New Construction (Design & Management) Regulations 2015

New Construction (Design & Management) Regulations are to come into force on the 6th April 2015.  Due to this, it is vital that you have comprehensive health and safety advice to stay abreast of what is certainly a significant shift in health and safety regulatory regime, and a huge legislative development within the industry.
There are thirty nine changes coming into force.  What follows is a brief overview of the principle regulations ;

Simplification of the Regulations:  The HSE proposes to make them clearer and easier to understand. This is largely aimed at small to medium projects which tend to use Small Medium Enterprise (SME’s) companies.

CDM Coordinator role replaced by a ‘Principal Designer’: When the regulations come into force a Client will need to appoint a ‘Principal Designer’ for all projects involving more than one contractor (trade contractor) on site at one time.  Any Designers appointed should not carry out any work beyond initial design unless the Principal Designer has confirmed that the Client is aware of their duties.

Principal Designer and Principal Contractor appointed for all projects with more than one “trade” Contractor on site: The Client must appoint both the Principal Designer and Principal Contractor in writing, otherwise they are deemed to be carrying out these roles

Duties to be applicable to domestic projects: It is proposed for projects involving more than one contractor that the Principal Contractor will normally assume the Client duties. The domestic Client can choose to appoint the Principal Designer for the project. If, however, they do not make this appointment, the first Designer appointed during the preconstruction phase is the Principal Designer for the project. If so, the Principal Designer will be answerable to the Principal Contractor in their role as ‘Client’ for the project and will be responsible for liaising with them.

Construction phase plan is required for all projects: The Client is to ensure a Construction Phase Plan provided by the Contractor or Principal Contractor is in place before any works commence.

‘Explicit competence’ requirements removed: The Client will need to ensure those that are to be appointed (i.e. Designer, Contractor or Principal Contractor and Principal Designer) can demonstrate appropriate information, instruction, training and supervision.

Threshold for notification: The Client will need to notify the HSE of projects before works commence if they will exceed 30 construction days with 20 or more workers working simultaneously or if the project exceeds 500 person days.

Information, Instruction, Training and Supervision (IITS) requirements: Anyone working on a construction project should be able to demonstrate capability and have the necessary resources to fulfil legal duties. They must provide sufficient information in relation to the preparation, provision and, where necessary, revision of health and safety information such as Pre-Construction Information, Construction Phase Plans and Health & Safety Files.

The current Approved Code of Practice (ACoP) will be substituted with HSE and Construction Industry Training Board (CITB) Industry Guidance: The latest proposal is that a mini ACoP will be published after the legislation goes through on 6 April 2015.  Meanwhile HSE Legislaton Series and CITB Industry Guidance will be available from January 2015

You can view full information on legislative changes on the HSE website.  Reference: HSE and  RLB