The Health and Safety Executive (HSE) have announced that they will not go ahead with plans to abolish the approved code of practice (ACoP) to the Construction (Design and Management) Regulations (CDM) SI 2007/320.

They have agreed to keep a simplified ACoP, after a consultation returned most were in favour of keeping an approved code.

An ACoP is a guidance tool. If the advice of the ACoP is followed, it is sufficient for legal compliance.

32% of 1213 in a survey said they would like to see the existing ACoP withdrawn and replaced with sector-specific guidance.

Over two thirds, however, said they felt that withdrawing CDM2007 and replacing it with a more generalised duty to check contractor's fitness was unclear. Despite this sentiment, the HSE are said to be in favour of making this change, but have said they would clarify the wording in the regulations.

Further changes include:

  • replacing the CDM co-ordinator, who is responsible for embedding safety throughout the life-cycle of a project, with a new principal designer role;
  • extending the duties of the CDM to clients on domestic projects; and
  • dutyholders must notify the HSE of a construction project within 30 working days and more than 20 workers on site simultaneously. 

The consultation on the draft for CDM 2015 returned 1427 responses, some of which were from CDM co-ordinators whose roles would be terminated under the proposals. A further 400 were respondents in the entertainment sector, which would see a knock on effect from the planned extension to their sector of EU legislation covering mobile and temporary sites.