The changes to the Construction (Design and Management) Regulations (CDM) and the Approved Code of Practice (ACOP) have been laid in Parliament for scrutiny by Lord McKenzie, Minister of State at the Department of Work and Pensions. That is despite considerable opposition from stakeholders representing a wide cross-section of British industry and from the Forum of Private Business (FSB) on behalf of small businesses.

Campaigns Manager Victoria Carson has written to Phillip Hammond MP (Conservative Shadow Secretary of State for Work and Pensions), Andrew Selous MP (Shadow Minister responsible for Health and Safety) and David Laws MP (Lib Dem Work and Pensions spokesperson).

Undue burden
She said: “We believe that the key cause for concern is that the current system of planning permission and building regulations can deliver safety, particularly in design, without passing undue burden onto the client. There is no need for the additional regulations.

“Through the process of seeking approval, businesses having building work carried out would be reassured and, in turn, risk would be considerably reduced and risk management of health and safety issues enhanced.”

The FPB believes that the imposition of new duties on clients outside an existing reliable approvals system is another cause for concern. The Health and Safety Executive’s (HSE’s) premise that businesses should already be complying with any new duties that will be imposed (under the Health and Safety at Work Act) is regulation by stealth. It does not reflect the practicalities of a small business having building work carried out, possibly for the first time.

Miss Carson said: “The changes have been approved under the premise that businesses already meet the needs of any new duties under the guise of the Health and Safety at Work Act. In reality however, what small business, having building work carried out for the first time, is going to have the slightest idea about what rules and regulations they must comply with.” added.

“The resulting confusion could lead to accidents or a reluctance to have building work carried out, bad news for both the business and the construction firm that would have been employed to do it.”

Unless there is a political will to oppose the changes to CDM regulations and ACOP in their current form, they could come into force in April this year and place a burden of responsibility on any small business carrying out building work.

Miss Carson wants the changes to be rejected: “The proposed changes must be halted and additional liabilities on small business must be properly assessed as a better regulation issue.” Further information
See also:

• Construction regulation delay welcomed - Hardhatter, Dec 2006


• Commission approves safety regulations - Hardhatter, Oct 2006.

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Susie Hughes
The Editor © Hardhatter 2007