Please take a moment to read through this report and decide if this applies to you and your undertaking. The PLASA Technical Resources cannot stress how important it is that those who will be affected, read the consultation and comment on the proposals. If you do any work that sees you installing equipment within live events, theatre, exhibitions, conferences etc. CDM 2015 will apply to you and your work will fall under the scope of the Regulations.
The application of the Temporary or Mobile Construction Sites Directive (TMCSD) across all construction activities is the main reason for the inclusion of this industry within the scope of the new Regulations. A point enforced by the statement in the consultation document which states 'The UK remains committed to fully implementing EU Directives and the proposed changes to the CDM Regulations will meet that aim.' (And the work of this industry when erecting stages, installing scenery or sound systems etc. is defined as construction by the Directive and endorsed as such by HSE).
The key aspects of the new Regulations presented by the HSE at the recent meeting are as follows:
Replacement of the CDM co-ordinator (CDM-C) role with the role of Principal Designer
The TMCSD requires pre-construction co-ordination and so the HSE's aim to replace the role of CDM-C with a 'principal designer' (PD). The idea being that the responsibility for discharging the function will rest with an individual or business (it can be either) in control of the pre-construction phase. HSE believe that this leads to a default position in which the responsibility for discharging the function of CDM remains within the existing project team. Whereas with a CDM-C this function was (or is) normally an external contractor coming late into the project and not embedded into the project team in the correct phase of the pre planning process.
Removal of explicit competence requirements
HSE Plan to remove competency requirements but to retain a general requirement under the revision of CDM (new regulation 8) for those appointing others to carry out construction work to ensure that they have received appropriate information, instruction, training and supervision to allow them to work safely. This aligns with the general requirements under Sections 2 and 3 of the Health and Safety at Work Act etc. 1974. HSE believes that the competence of construction industry professionals should be overseen by and be the responsibility of, the relevant professional bodies and institutions.
The consultation document goes on to explain the HSE's vision of removing the myriad of competency card schemes that have been the scourge of entertainment industry companies expected to comply with schemes that in the past have had no relevance to their everyday work when they need access a construction site. It also goes on to state that Principle Contractors shouldn't insist that occasional site visitors, including professionals or ancillary trades require a competence card. One assumes that the installation of entertainment based technologies is an ancillary trade and not a construction based trade.
HSE plan to remove the ACOP and replace it with guidance aimed at particular sectors and in particular, smaller projects. What isn't in the consultation but clear in the briefing at the HSE is that the guidance would probably be written by industry itself in the same way the event safety guide or laser safety in entertainment was or is being writte
