Presented by: Sam Pearce - Consultant

CDM compliance and Prosecutions

Agenda

Agenda● What Is CDM 2015?

● What are the Identified Roles?

● What Responsibilities do they have to be compliant

● Prosecutions

What is CDM 2015?

What is CDM 2015?CDM aims to improve health and safety in the industry by helping to:

● sensibly plan the work so the risks involved are managed from start to finish● have the right people for the right job at the right time● cooperate and coordinate your work with others● have the right information about the risks and how they are being managed● communicate this information effectively to those who need to know● consult and engage with workers about the risks and how they are being

managed

What is CDM 2015?CDM – A Brief History

• Regulations Introduced 1994

• CHSW Regs Incorporated into CDM in 1996

• First Reviewed + Updated in 2007

• Introduction of Fees for Intervention (FFI)

• Review of CDM 2007– Compliance with EU– Government Red Tape Challenge– Concerns from industry – Value of CDM-C

• CDM 2015

What is CDM 2015?

The Main Changes:

• Removal of CDM-C (No longer a statutory Client H+S Advisor)

• Structure of the Regulations Simplified.

• No ACoP – L Series Guidance in place.

• Introduction of the ‘Principal Designer’ role.

• Removal of explicit competence requirements.

• Address areas of the TMCSD relating to domestic clients

• Threshold for appointments and Criteria for a project to become Notifiable –

De-linked.

TMCSD = Temporary or Mobile Construction Sites Directive

What are the identified roles?

Identified RolesDuty Holders:

• Client• Designer• Contractor• Worker

And where there is More than 1 Contractor on a project the appointment of:

• Principal Designer• Principal Contractor

What responsibilities do they have to be complient?

Client Responsibilities• The H+S File is prepared (PD or PC)

• To transfer H+S File with the building to new owners.

• Notify a project if:

• More than 30 days and 20 workers on site simultaneously or;

• More than 500 person days.

• Provide or assist with the provision of welfare facilities

Domestic Client

• The Contractor by default takes on the Client duties under Reg 7.

• 1st Contractor + 1st Designer = PC + PD

Designer ResponsibilitiesDesigners Duties (Reg 9+10):

• Must not commence work unless satisfied that the Client is aware of their duties.

• Must take into account the general principles of prevention.

• Identify and Eliminate foreseeable hazards.

• Where risks cannot be eliminated; Reduce and Control through the design process.

• Provide information on the risks to the PD and ensure appropriate information is included in the H+S File

• Provide with the design significant information about aspects of the design of the structure, its construction and maintenance to assist others.

Principal Designer ResponsibilitiesThe Principal Designer Duties (Reg 11+12):

A PD must plan, manage, monitor and co-ordinate the pre-construction (Design) phase of a project, taking into account the general principles of prevention to ensure:

• Work is undertaken without risk to H+S.• Assist the Client in the preparation of pre construction information.• Identify, eliminate or control SFARP of foreseeable risks to H+S of those

constructing/maintaining/demolishing a structure.• Ensure the cooperation of all persons working on the project• Ensure designers comply with their duties.• Prepare or update the H+S File .• The prompt provision of pre construction information to everyone designing and

constructing a structure.

Principal Contractor Responsibilities Principal Contractor Duties (Reg 13+14):

A PC must plan, manage, monitor and co-ordinate the construction phase of a project, taking into account the general principles of prevention to ensure:

• Works undertaken SFARP without risk to H&S.• They comply with Part 4 (General requirements for construction sites).• Must organise cooperation between contractors.• Must co-ordinate the implementation by contractors of applicable legal H+S

requirements.• Ensure employers and self employed:

• apply the general principles of prevention, • comply with provisions of Part 4 of the Regulations and • follow the Construction Phase Plan

Principal Contractor Responsibilities Principal Contractor continued:

• Must provide a suitable induction.• Must prevent access by unauthorised people to the construction site.• Must provide welfare facilities in accordance with Schedule 2 throughout the

construction phase.• Liaise with the Principal Designer during their appointment regarding risk.• Make/maintain arrangements to engage with workers.• Consult with workers/representatives regarding the project relating to health, safety

or welfare.• Ensure workers/representatives can inspect/take copies of information relating to

health, safety or welfare (with some restrictions).

Contractors ResponsibilitiesSimilar to the Principal Contractor responsibilities with the following:

● If more than one contractor they must comply with;○ Directions given by the PD or PC; ○ The parts of the construction phase plan that are relevant to that their work

on the project. ● Take account of the general principles of prevention when

○ Design, technical and organisational aspects are being decided ○ Estimating the period of time required to complete the work or work stages.

● Draw up a construction phase plan, ○ If not done by PC

● Not employ or appoint a person to work on a construction site unless that person has, the necessary skills, knowledge, training and experience to carry out the tasks safely

● Provide each worker appropriate supervision, instructions and information so that construction work can be carried out, AFARP, without risks to health and safety.

Workers Responsibility● Follow

○ Employers instructions ○ Manufactures instructions○ Training○ Construction phase plan○ Any other duty holders instructions

● Report any lapses in the health and safety of the workplace.

