Master the most radical changes in construction law since 1994 and avoid the penalties of non-compliance
Detailed analysis of individual roles
This book is the comprehensive guide to the obligations of all parties to a construction project under the new CDM Regulations 2007. It gives a detailed analysis of the individual roles of each party and sets out a checklist to assist practitioners in complying with their obligations.
In line with the new regulations this new book now incorporates the provisions for health, safety and welfare on construction sites. It also addresses the difficult topics of general principles and competence, the consequences of breach of the Regulations and the transition arrangements up to April 2008.
Step-by-step practical advice
Written from the point of view of an experienced civil engineer and construction lawyer, Raymond Joyce provides a straightforward, independent and authoritative assessment of the new CDM Regulations. The book follows a successful formula which provides step-by-step practical advice and guidance on each clause contained within the Regulations. It is organised such that the chapters emphasise the main legal responsibilities for each of the defined roles and provides a straightforward checklist which ensures that you can quickly and easily assimilate the legal responsibilities that affect you.
This book provides you with confidence as to the legal duties upon you and helps you avoid the potential penalties of non-compliance.
Why the need for the new CDM Regulations?
The Health and Safety Commission's aims for revising the 1994 Regulations were to reduce further construction accidents and ill health by the following means:
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being clearer – making it easier for duty holders to know what is expected of them
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being flexible and accommodating a wide range of contractual arrangements found in the construction industry
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emphasising the need to plan and manage work, rather than treating the paperwork as an end in itself
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emphasising the communication and co-ordination advantage of duty holders working in integrated teams
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simplifying the way duty holders assess competence.
Significantly different rules…
The new Construction (Design and Management) Regulations 2007 are the outcome of widespread industry consultation and a virtual rewrite of the previous regulations. The new Regulations are significantly different and realign responsibilities and liabilities for health and safety.
Key changes to the CDM Regulations
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All construction projects are now subject to this regulation
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The Construction (Health, Safety and Welfare) Regulations are now included
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The role of planning supervisor has been abolished – replaced with the CDM co-ordinator
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Health and safety plan has been abolished – replaced with the construction phase plan
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Clients can no longer transfer responsibility to agents
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Clients have wider and more onerous duties
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All parties have new duties to cooperate and co-ordinate their work with the other parties
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There is no special treatment for demolition work
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Designers have to consider future workers in any building or other structure
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Requirements for competence are widely drawn
Cost benefits of the new regulations to the industry
The Health and Safety Commission states that the new Regulations will save the industry £2.7billion, through reduced bureaucracy, and, a further benefit to the construction industry of up to £3.2billion by reducing loss of working time.
The Health and Safety Commission has calculated that the new Regulations will also reduce construction costs by 3% and drastically reduce the cost of competence assessments for the various duty holders.
Read this book and find out for yourself whether or not there will be any savings.
Preface
Part I : Introduction
Chapter 1 : The Facts
Chapter 2 : The Analysis
Chapter 3 : Why The Need for The New CDM Regulations?
Chapter 4 : Costs Benefit
Part II : Framework of Health and Safety Law
Chapter 5 : Common Law
Chapter 6 : Reasonably Practicable
Chapter 7 : UK Legislation
Chapter 8 : European Health and Safety Initiative
Part III : An Overview of The Regulations
Chapter 9 : Application of The Regulations
Chapter 10 : Construction Work
Chapter 11 : Notification
Chapter 12 : Non-Notifiable Projects
Chapter 13 : Notifiable Projects
Index
