I attended the first of two seminars organised by the Association of Project Safety (APS) in respect of the new CDM 2007 Regulations to come into force in April 2007.  The timescale is as follows:-

17 October 2006            Consideration of the regulatory package by HSC

                                    Update:  The HSC formally approved the draft CDM

                                    Regulatory package for formal proposal to Ministers.

November 2006             Deadline for Ministerial response on new CDM.

January 2007                 ACoP published(date to be advised)

6 April 2007                   Regulations come into force

Interesting items are:

1           The change in Clients duties and the removal of Clients Agents, in recognition of the large influence Clients have on a project, particularly time wise. Note – If Client fails to appoint CDM –Coordinator or Principal Contractor, Client takes on role by default!

2           The Proposed Approved Code of Practice (ACOP) no longer contains any ‘guidance’ material.

3           New phrase introduced to notifiable projects ‘Initial Design Period’ during which it is acceptable for CDM-Co-ordinator not to be appointed.  Period is legally undefined – APS opinion is that this could relate to initial RIBA design stages, say A to C.  Note – On notifiable projects, no designer should commence work, other than ‘initial design’ work unless CDM Co-ordinator has been appointed by the Client.  Reg 18 (1). Remember, Designers Duties apply on all projects regardless of size or status, not just when notifiable.

4           The important duty of advising the Client that CDM Regs. apply to a project and a Client is aware of his duties is still there.  The wording is ensure that the Client is aware of his duties.  I consider this is best achieved by the sending of a letter and advice leaflet at the time of appointment in order that there can be no doubt that we have ensured that the Client is aware of his duties, as per our present procedures.

5           The clarification of designers risk assessments as ‘project specific and concentrating on significant risks not obvious to those who use the design’.  However, APS point out that this appears to be at odds with the CDM Regulations.  My view is that we should, as designers, be aware of all risks, as recorded in our generic risk assessments, and only highlight the significant non-obvious to avoid excessive paperwork which is likely to be ignored.

6           Definition of design now includes calculations for design, and workplaces to be designed to comply with the Workplace (Health, Safety and Welfare) Regulations.

7           Competence – note definition and assess yourself against this in Appendix A of the ACOP.

I will send an email advising where this latest information can be viewed on our system.