On Thursday 7th May, the HSE published its long anticipated second post implementation review (PIR) of the CDM Regulations 2015.

Regulation 39 of the CDM Regulations 2015 requires a review to be carried out by the HSE every five years since the regulations came into force. The purpose of the review is to:

1. set out the objectives that the regulation intended to achieve;
2. assess the extent to which those objectives are achieved; and
3. assess whether those objectives remain appropriate, and if so, the extent to which they could be achieved with a system that imposes less regulation.

The overall conclusion of this PIR, while not directly re-examining the CDM 2015 objectives, is that the overarching objectives of CDM 2015 have been achieved and remain fit for purpose:

• Overall, the impact of the CDM 2015 regulations on health and safety in the industry has been positive;

• CDM 2015 dutyholder roles have helped health and safety co-ordination on construction projects; and

• Simplified guidance introduced by CDM 2015 has made a moderately positive impact in terms of complying with the CDM regulations, however gaps remain.

So, what’s next?

While the PIR recognises issues with CDM 2015, it concludes they do not justify changes to the regulations. The impact of CDM 2015 on health and safety in the construction industry is still seen as being positive and legislation is still the preferred option in terms of ensuring health and safety on construction projects according to the survey held.

The HSE however will be considering several issues highlighted by the PIR, suggesting that guidance supporting the regulations will need to be added to and/or revised to:

• Clarify the complexity of the pre-construction phase of the project and re-emphasise the need for early input from a competent PD.

• Provide further clarity for all CDM 2015 dutyholders on the obligations of the Client and the competency requirements of the PD role.

• Encourage the use of common digital systems for collating consistent project information and data so that it is accessible to all dutyholders.

• Ensure that SMEs are provided with proportionate and targeted CDM 2015 guidance, directly relevant to the issues they are likely to face on a day-to-day basis, in an easy-to-understand and concise manner.

APS is familiar with the issues highlighted, and notes in particular that the PIR highlights the need for early engagement of the PD CDM and the need for greater clarity on the competence requirements for the PD role.

Members will be aware, through APS’ regular bulletins, that following the Building Safety Act and Grenfell Phase 2 report, competence of safety critical professions is very much in the spotlight.

APS will be working to ensure we support our members’ competence needs and APS stands ready to work with the HSE so we can collaborate towards better health and safety outcomes for all.

You can find the PIR here