HSE anticipated publishing the new Construction (Design and Management) Regulations by the 5th October 2014

Here we are at the start of November, however, and the new regulations are nowhere to be seen. The answer to this question is not straightforward, but where politics are concerned – and CDM 2015 has become a political issue – nothing is particularly straightforward. The position seems to be as follows: 1. The HSE recognises that 5 January 2015 is a drop-dead date for publication of the final wording, to give the industry a minimum of three months to 5 April to read, mark, learn, and inwardly digest the implications, not to mention reorganising contracts and project arrangements to suit the new requirements. There may be a transitional period of six months after that. 2. There were 1,427 responses to the HSE’s consultation document. We have to assume that someone at the HSE has read through all the responses, before drafting the final version. 3. One reason for revising the regulations was to meet a criticism by the European Commission that the mobile sites directive had not been complied with, because the CDM Regulations did not apply fully to work for domestic clients. This is perhaps the most politically sensitive part of the revised regulations. To impose duties on domestic clients, backed up by criminal sanctions, one month before a general election would hardly be a vote winner. 4. As a result of this, the wording on domestic clients is likely to change in some way. 5. When the drafting is complete, both the HSE Board and the relevant government minister must approve it, before it can be published. 6. Guidance will be produced, probably with the revised regulations. The HSE will consult over the contents of an ACOP, to be produced later. When they will be published is anyones guess, but probalbly by the 5th January 2015. For further information on the new Regulations CLICK HERE