Government 'wants CDM exemption'

by John d'Arcy



The construction industry's biggest client, the Government, is said to be demanding a measure of exemption from its safety responsibilities under the Construction Design and Management Regulations in a way that undermines the basic purpose of the legislation.

The regulations, in part, lay down client responsibilities for ensuring health and safety on site. And it is understood that the Government's case for exemption relates to private finance initiative contracts and those involving public-private partnerships. It is argued that these raise legal uncertainties over the identity of the client.

Suzannah Thursfield, director of health and safety at the Construction Confederation, said: "On certain private finance contracts there has been some confusion over who is the client for CDM purposes.

"The planning stage on such projects can be extremely drawn out and involves much of the design element, and it is this stage that is crucial to the effective implementation of CDM. I do not think the Government is seeking exemption from CDM. Rather, its definition of PFI relating to CDM does not apply the client duties in the way that they were intended."

She added: "If the PFI client duties do not come into effect until a contractor or special purpose vehicle is appointed, then the whole point of CDM has been missed."

The Health and Safety Executive was unable to comment this week. But the HSE is believed to be in correspondence with the Treasury over the issue. It is understood to be taking the line that, whatever the legal arguments, any exemption for the Government hardly sets an example for the rest of the industrys clients.

A code of practice on CDM is already under review and is proving the source of some controversy. The regulations themselves may come up for review next year.

Owen Tudor, senior health and safety policy officer at the Trades Union Congress, said he was unaware of any move for exemption. He said it would not be consistent with Government initiatives on procurement in construction.

He added: "The central feature of CDM is to ensure adequate management of health and safety in construction. It would be disappointing if the Government was not seen to be setting standards."

George Brumwell, general secretary of UCATT and a member of the policy-making Health and Safety Commission, said: "If this were true, there would be widespread opposition from the industry and from the HSC.

"CDM is one of the most successful pieces of regulation that we have had in the industry. I would have thought the Government would be wanting to consolidate its currently shaky political position rather than antagonise parts of industry."