Would the CDM Regs 2015 apply for horticultural work?

Under the CDM Regs 2015, the definition of ‘construction work’ is:

the carrying out of any building, civil engineering or engineering construction work and includes the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion;

The Regs also apply to all ‘construction work’ as defined in the Regs.

However the Health and Safety Executive (HSE) has advised that planting and general horticultural work are not considered ‘construction work’ the theref0re the Regs are not applicable for this type of work.

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