Do construction regulations apply to the events industry?
Status quo
In theory, the Construction (Design and Management) Regulations 2007 (CDM 2007) do apply to the events industry. The term “construction” within the Regulations is defined broadly, incorporating the construction, fitting out, decorating, commissioning, assembly and disassembly of pre-fabricated elements and installation of electrical and communications services.
However, some types of structure are exempt from CDM 2007, including marquees, tents and “lightweight moveable partitions used to create exhibition stands/displays” . The latter structures are known in the industry as “shell scheme”.
In summary, CDM 2007 does apply to most stands built by an exhibitor within a defined area, i.e. “space-only stands”, and covers many stage sets.
Limits of enforcement
Although CDM 2007 applies, the HSE has chosen not to enforce the full weight of the Regulations. A statement on its website reads, “HSE policy is that the CDM Regulations do not provide a useful regulatory framework for temporary structures used in the entertainment industry. This is because the CDM Regulations were specifically drafted for the procurement and delivery of projects in the construction industry. The processes and management arrangements in the entertainment industry can be significantly different.”
In practice, this means that the more bureaucratic parts of the Regulations are not enforced, e.g. the appointments of CDM co-ordinator and principal contractor, notifications, etc. However, HSE inspectors still expect the practical site safety requirements to be complied with, i.e. general site tidiness, stability of structures, traffic routes, lighting, etc.
On the horizon
The HSE is consulting on proposed new CDM Regulations which are expected to come into force in 2015. Concerns have been expressed by some who organise conferences and exhibitions as they expect the new Regulations to apply in full, without any concessions. This could result in paperwork and procedures which have not previously been required.
Practicalities
Whilst future CDM legislation may require forms to be completed, or formal appointments to be made, fundamentally the standard of safety to be achieved won’t change.
The authorities will continue to expect that structures are built and dismantled safely. If you are an organiser of such events, you’re expected to exert control over site safety.
Tip 1. Set your safety rules well in advance and send them to exhibitors and contractors. Incorporate into them the rules for behaviour on site, requirements for structural stability throughout the build and any restrictions on materials and equipment which may be used.
Tip 2. Make it clear that if there is non-compliance with your safety rules, work will be stopped and there will be no compensation paid if the exhibitor is not able to complete their stand.
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