduced in 1994 in compliance with European Directive 92/57/EEC and were previously revised in the CDM Regulations 2007.[4]

The scope of what constitutes ‘construction work’ has been increased. “Construction work” now means the carrying out of any building, civil engineering or engineering construction work and includes building temporary structures used for events, television, film and entertainment productions.[1] It is the responsibility of those who procure such ‘works’ to be familiar with their obligations; for example, under CDM 2015 a television producer is now in the construction industry.[5] In situations where work is planned to last longer than 30 working days, with more than 20 workers working on site at the same time during any part of the project, or if the project exceeds 500 person days in total, the HSE must be notified of the project by the client.[6]

The principal implication of CDM 2015 is that the person or business for whom the construction services are carried out, ‘the client’, is accountable for health, safety and welfare on the project.[7] The new regulations introduce strict liability for the client, in particular, for the performance of the duty-holders they appoint.[8] Property owners appointing professionals to perform maintenance work will face additional costs from designers and contractors for this added work and responsibility. It has been estimated that a small project, completed in less time than the 30-day threshold, could add 10-20 per cent to a project’s cost.[8] The implications for business are much more profound. Now, responsibility for health and safety management in construction lies with business owners and directors, which could lead to legal action.[4]

References

  1. 1 2 "The Construction (Design and Management) Regulations 2015 – Content". legislation.gov.uk. The National Archives. Retrieved 15 July 2015.
  2. 1 2 3 "Osborne Clarke - The new Construction (Design and Management) Regulations 2015 - webinar". osborneclarke.com. Osborne Clarke. Retrieved 11 June 2015.
  3. 1 2 "CDM 2015 – Designing Buildings Wiki". designingbuildings.co.uk/. Designing Buildings. Retrieved 11 June 2015.
  4. 1 2 "The Construction (Design and Management) Regulations 2015 – Schedule 5 Explanatory Note". legislation.gov.uk. The National Archives. Retrieved 11 June 2015.
  5. ↑ "BBC - CDM Regulation Changes April 2015 - myRisks Information". bbc.co.uk/. BBC. Retrieved 15 July 2015.
  6. ↑ "The Construction (Design and Management) Regulations 2015 – Regulation 6". legislation.gov.uk. The National Archives. Retrieved 15 July 2015.
  7. ↑ "The Construction (Design and Management) Regulations 2015 – Regulation 4". legislation.gov.uk. The National Archives. Retrieved 15 July 2015.
  8. 1 2 "CDM 2015: implications of the new regulations - SHP Online". shponline.co.uk/. Safety and Health Practitioner Online. Retrieved 15 July 2015.
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