The Construction (Design and Management) Regulations 2007 (‘the 2007 regulations’) came into force on 6th April 2007. They bring together the Construction (Design and Management) Regulations 1994 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package.
The 2007 regulations are designed to oblige everyone involved in a construction project to take an active part in the management of health and safety issues, making sure each party is competent and that they coordinate and cooperate with each other.
The 2007 regulations apply to all construction works. Construction work is defined very widely and can mean anything from full scale building to site investigation or even cleaning using water under high pressure.
There are general duties which are applicable to all construction works and additional duties that apply to notifiable projects (where the construction phase is likely to last more than 30 days or 500 man days).
The 2007 regulations place duties upon virtually everyone involved in construction work. Any person or business could have duties under one or more of the following categories:
A client is somebody who is having construction work carried out by somebody else or who is carrying out construction work themselves as part of a business. If the work is purely domestic, i.e. for a building the client lives in (or will live in), the client is not subject to duties under the 2007 regulations. Other parties will still have duties.
Designers are those who, as part of their work, prepare or modify designs relating to a structure or to a product or mechanical or electrical system intended for a particular structure. A person is deemed to prepare a design where a design is prepared by a person under his control.
A contractor is a business involved in construction, alteration, maintenance or demolition work.
A principle contractor’s role is to plan, manage and co-ordinate health and safety during the construction work. A principle contractor must be appointed if the project is notifiable.
A worker is someone who carries out work during construction work.
A CDM co-ordinator must be appointed by the client on notifiable projects. The CDM co-ordinator is to advise the client on health and safety issues during the design and planning phases of construction work.
This is just a very brief summary of the regulations. If you feel you have any issues arising out of the 2007 regulations contact one of our business law solicitors, Steven, Simon, Chris or Helen on 01752 668246 or send an email by clicking here.