ACoP for the CDM 2015 Regulations?

When the Construction (Design & Management) Regulations 2015 (‘CDM 2015’) were introduced in April 2015, the Health and Safety Executive (‘HSE’) published guidance, L153, to accompany them. A number of other organisations also published their own information for other roles included in the new legislation. However, there has yet to be produced an Approved Code of Practice (‘ACoP’) for the CDM 2015.

Unlike guidance documents, ACoP’s have a special legal status in that courts are able to refer to them in deciding whether a duty holder met their obligations under the associated regulations.

A final formal decision on whether or not there will be an ACoP for the CDM 2015 is still awaited. However, the Construction Industry Advisory Committee (‘CONIAC’) reported at its meeting held in November 2015 that the majority of its members thought the case for a new ACOP had not been made.

CDM specialist Christian McCale of construction site safety company Innov8 remarked:

“As well as best practice, the lack of an ACOP also poses questions of competence. The previous ACOP had a series of questions which specifically targeted the competency needed to undertake a CDM role. This has now changed, with the new regulations requiring individuals/organisations to have the necessary skills, knowledge, experience and capability to undertake a role.”

“Overall, there would certainly appear to be a case for having greater clarification, direction and examples of best practice in all of the construction scenarios now covered by CDM in order to ensure the provision of more clarity and transparency in the application of the regulations.”