The document discusses key changes to the Construction Design and Management (CDM) regulations between 1994 and 2007 in the UK. It notes that CDM 1994 identified new duties for clients and designers but did not fully deliver on improving health and safety. CDM 2007 aimed to simplify the regulations, strengthen coordination requirements, and focus on planning and management rather than paperwork. Key changes included removing the planning supervisor role and introducing the new role of coordinator to assist the client, as well as adjusting notification thresholds.

1. Introduction
Construction Design
&
Management Regulations
1994 - 2007
Key Changes and Practical Applications
By John Curry
Health & Safety Officer

2. Background – CDM 1994
 Construction (Design & Management) Regulations 1994 implemented
key aspects of a construction European Directive 92/57/EEC
 It identified the need to reduce risk by better co-ordination,
management and co-operation
 For the first time the duties on clients and designers were made more
explicit
 CDM 1994 led to a major change in how the Construction industry
managed health and safety
CDM 2007 Overview – Slide

3. CDM 1994 – Why Change?
 Concerns from industry and HSE that CDM 1994 was not delivering
the improvements in health and safety that were expected of it
 Slow acceptance, particularly amongst clients and designers
 Effective planning, management, communications and co-
ordination was less than expected
 Competence of organisations and individuals was slow to improve
 Defensive verification approach adopted by many – led to
complexity, bureaucracy and an abundance of paperwork.
CDM 2007 Overview – Slide

4. Problems with existing system
• Too much paperwork distracted attention from the project in
hand, especially Pre-tender Health & Safety Plans
· Client offloading his duties
· Designers paying lip-service to Health & Safety in design
· Insufficient notice for parties to carry out their duties
· Information not early enough or good enough
 Competencency at all levels

5. HSE’s Expectations on the
Construction Industry
 A change in attitude is needed to deliver the much needed
improvements in construction health and safety
 A ‘business as usual’ approach is not acceptable
 Industry needs to take ownership of the management of health and
safety risks, show leadership and work in partnership
 Focus on effective planning and managing risk
 Ensure people are competent
 Reduce bureaucracy & paperwork
CDM 2007 Overview – Slide

6. History of CDM 2007
 Through extensive consultation and partnership working between
industry and HSE The following changes came about:-
 September 2002 - Discussion Document ‘Revitalising Health and
Safety in Construction’
 March 2005 - HSC publish Consultation Document with draft
Regulations – which combine CDM 1994 and Construction (Health,
Safety & Welfare) Regulations 1996
 December 2005 - HSC agreed Regulations were to be supported by
an Approved Code of Practice and industry produced guidance
 CDM 2007 came into force on the 6th April 2007
CDM 2007 Overview – Slide

7. The objectives of CDM 2007
Simplify the regulations and improve clarity
 Maximise their flexibility
 Focus on planning and management, not ‘The Plan’ and other
paperwork
 Strengthen requirements on co-operation and co-ordination-
encourage better integration of co-workers
 Simplify competence assessment, reduce bureaucracy and raise
industry standards
CDM 2007 Overview – Slide

8. Basic Aims Unchanged, but now focus on
Principal duties on the Client
· Each project requires proper planning at an early stage
· Designers to consider Health & Safety issues at design stage
Inclusive of maintenance
 Contractor to have more responsibilities

9. Structure of CDM 2007
 Five Key parts
 Part 1: Introduction
 Part 2: General management duties applying to all
construction projects
 Part 3: Additional duties where projects are notifiable
 Part 4: Worksite health and safety requirements
 Part 5: General
 Supported by a CDM 2007 Approved Code of Practice (ACoP)
CDM 2007 Overview – Slide

10. CDM 2007 – key points
 Regulations apply to all construction work
 Notification triggers appointment of additional duty holders and
duties in Part 3 of the Regulations
 Principal contractor (PC)
 CDM co-ordinator (92/57/EEC) role of planning supervisor under
CDM 1994 has been removed
 Notification to HSE (F10 Revised Form)
 Construction phase plan requirement for pre-construction plan
under CDM 1994 removed
 Health and safety file requirements simplified
 Most duties remain on clients, designers & contractors regardless
of notification, the accent is on Planning & Management
 Greater clarity in relation to competence assessment and new
competence criteria in the ACoP CDM 2007 Overview – Slide

