Rank: Forum user 
|
I'm just attending a CDM 2015 awareness update via teams and the presenter has said that there was to have been an update to the CDM regulations in 2020 but due to Brexit and the Covid pandemic it has been put on hold. I can't find anythig about it on the net, has anyone else heard this and if they have do they know what changes are proposed?
|
|
|
|
|
|
Rank: Super forum user 
|
looked at the parliamentary website and there is no mention of it. Not in the system yet
|
 1 user thanked A Kurdziel for this useful post.
|
|
|
|
Rank: Super forum user 
|
Legislation routinely has a quinquennial review. I'm not sure if it's mandated that every major legislative change is reviewed after five years, or that's just what happens, but it does. The review does not necesarily result in changes to the legislation or new regs.
There was a (indecently fast) review of the PD role at the start of this year (tender published 17/12/20, closing date 7/1/21, work to be complete 31/3/21). See https://content.govdeliv...bulletins/2c1d386. I haven't seen any output from that though.
|
2 users thanked achrn for this useful post.
|
|
|
|
Rank: Super forum user
|
Murray - there has been lots of speculation before and after Brexit about what might happen to health and safety legislation including the potential scrapping of CDM.
All talk and no action and personally with the exception of the requirements for project notification, I don't see anything in CDM that could not be construed as being implicitly required by the Health and Safety at Work etc Act 1974 and/or Management of Health and Safety at Work Regulations 1999. This has been the case since the first version of the Regulations when in their draft form they were given the term CONDAM. I produced a graphic in about 1993 and haven't had to amend it much since.
|
|
|
|
|
|
Rank: Super forum user 
|
I wonder if the Grenfell Inquiry has anything to do with any delay ?
|
|
|
|
|
|
Rank: Super forum user
|
Firesafety - probably not, but quite likely to be used as an excuse.......... "We are reviewing the entire framework of legislation apply to health and safety in relation to the design and construction of buildings"....... ....which of course completely ignores that CDM applies to "construction work" which encompasses a lot more than simply constucting, maintaining and knocking down "buildings". Convenient excuse, just as Covid has been cited by many for inaction and delays. P
|
|
|
|
|
|
Rank: Forum user
|
I haven't heard of the review personally, but am curious as to what has triggered it (if indeed it is happening!).
It's not very often that regulatons are reviewed after 5 years, or for changes to be made. Take the DSE regs for example, I'd say they are the most out of date regulations there are since technology has moved on a huge amount since they were first published!
|
|
|
|
|
|
Rank: Super forum user
|
SG - 5 yearly review is a requirement of some, or all, newish health and safety regulations. So hiding at the back of CDM 2015 is ......with four words which I have put into bold font....... Review39.—(1) The Secretary of State must from time to time— (a)carry out a review of regulations 1 to 36; (b)set out the conclusions of the review in a report; and (c)publish the report. (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 92/57/EEC(1) on the implementation of minimum safety and health requirements at temporary or mobile construction sites (which is implemented by means of regulations 1 to 36), is implemented in other Member States. (3) The report must in particular— (a)set out the objectives intended to be achieved by the regulatory system established by those regulations; (b)assess the extent to which those objectives are achieved; and (c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. (4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force. (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. There is no equivalent to this in the aging DSE Regs, and there was no parallel requirement in CDM 2007, but older Regs do get reviewed from time to time.
|
1 user thanked peter gotch for this useful post.
|
|
|
|
Rank: Super forum user
|
They may have been referring to the Building Safety Bill. In the explanatory notes for the Bill paragraph 333 states “In England, MHCLG intends to use the powers in paragraphs 5A and 5B to provide that the client can treat those persons appointed as a Principal Contractor or Principal Designer under the Construction (Design and Management) Regulations 2015 (CDM) as appointed for the purposes of the building regulations.” Therefore this does represent a momentous change! It is unclear if this will apply obly to high rise buildings. Edited by user 12 July 2021 11:56:50(UTC)
| Reason: Not specified
|
|
|
|
|
|
Rank: Super forum user
|
Originally Posted by: Alfasev  They may have been referring to the Building Safety Bill. In the explanatory notes for the Bill paragraph 333 states “In England, MHCLG intends to use the powers in paragraphs 5A and 5B to provide that the client can treat those persons appointed as a Principal Contractor or Principal Designer under the Construction (Design and Management) Regulations 2015 (CDM) as appointed for the purposes of the building regulations.” Therefore this does represent a momentous change! It is unclear if this will apply obly to high rise buildings.
Will someone please explain exactly what this means. What is the Momentous change. Thanks.
|
|
|
|
|
|
Rank: Super forum user
|
You need to read the Building Safety Bill explanatory notes and make your own mind up. There is too much in the Bill to discuss on this forum but under CDM 2015 you are not responsible for complying with Building Regulations. While that will not change it is intended that those appointed under CDM 2015 are deemed appointed under the Building Safety Bill and all of the legislation it amends and secondary legislation (regulations) to come. In essence the duty holders will be held criminally responsible for ensuring “So Far As Is Reasonably Practicable” that the building complies with the Building Regulations. It binds the CDM duty holders not just to construction safety but to the safety of the completed building. They will have to satisfy themselves, and if required prove it in court, that the building complies with Building Regulations through the design and construction process.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.