The Construction (Design and Management) Regulations 2007
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CDM 2007 follow on from their predecessor the Construction (Design and Management) Regulations (Northern Ireland) 1995, which had fallen into disrepute. These were criticised for being a paper-pusher's paradise and less constructive than procedural. Further, the role of the Planning Supervisor was often viewed as ineffective. Therefore, CDM 2007 has set about achieving the integration of health and safety into the management of a project or putting the right people in place at the right time. This is done by having planners involved from the start of the process and identifying the risks before they occur.
Fundamental changes have therefore been made since the previous regulations of 1995 and the regulations are now combined with the Construction Health Safety Welfare Regulations. The Planning Supervisor has been replaced by a CDM Co-ordinator and the role of the Client's Agent has been dropped. Also of interest is the fact that small works are only subject now to part of CDM 2007 as the five man and demolition rules that caught many small projects disappear. CDM 2007 only apply to construction work, but it has been extended to include archaeological excavations. In general, they cover
two types of project:
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Notifiable – exceeding 30 days/exceeding 500 person days; to which all the regulations are applicable; and
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Not Notifiable – projects not exceeding the above limits to which part only of the new regulations apply.
CDM 2007 are structured into the following parts:
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general management duties which apply to all construction projects;
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additional duties where the construction project is notifiable;
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duties relating to health and safety on construction sites; and
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civil liability, fire and transitional provisions.
Taking each of these in turn, we begin with the general management duties of competence, co-operation and co-ordination for clients, designers and contractors alike.
Clients must take reasonable steps to ensure there are adequate management arrangements for health, safety and welfare, and that the structure is designed for use as a workplace. They must check management arrangements are implemented and pass on information. More so, they must also now state the minimum time given to contractors to plan the construction work. Designers have had their duties extended to include safe use in fixed workplaces and are to avoid foreseeable risks and ensure their designs eliminate possible hazards and reduce risks. Designers like clients are to participate in the flow of information to ensure coordination between the various parties in the construction project. Lastly, the duties of contractors are those most similar to the duties under the previous regulations which worked well. Their duty to plan, monitor and manage their own work is made more explicit and the minimum amount of time to plan for work must be stated. They are also to provide suitable welfare facilities.
With regard to notifiable construction projects, the above duties are applicable but these projects are also subject to additional duties placed on the shoulders of the parties mentioned and the CDM Co-ordinator and Principal Contractor. The CDM Co-ordinator manages the flow of information and now assists clients in their duties and prepares the health and safety file. The Client must appoint the CDM Co-ordinator as soon as the initial design is completed and provide relevant information. In fact, designers must not proceed beyond initial design work unless the CDM Co-ordinator is appointed and construction cannot commence until the construction phase plan is in place and the welfare requirements have been complied with – all the time pushing the objectives behind the regulations, which can also be seen in the duties relating to health and safety on construction sites.
Finally, with any new regulations there are transitional provisions to ensure a smooth passage from 1995 to 2007. The existing parties playing the roles of the Planning Supervisor and Principal Contractor automatically take up the positions of CDM Co-ordinator and Principal Contractor. The Client or Employer now has 12 months to check the competence of any existing Planning Supervisor and Principal Contractor under CDM 2007, and likewise those respective parties have 12 months to ensure their competence. The Client's Agent may continue until his appointment is revoked, the project is completed or five years have elapsed from CDM 2007 coming into force, whichever is sooner.
Those transitional provisions and CDM 2007 as a whole are aimed to change the emphasis from paper to co-ordination. However, in order for CDM 2007 to be effective and meet the challenges ahead, CDM Coordinators must be actively advising and involved in the flow of information and there is a need for more health and safety management regulations and also a need for a CDM Co-ordinator for non-notifiable projects if these regulations are to last successfully for a similar twelve year
period.
If you wish to speak to someone about the issues raised in this article, please contact Peter McGarvey, Associate Director, Commercial Property on Belfast 028 9055 3300 or e-mail, peter.mcgarvey@tughans.com
The content of this article is provided for information purposes only and does not constitute legal or other advice.