11. Trigger for Appointments
 Notifiable construction work under CDM 2007 are construction
projects with a:
 Non-domestic client and involve:-
 Construction work lasting longer than 30 days
or
 Construction work involving 500 person days
Note – Trigger under CDM 1994 had been more complex
five men on site rule
CDM 2007 Overview – Slide

12. New Regulations
Planning Supervisor role Relinquished & becomes the co-ordinator
 Co-ordinators job is also to assist the client to carry out his duties
 Construction Phase Health & Safety Plan produced by the Principal
Contractor will be the main document. (Simplified Version)
 CDM no longer automatically applies to any demolition contract –
but method statement and detailed safe method of work still
applies

13. New Regulations (cont)
• The “five or more” workers on site rule no longer applies, i.e..
CDM applies to all non-domestic work in excess of 30 days
duration and/or excess of 500 person days
CDM duties on designers always apply (as they do at present).
 An information pack is to be prepared in lieu of a Pre-tender
Health & Safety Plan. This is should be a much shorter and
concise document than the previous pre-tender Health & Safety
Plan. Items which are obvious from the drawings and
specification need not be included.

14. Principal Contractors
• Must not accept an appointment unless a CDM co-ordinator
has been appointed
· Develop, update and implement Health & Safety Plan
· Consultation (Plan and Manage)
· Ensure site welfare meets required standard
 Control of contractors clarified

15. Designer’s Duties
• Offence to accept an appointment unless competent
· Must consider Health & Safety as part of design process
 Consider all Health & Safety risks involved in constructing the
building and all future maintenance & Repair works
 Pass on information of risks that cannot be eliminated
 Designer cannot accept an appointment (other than initial
work) unless the Client has appointed a co-ordinator and the
HSE are notified.

16. Please note…..
Both Principal Contractor and Designers have a duty to
point out the law to a client regarding appointment of a
CDM Co-ordinator and notification, as it is accepted that
clients could be completely ignorant of their duties under
the regulations.
 Regulations 4, 5,6 and 22-24 and Part 4 of the
Regulations. HSE ACOP.

17. Time!!!
 Time is now recognised as a resource.
This is explicitly referred to in new CDM
Regulations.
 The right information, for the right people, at the
right time. HSE ACOP

18. CDM 2007 – Key messages
 Industry and HSE have worked in partnership to revise and simply
the CDM Regulations and combine them with the CHSW
Regulations
 The new regulations apply if you are involved in construction and
will help you to improve health and safety in the industry
 The aims of the new regulations are to have the right people for the
right job at the right time to manage risks on site, reduce paperwork
and encourage teamwork
 Focus on effective planning and managing risk
CDM 2007 Overview – Slide

19. CDM Key Changes Introduction
Clients Increased Duty for Management
 Expansion on Designers Duties
 New Duty Holder Co-ordinator
 CHSWR Revoked Included in CDM Part 4
 Some Transitional Arrangements Agents/Clients Co-
 Ordinator
 Notification Simplified 30 working days or 500 person days
 Demolition/High Risk Requires Written Plan Regardless

20. CDM Key Changes For Clients
All Projects
Clients no right to contract out liability
•Can rely on Coordinator for advice but duty to check
competence & liability remains
•Ensure Sufficient Time and Resources Allocated
•Duty to provide relevant information not Pre-tender
•E.G Site Survey, Services Information, Existing
Conditions, Asbestos, Ground Conditions

21. CDM Key Changes For Clients
All Projects
 Check Competence of Other Duty Holders
 Ensure Suitable Welfare from start, i.e. Compound,
Secure Perimeter Fencing, Welfare Units Day one
 Maintain Reasonable Management of Project at all
Stages
 Ensure Designer Complies with Construction
Workplace Regulations

22. CDM Key Changes For Clients
Notifiable Projects
 Appoint Co-ordinator as soon as possible
 Client ensures appointments of Duty Holders if not
appointed then he becomes duty holder by default
 Ensure Notification to HSE, F10 Remains but in new
format

23. CDM Key Changes New Role
Co-ordinator
 Role Aimed at Experienced Construction Professionals
 Competent, Suitable co-ordinater with H&S Knowledge
 Advise Client on Competency of Other Duty Holders and
make the client aware of their responsibilities
 Co-ordinate all Parties involved
 Remove the need for bureaucracy (paper chase)

24. CDM Key Change New Role
Co-ordinator
 Has responsibility for collating information H & S File,
Client still has overall responsibility for Management
 Manage the project from start to finish
 Draw people together work with all duty holders
 Not directly responsible for monitoring H&S, All Duty
Holders Responsible
 Must be good communicator & competent !!

