The new Construction (Design and Management) (CDM) Regulations SI 2015/51 came into force on 6 April this year, but their scope still remains unclear.
The Regulations aim to protect protect people from the health and safety risks of construction work by establishing a framework to manage those risks. In doing so, they place various responsibilities on those involved in construction projects.
The wording of the Regulations has raised questions on the legal obligations imposed and whether they extend to day to day maintenance activities, a question which has not been answered by a recent statement given from the Health and Safety Executive (HSE).
The HSE attempted to clarify the definition of maintenance work stating: "The definition of maintenance work has not changed. If the task in hand looks like construction work, requires construction skills and uses construction materials, it is construction work. General maintenance of fixed plant which mainly involves mechanical adjustments, replacing parts or lubrication is unlikely to be construction work."
Some have argued this explanation is not sufficient, and Health and Safety law expert Sean Elson has said: "This does not appear to be much help to duty holders wrestling with the application of the CDM Regulations as it seems to be based on the principle of "you'll know it when you see it"".
The scope of construction work under the CDM Regulations is wide, and the hope is that more guidance will be released as they begin to be used.
The advice given from Sean Elson was that "in the meantime, organisations looking to manage CDM 2015 should reflect on the very wide definition of what is construction in the context of delivering "everyday" maintenance and facilities management activity".
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