02 April 2015

Out with the old, and in with the new …..On 6 April 2015 the existing CDM Regulations will be replaced by the new CDM Regulations 2015. The new regulations introduces significant changes to the way that you will have to manage health and safety for works ranging from new builds and refurbishment projects to the more routine maintenance works that you carry out day to day on your housing stock.

All construction works that you carry out will, from 6 April 2015, need to comply with CDM 2015.

Are you ready?

From 6 April 2015:

• all construction works will need a Construction Phase Plan and for works involving more than one contractor, a Health and Safety File will be required;
• for works involving more than one contractor, as a client under the Regulations, you will need to appoint one of your team as the Principal Contractor and you will need to appoint a Principal Designer;
• significant changes will be made to the roles and responsibilities of all duty holders under the CDM Regulations. As clients, contractors, designers, the Principal Contractor, the Principal Designer and workers, you and your people will need to be fully aware of your new duties and obligations; and
• the role of CDM coordinator will be abolished.(1)

Health and Safety matters. Compliance with CDM 2015 is not optional.

What you need to do now

• You and your teams now need to come up to speed with the new requirements and the changes to your duties and obligations as duty holders under CDM 2015.
• Going forward you will need to ensure that all works that you carry out are CDM 2015 compliant and that the documentation you put in place for all projects is in line with CDM 2015 requirements.
• For existing, ongoing projects, you will need to consider the adjustments that you will be required to make to your existing works’ documentation to ensure CDM 2015 compliance under the transitional provisions provided for by the new regulations.

For help and advice please contact bto’s Construction & Engineering team:

Sandra Cassels Partner bto solicitors T: 0131 222 2939                     E: sic@bto.co.uk	Claire Mills Associate bto solicitors T: 0141 221 8012                     E: crm@bto.co.uk	Caroline Earnshaw Associate bto solicitors T: 0131 222 2939                     E: cea@bto.co.uk

(1) Subject to transitional provisions.