New Legislation due to come into force in 6 April 07

Construction Design and Management Regulations 2007

  • Revise, consolidate & simplify CDM Regulations and incorporate Construction (Health Safety and Welfare) Regulations
  • Maximise flexibility of the new Regulations
  • Strengthen requirements on cooperation & coordination to encourage better teamwork
  • Increased focus on effective planning and management not the "Plan" & other paperwork 
  • New single trigger for notification, appointments & preparation of the plan, 30 days, 500 person days
  • The Client Agent is removed
  • Enhanced Client duties emphasising management arrangements
  • New CDM Co-ordinator will replace existing Planning Supervisor role empowered to advise clients & a pivotal figure in the process. The onus of the role is on co-ordination, communication and co-operation with all the key parties, but at all times acting on behalf of the client to ensure they discharge their duty to manage projects. Co-ordinators are only required for notifiable projects either phase 1 or 2 status i.e. the complexity of the project, as such, they are required to have a thorough working knowledge of health & Safety in construction and of the design process. To overcome misinterpretation and misunderstanding the HSE and partners produced a competency table in the ACoP. Click here to download the table. This table has 3 columns:
  • Column 1 - is a list of elements by which the client assesses the competency for their particular project and the companies/individuals involved
  • Column 2 - is the standard against which the assessment is made
  • Column 3 - is a list of examples of how these competencies can be assessed. The common misconception is that column 3 is definitive and enforceable IT IS NOT. It is as it says, examples and as such guidance of evidence which can be shown in other ways.

Regulatory Reform Order (Fire Safety) 2005

Regulatory Reform Order (Fire Safety) 2005 was implemented on 1 October 06 ( England and Wales ) and similar legislation in Scotland and Northern Ireland will emphasise the need for an employer to manage fire safety risks within the workplace

What has changed?

  • The 'responsible person' must ensure the safety of everyone who uses their premises
  • Fire safety law will be covered by one piece of legislation
  • The emphasis will be on preventing fires and reducing risk
  • The 'responsible person' must ensure that fire protection equipment (for example, fire extinguishers) and facilities are maintained in good working order
  • Fire certificates will be abolished

Who is the Responsible Person?

  • The employer, if the workplace is under his control, or where not -
  • The person who has the overall control of the premises (as occupier or otherwise) in connection with any trade or business (for profit or not)
  • The owner, where the person in control of premises does not control the trade or business carried on
  • The responsible person must carry out a fire safety risk assessment. The Fire and Rescue Service will carry out inspections and failure to comply could lead to enforcement action or even prosecution

Control of Asbestos Regulations 2006 came into force 13 October 2006

  • Asbestos Worker Protection - proposed second amendment to Directive 83/477/EC
  • Refocus protection onto maintenance workers, such as electricians, plumbers and decorators, at risk of accidental exposure to asbestos
  • This is an amendment to existing EU legislation
  • HSE propose to make additional amendments to simplify and clarify the regulatory regime

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