● In general work safely, ○ don’t put themselves at risk or others at risk.

Principles of Prevention1. Avoid Risks2. Evaluate the risks that can’t be avoided3. Combat risks at the source4. Adapt the work to the individual5. Adapt to technical progress6. Replace the dangerous with the non-dangerous or less dangerous7. Develop a coherent overall prevention policy8. Give collective protection measures priority over individual protective measures9. Give appropriate instructions to workers.

Prosecutions

ProsecutionsCFBD Ltd - 28/06/17 - £13,170 fine ● Construction (Design and Management) Regulations 2015 (No 13) para 1● (1) The principal contractor must plan, manage and monitor the construction phase

and coordinate matters relating to health and safety during the construction phase to ensure that, so far as is reasonably practicable, construction work is carried out without risks to health or safety;

R M Contractors Ltd 13/06/17 - £180,000

● Construction (Design and Management) Regulations 2015 (No 15) para 2● (2) A contractor must plan, manage and monitor construction work carried out either

by the contractor or by workers under the contractor’s control, to ensure that, so far as is reasonably practicable, it is carried out without risks to health and safety.

£500k fine for principal contractor over CDM regs breachA civil engineering and construction company based in Birmingham has been fined £500,000 after a worker was run over by a truck.

He sustained serious injuries, including several broken bones in his legs and feet and blood vessel damage, and his right leg was amputated below the knee.

MV Kelly was the principal contractor for the Burntwood Business Park development project, where 370 houses were being built.

North Staffordshire Justice Centre was told that on 15 October 2015 several tipper trucks were delivering material to the site and the drivers were being directed by workers on foot.

The injured ground worker was walking along a haul road to attract the attention of one of the drivers when he was struck by a tipper truck.

£500k fine for principal contractor over CDM regs breachThe Health and Safety Executive found it was accepted practice to walk on haul roads and the traffic management plan was out of date.

It said the site had no access control and its walkways were insufficiently protected.

MV Kelly pleaded guilty to breaching reg 27(1) of the Construction (Design and Management) Regulations 2015. It was fined and ordered to pay £30,000 costs.

Client and contractors fined over multiple CDM breaches

A client, a principal contractor (PC) and a demolition contractor have racked up £30,500 in fines after a building collapsed on a demolition worker in Inverclyde, Scotland.

Taylor Grange Developments (TGD) was the client for the project, which involved demolishing and clearing the redundant Kilmacolm Institute and shops, and replacing them with a new building comprising two ground floor rental units, residential flats above and a basement car park.

TGD had engaged Allied Contracts to act as the PC, which had appointed Altan Plant Hire to carry out the demolition work.

Paisley Sheriff Court was told that on 2 June 2015 inexperienced and untrained workers were demolishing the building by hand when an internal wall and ceiling gave way and fell on one of them. Richard O’Hagen was taken to hospital with fractures to his neck, back and ankle.

Client and contractors fined over multiple CDM breaches

A Health and Safety Executive (HSE) investigation found that Altan Plant Hire had

● Failed to provide a safe system of work as the workers were demolishing the structure with hand tools rather than mechanical equipment.

● Failed to ensure the electrical supply had been isolated prior to work starting ● Not planned for the safe removal of asbestos cement sheets.● Not provided edge protection around holes in the floor ● Not provided welfare facilities that were adequate.

It found that PC Allied Contracts had;

● Not appointed a suitable and experienced demolition contractor● Failed to regularly monitor the safety and health standards on site● Failed to ensure the provision of adequate welfare facilities.

Client and contractors fined over multiple CDM breaches

The investigation also found that as the client, TGD should have taken steps to ensure that Allied Contracts complied with its legal duties.

Altan Plant Hire was fined £20,000 after it admitted breaching regs 15(7) and 20(1) of the Construction (Design and Management) Regulations 2015 for employing workers who had not been trained and for failing to safely plan the demolition work.

Allied Contracts pleaded guilty to breaching regs 13(1) and 13(4) of the same regulations for failing to provide an induction session for workers, and for not planning, managing and monitoring the work to ensure it was carried out safely. It was fined £6,000.

TGD admitted breaching regs 4(1), 4(2)(a) and 4(2)(b) of the CDM Regulations 2015, which cover client duties for managing projects. It was fined £4,500.

Client and contractors fined over multiple CDM breaches

HSE inspector Graeme McMinn said: “Altan Pant Hire used inexperienced and untrained workers to demolish the three-storey building. They wrongly decided to use hand methods to demolish the building when remote demolition by machine was a much safer option.

“Allied Contracts failed to appoint a competent contractor who could carry out the work safely and then failed to make any checks on how the work was done.

“Taylor Grange Developments, as client, set the tone for the project by failing to make suitable arrangements to ensure the demolition work would be carried out safely and failing to ensure that the principal contractor they appointed was complying with their legal duties.

“In addition, none of these duty holders ensured that the workers on site had access to toilets, washing and canteen facilities. This incident is a stark reminder of what can happen when clients, principal contractors and contractors fail to comply with their legal duties.”

Any Questions?