7.6 A new feature in the debate over quality is the Construction (Design and Management) Regulations 1994 ("CDM"). Subject to transitional provisions, they should come into force on 1 October (though this date has still to be confirmed). They arise in part from the Temporary or Mobile Construction Sites Directive of the European Union. The CDM regulations exclude54.
1. Projects that are not expected to employ more than four persons on site at any one time or to last more than 30 working days.
2. Projects for domestic clients.
3. Minor works in premises normally inspected by a local authority.
Subject to these exclusions, new statutory duties are placed upon clients, designers and contractors of all kinds. There will be a duty to consider safety and health from the outset of a project, systematically and at each stage. It will be necessary to involve all who can contribute to it. There must be proper planning and co-ordination of safety aspects from the outset, and throughout the project. Health and safety provision must be adequately resourced and carried out by competent persons. Information must be shared and communicated, and must also be recorded for future reference.
7.7 Under CDM, there are specific duties for:-
1. Clients
They must appoint competent designers and contractors. They will also have to appoint a planning supervisor, a new appointment, though it may be filled by a competent person who is also involved in the project in another capacity (e.g. an architect).
2. Planning Supervisors
They must co-ordinate health and safety considerations by designers, ensure a health and safety plan is prepared, prepare a health and safety file and be in a position to advise clients and contractors on competency and on the adequate provision of resources for a safe working environment.
3. Designers (of all kinds)
They must take specific account of health and safety risks in their design work and take steps to eliminate, reduce or control them and provide relevant information.
4. Principal Contractors
They must create and maintain a health and safety plan and ensure that it is implemented, including by all other contractors or subcontractors.
These statutory duties involve criminal offences if it can be shown that someone failed to take proper steps to ensure competence.
7.8 The CDM regulations may represent a step towards de facto registration of contractors. The Courts will require to be convinced that a client has taken proper steps to appoint competent people. It is likely to be a defence if a client can show that a contractor was appointed who had both experience and previous competence. The proposals in this Report for expanding the scope of CMIS to include all contractors and subcontractors seeking public sector work will in practice be a registration system. The Northern Ireland Housing Executive describes its equivalent of CMIS as an "Approved List". A combination of:
1. the drive for a European system of prequalification;
2. the competence requirements of CDM; and
3. the need for high standards of performance
make the registration of firms under CMIS a potential gateway to public sector work.
7.9 As far as private sector work is concerned, little purpose would be achieved by having a massive central register of thousands of self-employed people. Apart from the immense bureaucracy of keeping it up to date, such people are unlikely to be involved as principals in work under standard contract conditions, and, even if they are, it is likely to be on very small jobs below the CDM threshold. Registration should in any case be voluntary. Firms which wish to have some form of registration, but do not to wish to apply either for CMIS (or to be registered with the National House Building Council) can seek it through responsible industry trade associations. Many associations already have codes of conduct. Some also provide consumer guarantees, warranty schemes or informal arbitration procedures between dissatisfied consumers and member firms. Clients will be able to establish, before asking a firm to tender for work, whether:
1. that firm, and its proposed subcontractors, are registered with CMIS; or
2. it is part of a voluntary industry/trade association warranty scheme, or other consumer protection scheme; and/or
3. it has some other form of recognised quality assurance system in place.
Such arrangements will not of themselves guarantee quality. But they will indicate to a client that the firm has a track record and some serious basis of skill and experience.
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54 The duties for designers still apply to projects falling under (1) and (2).