The guidance will appear in updated JCLI contracts

LI agrees guidance on 2015 CDM regulations with HSE

The Landscape Institute has agreed the extent of the application of the Construction (Design and Management) Regulations 2015 (CDM 2015) to landscape works and landscape maintenance works with the Health and Safety Executive (HSE).

As part of the process of updating the JCLI Contracts to accommodate CDM 2015 the Landscape Institute has agreed guidance with HSE to replace the previous guidance in JCLI Practice Notes 8 and 9.  As well as covering the application of the CDM 2015 to landscape works and landscape maintenance works, the guidance explains the CDM options in the JCLI Contract CDM Amendment documents.

The guidance on the application of the regulations to hard and soft landscape remains the same, but the revised guidance includes several new statements which mostly relate to CDM 2015.  For example:

‘The HSE has advised that where good health and safety practice is being followed the differences between a project where the CDM Regulations apply and one where they do not are likely to be minimal.’

‘When soft landscape work is part of a construction project, unless the soft landscape work can be segregated from the “construction work” physically or by time, it will be part of the construction project.  Therefore, although there will be no duties under the CDM Regulations associated with the soft landscape work, there will be duties relating to health and safety on the construction site.’

The threshold for appointing a Principal Designer and Principal Contractor in CDM 2015 is whether more than one contractor will be required on site at any one time, and the definition of contractor includes sub-contractors.  The guidance states that ‘if there will be two (or more) contractors only one of whom is doing “construction work” then there is only one contractor in terms of the CDM Regulations, whether one is a sub-contractor to the other or not.’

The JCLI Amendments to accommodate CDM 2015 and the revised guidance are available free here .

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