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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Construction (Design and Management) Regulations (Northern Ireland) 2016 (CDM 2016) are designed to ensure that construction work is carried out safely and that risks to workers and the public are minimized. The regulations apply to all construction work, regardless of the size or duration of the project.
Under CDM 2016, those involved in construction projects, including clients, designers, contractors and workers, have legal duties to ensure that health and safety risks are managed effectively throughout the project lifecycle. The regulations require that a construction phase plan is produced before work begins and that there is effective communication and coordination between all parties involved in the project.
The aim of the regulations is to reduce the risk of accidents and ill-health in the construction industry and to ensure that projects are completed safely, on time and within budget. They apply to all construction projects in Northern Ireland, including new build, refurbishment and demolition work.
Under The Construction (Design and Management) Regulations (Northern Ireland) 2016, there are several evidence requirements that must be met to ensure compliance with the regulations. These include:
1. Construction phase plan: Before work begins, a construction phase plan must be produced that sets out how health and safety risks will be managed during the construction phase of the project. This plan must be available to all workers on site.
2. Health and safety file: A health and safety file must be produced at the end of the project, which contains information on the project, including details of any hazards, risks and safety measures that were implemented. The file must be kept up-to-date and be made available to anyone who needs it.
3. Competence: Those involved in the project must be competent to carry out their roles and responsibilities. This includes having the necessary skills, knowledge, training and experience to carry out the work safely.
4. Communication and coordination: Effective communication and coordination is essential to ensure that risks are managed effectively. The regulations require that all parties involved in the project work together and share information to ensure that health and safety risks are properly managed.
5. Risk assessments: Risk assessments must be carried out at all stages of the project to identify potential hazards and to determine the measures needed to control the risks.
Overall, the evidence requirements under The Construction (Design and Management) Regulations (Northern Ireland) 2016 aim to ensure that health and safety risks are effectively managed throughout the project lifecycle. By complying with these requirements, those involved in the project can help to reduce the risk of accidents and ill-health in the construction industry.
There are certain exemptions to The Construction (Design and Management) Regulations (Northern Ireland) 2016. These include:
1. Domestic clients: The regulations do not apply to domestic clients who have work carried out on their own home, as they are not considered to be carrying out a business activity.
2. Low-risk work: Some low-risk work, such as minor maintenance or repair work, may be exempt from the regulations. However, the duty to manage risks still applies and the work must be carried out safely.
3. Single contractor projects: If a project involves only one contractor, who is responsible for both the design and construction phases, the regulations do not apply. However, the contractor is still responsible for ensuring that health and safety risks are properly managed.
It's important to note that while some projects may be exempt from certain requirements of the regulations, there is still a legal duty to ensure that risks are properly managed and that work is carried out safely.
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