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CLIENTS FINED AS CDM-C AFTER FAILURE TO APPOINT

Injury revealed failure to make CDM appointments and notification

Illson (Builders & Contractors) Ltd, of Burley in Wharfedale has been prosecuted following an incident in November 2008 when a workman was seriously injured after falling from a unguarded platform.

There were no guardrails in place to prevent the workman falling from height as he accessed a work area. He suffered a fractured vertebrae and now has long-term disability problems.

In addition, the company pleaded guilty to an offence under the CDM Regulations 2007 concerning failure to notify the project to HSE. Kendall Varley Ltd, Mr Parkin’s employer, also pleaded guilty to the same offence.

Clients deemed to be the appointed CDM Coordinator

Bradford Magistrates Court heard that both companies were the construction project client and should have appointed a CDM Co-ordinator (CDM-C) who would subsequently notify the project to HSE. 

The CDM Regulations state that failure to make required appointments result in the project client(s) being deemed to have been appointed as the project CDM-C with responsibility for the CDM-C duties.

Illson (Builders & Contractors) Ltd was fined £5,000 and ordered to pay costs of £1,800 for both offences while Kendall Varley Ltd was given a fine of £2,000 and costs of £1,800 for the one offence.

After the hearing HSE Inspector David Welsh commented: 

“If HSE had been correctly notified that work on the Corn Mill was going to take place, it could have inspected the site and the injury may have been averted.

The measures in place at the time – the responsibility of Illson (Builders & Contractors) Ltd – simply did not amount to a safe system of work”.

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