Partner Article

The Construction (Design & Management) Regulations 2007

A Client’s Perspective

With Watson Burton LLP Law Firm

After heavy criticism of the 1994 predecessor to the 2007 Regulations, the Health & Safety Executive conducted industry wide consultation on how to improve construction health and safety.

The 2007 Regulations, which came into force on 6 April 2007, are the result of that consultation and are intended to simplify the obligations and unify the Construction (Design & Management) Regulations with the Construction (Health, Safety & Welfare) Regulations 1997.

The Health & Safety Executive acknowledges that many clients are not construction experts. Therefore, the Regulations impose comprehensive duties on those whom a client employs for their expertise to manage the construction project (e.g. designers and contractors). That is not to say the client does not have any obligations under the new Regulations. In fact, clients have always had key duties, depending on the nature of the project, and these have been clarified and expanded in the new Regulations.

In respect of all construction projects the client will have a duty to:

• take reasonable steps to ensure that the arrangements for management of the project by others are suitable to ensure that work can be carried out safely, that welfare standards on site are met and that any workplace structure is safe;
• ensure that all designers and contractors are provided with pre-construction information (this is an onerous duty which will involve the client providing any information which may affect the site or construction, information about the use of a structure as a workplace, the minimum time the contractor will have to prepare for the construction phase and information which should be included in the health & safety file).

If a project is notifiable (i.e. it will involve more than 30 days or 500 man hours of work) the client will have the following additional duties to:

• appoint a CDM Coordinator and a Principal Contractor;
• promptly provide the CDM Coordinator with the pre-construction information listed above;
• ensure that the construction phase does not begin until the Principal Contractor has prepared a construction phase plan and the client is satisfied that welfare facilities will be adequate;
• ensure the CDM Coordinator has all the health and safety information for the Health and Safety file;
• take reasonable steps to ensure that the Health and Safety file is available for inspection and is revised as appropriate after construction.

When appointing a CDM Coordinator and Principal Contractor the client must take reasonable steps to satisfy himself that both are competent. This will undoubtedly involve making enquiries of their qualifications, previous projects, continued professional development and adequacy of insurance.

If you have any queries about this article please contact Marie-Louise Bozonet at Watson Burton LLP (email: marie-louise.bozonet@watsonburton.com).

This was posted in Bdaily's Members' News section by Ruth Mitchell .