Key changes

This area summarises some of the key changes in the new 2007 CDM regulations. You can also access abbreviated versions for each duty holder using the links to the left of the page.

• Regulations are re-ordered to group duties together by duty holder and to show whether individual provisions apply to all projects, only notifiable projects, or only non-notifiable projects. (The definition of ’Notifiable‘ is unchanged, but the application provision relating to fewer than five workers on site has been removed).
• Work for domestic clients no longer needs to be notified.
• The client’s agent and developer provisions are removed. Under CDM 2007, a group of clients involved in a project can now elect one or more of its members to be the only client(s).
• The role of planning supervisor ceases to exist. The ’CDM co-ordinator’ is introduced to support and advise the client and to co-ordinate design and planning.
• The appointment of a CDM co-ordinator, principal contractor and a written health and safety plan are only required for notifiable projects (but demolition work requires a written system of work).
• Duty holders cannot accept an appointment/engagement unless they are competent to carry it out. Additionally, they cannot arrange for, or instruct anyone, to carry out or manage design or construction work, unless that person is competent (or being supervised by someone who is).
• Assessment and demonstration of competence is simplified, with new core criteria and specific ACoP material on individual and corporate competence.

• There are general co-operation and co-ordination duties on everyone involved in a project (relating to others on the same or adjoining sites). This is a specific requirement to implement any preventive and protective measures, on the basis of the principles specified in the Management of Health and Safety at Work Regulations 1999.
• Clients now have the duty, (which already exists in the Health & Safety at Work etc. Act 1974 and Management Regulations) to take reasonable steps to ensure that managerial arrangements made by duty holders (including time and other resources) enable construction work to be carried out, (any related structure designed for use as a place of work can be used), without risk to health or safety. Clients have the duty to ensure that the arrangements are maintained and reviewed throughout the project.
• Clients must tell designers and contractors how much time they have, before the start of work on site, for planning and preparing construction work.
• For notifiable projects, designers are prohibited from doing anything more than initial design work before the CDM co-ordinator has been appointed. In preparing or modifying a design they are required, so far as is reasonably practicable, to avoid risks to the health or safety of any person using a structure designed as a workplace. They must eliminate hazards which may give rise to risks and reduce risks from any remaining hazards.
• The civil liability exemption has been removed in relation to the employer/employee relationship. The management regulations have already been amended along these lines.
• Various definitions have been changed, including those of ’client’, ‘construction phase plan’, ‘construction work’, ‘contractor’, ‘design’ and ‘designer’, ‘place of work’ and ‘structure’.