The Temporary Mobile and Construction Workers Directive (92/57) has been transposed and implemented in the UK with the introduction of the Construction (Design & Management) Regulations.
A recent European Court of Justice (ECJ) decision on an Italian domestic project would suggest that the UK is not applying the directive properly.
MAIN PROVISIONS
The potential consequence from the ECJ ruling would be a requirement to apply the full CDM regulations across the UK to all projects where there is likely to be more than one contractor on site (including the appointment of a CDM-C).
CURRENT STATUS
The HSE is currently considering the UK position on full compliance with the directive.
... so, watch this space! ...
The European Commission has released a non-binding guide to understanding and implementing Directive 92/57/EEC.
The guide aims to assist all parties involved in construction to understand and implement the provisions of the Directive.
The commission’s guide can be found at:
DATE UPDATED April 2011
Ed.