15/12/2014 12:12 HRS

Subsequent to the news item posted here on 21 November 2014: CDM UPDATE NOVEMBER 2014: CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2015 (“CDM 2015”)

Cameron Adam, HSE Chair, Joint Advisory Committee on Entertainment has issued a letter containing the following statement:

“CDM 2015

I refer to the discussion at the Joint Advisory Committee on Entertainments (JACE) meeting on 13 November 2014 regarding the Construction (Design and Management) Regulations 2015 (CDM) in the entertainments industry.

This matter generated a considerable degree of discussion amongst industry stakeholders both within and outside the JACE and resulted in a number of requests for clarification from HSE.  This letter sets out HSE’s position going forward.

CDM 2015 will like CDM 2007, apply to construction activities in the entertainment sectors.  HSE has considered the JACE suggestion of a transitional period during which the entertainment sectors would be exempted from enforcement of the regulations, but this is not legally possible. HSE will however, continue to adopt its risk-based, proportionate approach to enforcement of all health and safety legislation in the industry.  This approach recognises the existing management arrangements and processes already in place within the sector to protect workers and others affected by work activities from risks to their health and safety.

HSE’s policy of targeting higher risk industries and poor performers for proactive intervention will continue beyond April 2015 when CDM 2015 comes into force.  HSE’s plans for proactive inspection in the industry are limited to a small number of events involving higher-risk TDS erection and dismantling.

In many production and smaller scale event related construction activities in the entertainment sectors, where risks are generally considered to be lower, CDM management provisions will be of limited relevance beyond what is required by other health and safety legislation.  In accordance with HSE’s Enforcement Policy Statement and Enforcement Management Model, where interventions do take place, the priority will be to consider the effectiveness of risk management, not compliance with CDM administrative arrangements.  The need to consider CDM compliance for such activities by HSE post April 2015 will be rare.

HSE recognises however that the industry will wish to be a position where it can demonstrate compliance with CDM.  In practical terms, duty-holders who currently have effective arrangements in place to manage risks arising from construction activities will need to do little more to comply with the CDM 2015 Regulations.  Both HSE and industry stakeholders need to arrive at a common understanding of what compliance with CDM 2015 will look like in practice.  This is pivotal to ensuring a sensible and proportionate approach to both regulation and compliance and to ensure that the outcome of the, currently paused, Business Engagement Assessment, provides a meaningful analysis of the impact of CDM within the industry.

I do not pretend that this will be a simple or straightforward process, however I am sure you will agree that the only way we can achieve this common understanding is by working together to create sector specific, industry supported guidance, which HSE will reflect in operational guidance for regulators. I therefore encourage JACE members and the wider industry to actively engage with HSE in creating this guidance.  With your help we intend to set up some working groups to take this forward.

I understand your concerns and the strength of feeling around the current position. I hope, however, that you are reassured that HSE remains committed to working with you and others to ensure a sensible and proportionate approach to health and safety regulation within your industry.

Yours sincerely

Cameron Adam, HSE Chair, Joint Advisory Committee on Entertainment”