Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.
CDM special
What CDM 2007 does, that CDM 1994 did not, is think about the end-user: those who work within the building and their obligations under health and safety law. And for this reason it seems facilities managers could have a more significant role to play — while still not being legally bound — than they have done under CDM 1994. The new Regulations promise to deliver a more holistic approach to CDM, encouraging all interested parties to play a role, with a view to identifying risks early in the proceedings. There is particular focus placed on the duties of clients, who become more accountable for the health and safety of their projects. This development alone has caused concern among client organisations and small business groups, whoconsider this to put too great a burden on small businesses or infrequent clients. The HSE maintains that the new Regulations do not actually impose any new duties, while legal experts are less convinced, arguing that “When you actually start to look at it carefully there are some pretty fundamental shifts. It’s not a bit of window dressing; there is some pretty fundamental re-drafting. It is more than clarification. What they’re really doing is not clarification, but redefinition. They are redefining what they want those duties to be.”In this issue…
Legal calendar
Check that you are ready for all the events and legal developments coming into force in February and March.
Forum
Thoughts and opinions from Workplace LawNetwork members on a hot topic.
Clients: Could Do More
Under the new CDM 2007 Regulations the role of the client is changing — they will now have extra responsibility for ensuring good health and safety throughout the life of a construction project. But is it really fair to shoehorn clients into this new role? Well, actually, yes, says Katy Brown.
CDM 2007: an FM’s perspective
Whether you consider a building to be ‘fit for purpose’ or not depends on your viewpoint; while a designer might feel it is, an FM who actually uses the building could disagree. CDM 2007 re-empahsises the need for designers to consider the ultimate life of a building when designing it — will this have any real practical effect for FMs? Patrick Dye investigates.
Going for gold
London 2012 will not only offer a world-class stage for the world’s top athletes, but a legacy that includes transforming and regenerating one of the capital’s most underdeveloped areas. So how will the new CDM Regulations affect the Olympic Delivery Authority’s bold vision? Bernie Sheehan reports.
8th Annual Facilities Management Legal Update Conference and Dinner
During the two days of Workplace Law’s 8th Facilities Management Legal Update Conference delegates attended 20 separate sessions considering current and upcoming legislation, and issues that will loom large for FMs in 2007.
CDM 2007 — the right change to make?
James Preston-Hood of the Construction Clients’ Group argues that, while a review of the Construction (Design and Management) (CDM) Regulations are welcome, the Regulations should have been consolidated into Planning and Building Regulations rather than being kept separate as the CDM 2007 Regulations.
Case law
Legal experts offer their advice to employers on the implications of recent case law.
Technical guidance
Employment Tribunal proceedings: libel and confidentiality issues; New code of practice: charges in commercial property; and Statutory Grievance Procedure — case round up.
Clinic
Is there a legal wind speed that you are not allowed to work in?
Analysis
Lying on CVs — the whole truth.
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