How might Brexit affect the CDM Regulations?

It is clear from the Queen’s Speech that Brexit-related legislation will dominate parliamentary business for the next two years – with potentially enormous implications for the construction sector.

As CDM professionals, the team at Aegis are aware that there has been much speculation about how Brexit might affect the CDM Regulations. This debate is especially relevant because the regulations – widely regarded as highly effective – were introduced to ensure UK construction law was compliant with EU legislation.

However, we are confident that nothing will be changed quickly or drastically.

Why health and safety rules are low on ministers’ reform agenda

The first point to make is that health and safety law will be nowhere near the top of the government’s long and complex ‘to-do’ list for Brexit. There are many more urgent and larger issues that need to be addressed. These include big economic and cultural questions around trade deals, immigration and agriculture.

It is also highly unlikely that the government or the HSE will want to repeal CDM Regulations 2015. We think there are three main reasons why we will not see early or substantial change.

High standards apply whether the UK is in or out of the EU

Firstly, regardless of EU membership, the requirement remains for high health and safety standards in the UK construction industry – and the CDM Regulations are crucial to maintaining them. It is no coincidence, for example, that fatal accidents on construction sites have fallen significantly since the CDM Regulations were introduced just over 20 years ago.

CDM regulations are already on UK statute books

Secondly, the government will not need to repeal EU health and safety law that currently applies to the UK. This is particularly pertinent to the CDM Regulations, which have already been incorporated into British law.

HSE will not want to lose what it has gained

Finally, the Mobile Sites Directive, from which CDM 2015 originated, was heavily supported by the HSE to become part of EU legislation. The HSE will not want to lose the CDM Regulations while it cuts other, less pivotal legislation.

To discuss how Aegis can support you or your organisation in relation to Brexit and CDM Regulations, please call 01772 736 522 or email