On 6 April 2015 the existing Construction (Design and Management) Regulations 2007 (CDM 2007) were replaced with the new Construction (Design and Management) Regulations 2015.
The new regulations apply to all projects that the CDM 2007 applied and it is vital that those within the industry review and understand the changes and how they will impact their role going forward. This will impact on all construction, engineering projects including domestic projects commenced after 6 April 2015, or ongoing extending beyond the 6 October 2015.
From 6 April 2015 any project commenced must apply and adhere to the new CDM 2015 regulations. For projects that commenced prior to 6 April 2015 there has been a transitional period introduced to allow everyone involved in relevant projects align with the new regime. The cut-off date by which the provisions of the CDM 2015 must be in place is 6 October. If a project will not be complete before this date action will be necessary to ensure compliance.
Roles, duties, responsibilities and therefore liabilities have been amended and it is vital that anyone involved with construction projects is aware of what this means for them going forward.
By way of example; the notification triggers have been updated; the role of CDM coordinator has been abolished; new roles of Principal Designer and Principal Contractor have been introduced; and there is now default appointment in absence of nomination to those roles. The Health and Safety Executive has published guidance with is available on the HSE website.
Anyone with any involvement in an upcoming or ongoing project would be wise to obtain advice as to how the new regulations will impact them and what, if any, contract variations are required or prudent to ensure compliance and clarity.
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