Competency under the Construction (Design and Management) Regulations 2007 and how to assess it

Under the new Construction (Design and Management) Regulations 2007 clients must ensure that their proposed CDM co-ordinator, designers, principal contractor and contractors are competent, adequately resourced and appointed early enough for the work they have to do. In turn, these duty holders must assess their own competency as they cannot accept an appointment unless they are competent to do so.

The new competency test will also bite on any appointment of a planning supervisor or principal contractor under the old 1994 regulations, because unless that appointment was terminated or a new appointment agreed, it is immediately transformed into an appointment as CDM Co-ordinator or principal contractor under the 2007 regulations. However, transitional provisions allow one year for such parties to become competent in accordance with the 2007 regulations and for clients to take reasonable steps to check their competence. This period expires on 5 April 2008.

The Health and Safety Executive may take action and bring prosecutions against clients who have failed to assess or have not properly assessed either the competency of those they appoint or those previously appointed under the 1994 regulations and to which the 2007 regulations now apply. Actions can also be brought against those duty holders who have taken on an appointment and are not competent to do so (including those originally appointed under the old 1994 regulations who have failed to achieve the new standards required by the 2007 regulations).

Wragge & Co's construction experts have compiled an analysis of how competence should be assessed under the 2007 regulations, which is relevant to all duty holders including clients. Take note of any action points to ensure compliance.