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Review of the Construction (Design and Management) Regulations 2007

04 July 2012

The regulations were originally introduced in 1994 with the aim of reducing injury and fatalities in the construction sector by improving the management of health, safety and welfare throughout the industry.

Although generally well-received, concerns remain, particularly in relation to the Approved Code of Practice (ACoP). In order to fulfil the recommendations set out in the Löfstedt Report (April 2012), into health and safety, the HSE commissioned an evaluation of the 2007 Regulations, which has recently been published.

It seems generally acknowledged that areas to be addressed are the high level of paperwork and the difficulties in interpreting ACoP. While generally positive, the report concluded that:

  • the 2007 regulations have gone a long way to meeting their objectives, but some concerns remain within the industry
  • construction design, management and site practices have improved between 2006 and 2010
  • a cost impact was associated with the 2007 regulations, but respondents rated the benefits to be higher than costs
  • industry practice was found to have a significant influence on how the 2007 regulations are implemented.

The new report also highlighted the following problems with the 2007 regulations:

  • the requirement to appoint duty holders early is not always being complied with
  • in multiple projects, it is difficult to establish who is the principal contractor
  • the quality of coordination is variable.

 HSE’s aim is to redraft the 2007 regulations and to reissue during 2014. We will monitor the position and update as and when more information is available.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

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Nigel Whittaker BA (Hons)
Partner
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