Construction (Design and Management Regulations) 2007

The 2007 Construction (Design and Management) Regulations were first introduced in 1994 as a result of the European Directive on minimum health and safety standards for temporary or mobile construction sites.

However, the HSE says that these regulations are too complex and many in the industry have struggled with the systematic approach of the regulations.

The regulations have not been seen to be delivering better health and safety standards in the high risk construction sector with unacceptable standards, especially on smaller sites, according to the HSE.

Between 2007 and 2012, the HSE reports that on average, there were 53 deaths to workers from accidents on temporary and mobile constructions sites. The Labour Force Survey found that, based on a three-year average, there were 31,000 new cases of occupational disease/ill health on temporary and mobile sites.

The HSE’s proposed draft Construction (Design and Management) Regulations 2015, have been prepared after considering a broad range of evidence including independent research and views of a cross industry working group established under the Construction Industry Advisory Committee (CONIAC) and other evidence obtained by the HSE from the construction industry.

The main proposed changes to the 2007 regulations are:

• to replace the CDM co-ordinator role with a principal designer role within the project team;

• to introduce a new duty on information, instruction, training and supervision to replace the duty to assess competence;

• the removal of the domestic client exemption and transfer of these limited duties to the contractor/designer; and

• the replacement of the Approved Code of Practice with tailored guidance.

Commenting on the proposed changes, the Institution of Occupational Safety and Health (IOSH) said: “Given that one construction worker is killed each week on average during construction work and there are around 31,000 new cases of occupational ill health per year; improvement is urgently needed. IOSH is disappointed that these proposals have not taken more opportunity to strengthen construction risk management, while reducing bureaucracy, and are concerned at the lack of emphasis on health and safety competence throughout.”

The consultation ran from 31 March 2014 until 6 June 2014. Details are available at: www.hse.gov.uk/consult/condocs/cd261.htm.