The construction industry has always had a high number of accidents each year. CDM was introduced to try and improve the industry safety record. CDM was originally introduced in 1994. Subsequent revisions over the years lead to the current regulations which were introduced in 2007.
The regulations, The Construction (Design & Management) Regulations 2007, came into force on 6 April of that year. They are divided into five parts as follows:
- Part 1 deals with the application of the Regulations and definitions
- Part 2 deals with general duties that apply to all construction projects
- Part 3 contains additional duties that only apply to notifiable construction projects i.e. those lasting more than 30 days or involving more than 500 person days of construction work
- Part 4 contains practical requirements that apply to all construction sites
- Part 5 deals with transitional arrangements etc.
Anyone having constructional building works carried out has legal duties under these regulations unless they are a domestic client.
The domestic client is someone who lives or will live in those premises where the work is being carried out. Although a domestic client does not have duties under the regulations, those who actually work on that project will.
Under the Regulations duties are placed on virtually everyone involved in construction work and these are known as “duty holders”. A duty holder can be a client, CDM co-ordinator, designer, principal contractor, contractor or worker on site. Everyone has a different responsibility under the regulations.
If a project lasts for more than 30 days or involves more than 500 person days of construction work then a CDM co-ordinator has to appointed and it is the responsibility of the “principal contractor” to plan, manage and co-ordinate health & safety whilst the construction work is being undertaken.
CDM is very important and the regulations must be adhered to in order to escape any investigation or prosecution by the HSE.
At Silver Shemmings we have a close working relationship with a health & safety expert experienced in CDM regulations as well as having our own expertise to advise in respect of any legal issues arising out of the CDM regulations.