Fladgate Fielder - The revised CDM Regulations come in to force on 6 April 2007 (Good Friday)
They are the primary Regulations governing the management of
health and safety in relation to construction projects, both on
and off site.
Clients (e.g. developers) already have duties under the current CDM Regulations in relation to the preparation for construction work on site. The revised Regulations impose significantly extended duties:
1. A duty to see that management arrangements are set up and maintained throughout the project.
2. A duty to see that suitable welfare arrangements have been made from the start of construction work and throughout the construction phase.
3. A duty to co-operate with everyone else involved in the project.
4. A duty to co-ordinate their activities with everyone else involved in the project.
One highly significant change is that clients will no longer be able to delegate their liability to the client's agent. If clients use someone else to carry out their CDM duties, the original client will still be liable if they are not performed adequately.
Developers need to be aware of these changes to the Regulations so that they can bring themselves up to speed and make the necessary arrangements so that they are compliant by April 2007.
A breach of the CDM regulations is a criminal offence, so ignoring them is a high risk strategy.
Gillian Birkby has for the last four years been sitting on the HSE Working Group which has revised the Regulations, and would be delighted to explain the implications of these regulations.