Construction (Design and Management) Regulations 2025 - Health and Safety Legislation Consultations

The Department of Environment, Food and Agriculture (DEFA) has been reviewing specific UK Health and Safety legislation to form a judgment on whether the Island would benefit from greater alignment with UK Health and Safety Executive (HSE) standards. As part of that process, consideration has also been given to whether this UK HSE legislation would enhance public and worker safety for offshore energy developments. This process has culminated in public consultation of specific draft legislation, with the starting point for most of the legislation being existing UK legislation.

DEFA has welcomed stakeholder and public feedback on the proposed health and safety legislation, and where appropriate any associated guidance documentation, through this public consultation process.

There is strong and consistent support for modernising the Isle of Man’s construction health and safety framework through alignment with UK standards. This approach is seen as logical and beneficial, providing a clear, well-established structure that will improve consistency, compliance and overall safety outcomes. However, respondents emphasised that while the direction of travel is widely supported, the success of the new regime will depend on effective, practical implementation. In particular, there is a clear expectation that the framework must remain proportionate and outcome-based, taking account of the Island’s context, including smaller projects, constrained sites and public-sector governance and funding pressures.

A key theme is the need for greater clarity on how duties will operate in practice, especially in relation to client responsibilities and the Principal Designer role. Respondents are looking for clear explanations of what compliance looks like in real-world scenarios, including where risk cannot be fully eliminated and more proportionate or alternative controls are required.  There is also a strong and consistent call for supporting guidance and structured transition support, including IOM-specific guidance aligned to UK HSE materials, alongside training, practical tools and worked examples. Without this, respondents highlight a risk of uncertainty despite alignment with UK legislation.

The proposed implementation timetable is generally supported but recognised as a significant transition that will require careful planning, clear transitional arrangements and sufficient time for all duty-holders, particularly smaller organisations, to adapt.

Finally, respondents stressed the importance of maintaining close alignment with the UK model in practice, minimising unnecessary divergence in structure and terminology. Where differences are unavoidable, they expect clear explanation and cross-referencing to avoid confusion and additional burden.

Overall, stakeholders are supportive of the reforms, with the primary focus on ensuring the framework is clear, proportionate and well-supported in delivery.

The DEFA Health and Safety at Work Inspectorate (HSWI) is grateful to all those who took the time to consider and respond to this consultation.

Due to the December 2025 holiday period and the limited number of initial responses received, it was decided to extend the closing date of the outstanding health and safety legislation consultations to 31 March 2026. 

The consultation process and responses received informed the Department’s assessment of the benefits of the proposed legislation. All consultation responses were considered in detail, alongside direct engagement with relevant Manx businesses. The consultation process has therefore informed the Department’s decision making. Having considered all available information, the Department has decided to pause the introduction of this tranche of legislation until further notice. 

Further engagement between DEFA HSWI and the UK Health and Safety Executive (HSE) will take place in June 2026. Should the Department subsequently decide to proceed with the introduction of any of the draft legislation, this will first be reviewed against the latest position of the relevant UK legislation and updated where necessary. If any substantive changes are made as a result, a further public consultation exercise may be undertaken.