Briefing for MPs on CDM EDM
In connection with
Early Day Motion: EDM 1151
The
Construction Design and Management (CDM) Regulations 2007 (CDM
2007) consolidate and revise the main pieces of
existing construction health and safety at work legislation, and
also implement the
European
Temporary or Mobile Construction Sites Directive
(TMCSD). The
Regulations
place duties on all those involved in the construction process and
require them to work together, throughout construction projects, to
ensure the health and safety of those building, maintaining, using
(and ultimately demolishing) buildings.
The bringing together of existing regulations into one new piece of
legislation has been welcomed by Amicus as an excellent example of
how legislation can be simplified without removing or reducing the
levels of protection. There has long been concern in the
construction industry that the current regulations are complex and
difficult to follow. The new regulations address this
criticism.
Although Amicus, other trade unions, the TUC and safety groups have
argued that the
Regulations
do not go far enough, they are certainly a significant improvement
and have the broad support of almost all within the industry.
Amicus also believes they will be of benefit to both employers and
safety representatives, particularly as they emphasise the need for
effective worker engagement, and for all those involved in a
construction project to co-operate and co-ordinate their
activities.
The new
Regulations
place duties on construction business clients, although domestic
clients are exempted. These duties simply reflect existing duties
in current health and safety legislation, making them more specific
to the construction environment, and were supported by trade
unions, the TUC and CBI, as well as the construction
industry.
It has been suggested that these
Regulations
impose new duties on small businesses over and above the
requirements of the requirements of the
European
Directive. This is not correct. They broadly maintain
the current duties while at the same time making it easier for
small projects, through simplification of the project notification
threshold and requirements for formal plans.
Amicus also welcomes the work that the HSE has made to ensure that
small companies are given support and that building control and
health and safety regimes are better co-ordinated. The HSE will
also be seeking to ensure that information on clients’ duties is
available at the time when clients are applying for planning
permission from Local Authorities. This should have a significant
effect on safety in smaller projects, which is where a
disproportionate number of injuries happen.
These regulations were approved unanimously by the Health and
Safety Commission, which represents both large and small employers,
trade unions, safety professionals and local authorities. Given
this support it is surprising that a number of MPs are praying
against the regulations and have tabled an
EDM against them.
Opposing or delaying these regulations would do nothing but
undermine the work that the HSE has done to drive up safety
standards in construction and reduce the appalling legacy of injury
and ill-health that has dogged the industry for decades.
Amicus believes that these regulations have broad support across
all sectors, are an example of good regulation, and should be both
welcomed and supported.
For more details contact
Rob
Miguel. Amicus Health and Safety Officer, who has
produced this briefing.
