The Construction (Design and Management) Regulations 2007 were brought in to further improve the management and coordination of health, safety and welfare throughout the life of a construction project. Having now been in force for some two and a half years, it is appropriate to a consider how some of the key changes have been operating in practice.
The Regulations adopt a new approach, focussing on removing risks to health and safety at the design phase. The designer and CDM Coordinator are considered to play a central role in achieving this objective.
The new duty on designers to eliminate hazards in their design which may give rise to foreseeable health and safety risks and to reduce risks from remaining hazards is more onerous than that which existed under the previous legislation. Other duty holders should be aware that, by becoming involved in the design process to any extent, they too may assume a duty to ensure the safety of their design.
Although not responsible for approving or checking designs, the CDM Coordinator has a duty to ensure that the health and safety aspects of these accord with the Regulations. Experience in practice has been that some CDM Coordinators have had a limited involvement in the design process. Where that is the case, they are running the risk of being found in breach of their duties. It is important that the CDM Coordinator is appointed at an early stage and plays a prominent part in the design process to ensure compliance with the Regulations.
Although it is the duty of the client to appoint the CDM Coordinator, the Regulations require all duty holders to ensure that the client is aware of its duties before they start work. Particular attention will require to be had by all in projects involving the less experienced client as a failure by a client to properly appoint a CDM Coordinator through ignorance could result in a breach by all duty holders.
Contact:
Jilly Petrie
(Article created in November 2010 and may not have been updated at the time of reading).