25. CDM Key Changes Designer
•Not to start work until Co-ordinator appointed.
•Duty to Design out Risks at Source
•Inform Others of Risks and Probable Risks Reg 11
•No Design Risk Assessments required
•Risks should be highlighted on design i.e. on
drawings for clarity (HSE Recommendation)
• No copious amounts of records required DRA
•Must be competent, trade body membership, H & S
competence essential (no transitional period)

26. CDM Key Changes All Contractors
•Make Sure Client is Aware of their Duties
•Must Not Start Work until Client has Provided
Adequate Information
•Must Consult with Workforce on all Matters of H & S
•Provide all Relevant Information for Project
•Meet requirements of Part 4, Welfare etc
•Inform Sub contractors of time frame lead in to start of
works etc
•Ensure all resources man power, materials etc can be
marshalled in time

27. CDM Key Changes Principal
Contractor
 Must Make Client Aware of Their Duties.
 F10 Must be in Place Prior to Commencement
 Principal Contractor has to be Made Aware of all
Contractors on Site
 Principal Contractor has Authority Over All on Site,
Even Client Appointed Contractors
 Maintenance of Systems, Fencing, Signs
 Site Inductions Must be Carried out

28. CDM Key Changes
Everybody Involved
 Requirement to Check Your Own Competence
 Expert help can be sourced to supplement Competence
 Ensure Required Inspections & Audits are Carried out
As per Part 4
 Inform other Duty Holders of their Duties Especially the
Client
 Co-operate and Communicate with all involved in
Project

29. CDM Key Changes
Competency Requirements
 As Specified in ACOP
 Duty Holders Must Have Good Understanding, Task
Knowledge & Experience
 Assessment of Competency Essential i.e. Stage one or two
 Duty Holders Need Proof of Health and Safety
Competency, Minimum NEBOSH Construction Certificate
 Transitional period for Co-ordinator none for Designer

30. CDM Key Changes
Competency Requirements
•Supervisors and Managers Require CSCS with S/NVQ
•General Workers will require relevant CSCS, CPCS with
S/NVQ or equivalent?
•Monitoring of Competency Still Required with Adequate
Supervision and Checks Carried Out
•No Transitional Period
•Potential Problems with Foreign Workers

31. CDM Key Changes
CHSWR Now Part 4 of CDM
 Majority of Original Regulations Remain Same
 Some Dialogue Changes to Promote Clearer
Understanding
 Demarcation of Site Changed to Include Fenced
and Signed to the Perimeter
 Temporary Supports/Structures Requirements
More Specific
 Demolition More Specific

32. CDM Key Changes
CHSWR Now Part 4 of CDM
 Explosives Requirement Specified
 Alteration to the Requirement for Excavation/Inspections
 Additional Requirements for Working close to Electricity
 Changes to Working Close to Water (some now covered
by PUWER)
 Doors and Gates Covered by Workplace Regulations
 Changes to Provision of Personal Welfare on Site

33. Good News Health & Safety, Works!!
But We Still Need to Improve
 HSE Figures for 2005-2006
 59 Deaths in Construction
 lowest ever. With 2.2 Million Employees
 24 Falls From Height
 8 Hit by Moving Vehicles
 Big Reduction in Major Injuries
 Main Cause of Accident Slips, Trips & Falls
 Lowest Rates of Stress Incidents of all
Industries

34. However This Year HSE Report
 78 Reported deaths so far in Construction
 10-15% Not Classed as Workplace so actual figure
expected to be about 67?
 But reported major injuries still falling
Reference Sources:- Construction (Design and Management) Regulations 2007
CDM Approved Code of Practise 2007.
HSE Web Site, CDM Making a Difference Jeanette Reuben Jan 07

35. Thank You!!