29th August, 2012
You may have heard that there are plans to change the CDM regulations. With the government currently looking to kill off various regulations, particularly in the health and safety arena, is this the end of CDM?
Well, the answer is both yes and no.
The current set of CDM regulations are likely to be repealed and that could see the end of CDM in its current name. So, yes, that may be the end of CDM in theory.
In practice however the regulations will be replaced with the EU ‘Temporary and Mobile Construction Sites Directive’. The current CDM regulations implement some aspects of the TMCSD, but do not currently fully satisfy the requirements of the European Commission in fully implementing the directive.
The planned change of the CDM regulations in 2014 is currently referred to as CDM2014, so it may be that the Directive is implemented under the CDM banner, however it is likely that the name may change to TMCSD2014 if the directive is fully implemented.
What can we expect from CDM2014?
The CDM Coordinator will become the Project Coordinator, which will become a more enhanced role with additional involvement in the project at all stages.
The client duties will be applied to domestic clients and will be included in the definition of client, increasing the number of projects notifiable to the HSE.
The directive puts less emphasis on competence, which at first glance would appear to have a detrimental impact on health and safety. However, the idea behind this is less box ticking and more proactive safety management. It is felt that the CDM regulations go beyond the directive in the area of competence and often puts a disproportionate requirement on competence adding minimal value to health and safety.
The current CDM regulations are poorly understood on smaller sites and within smaller companies. What is notifiable, when do I need a CDM coordinator, am I exempt are all common questions we receive from professionals within the industry, even now, 5 years after CDM2007. An aim for the new regulations will be to simplify the requirements and increase awareness of the requirements to improve compliance on smaller construction sites.
It is still early days in the process of regulation change, and a number of hurdles to overcome through consultation and development of the new regulations.
Whether the regulations become named CDM2014 or TMCSD2014 remains to be seen. One thing is certain, the regulations will be changing and, of course, we will keep you updated on the blog.
The CDM Regulations did get updated, but a year later than expected in 2015. Read CDM 2014 becomes CDM 2015 for more info.