Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

DOMESTIC CLIENT RESPONSIBILITY FOR CONTRACTOR SAFETY

Worker injury claim against homeowner highlights CDM domestic client debate   

The Daily Mail has reported on a High Court case in which an injured builder is pursuing a claim for damages against the domestic client on whose property he was injured.

The claimant alleges that he was standing on a ladder belonging to the client whilst holding a roll of roofing material which he intended to pass up to a colleague on the roof of the garage. The ladder toppled over and he fell to the ground.

Following a High Court hearing in March 2010 the written judgement by The Hon Mrs Justice Swift DBE found in favour of the homeowner. However, Tomasz Kmeicic (aged 31) has now been granted permission for the matter to heard by the Court of Appeal.

Householders will greet case with ‘horror’

Robin Allen QC, for Mr Kmiecic, said the case would:

“provide an excellent opportunity to give a definitive ruling on the extent of householders’ duties towards workmen”.

At the earlier High Court hearing, Mrs Justice Swift suggested that the real culprit was the uninsured building contractor who had engaged Mr Kmeicic.

In granting the appeal she added that the issue raised points of European law never before considered by the courts and noted that the case would be ‘greeted with some degree of horror’ by many householders.

Comment

This case is a reminder of similar possible developments in relation to the statute law, namely the CDM Regulations 2007.

The Temporary or Mobile Construction Sites Directive was implemented in the UK through the CDM Regulations 2007. However, the UK approach to implementation of the Directive exempted domestic clients from CDM client duties whilst no such exemption exists in the Directive. 

Policymakers in the UK felt it would not be “practical, proportionate, politically acceptable or enforceable to place duties on true domestic clients”.

The approach adopted by the UK and others is still being reviewed by the EU. Domestic construction clients could still in the future find themselves facing responsibility for contractor safety on both civil and statutory fronts!

Latest Construction Health and Safety News

PRISON TERM FOR SOLE TRADER CONTRACTOR

Small contractor pays the price for failing to manage work at height hazards

Read the rest of this article »

Posted on 19th October 2017

WORKMAN FELL THROUGH ROOF OPENING

Waterproof membrane concealed conservatory roof hazard

Read the rest of this article »

Posted on 19th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 18th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th October 2017

DEATH AND POORLY MANAGED RISK FINED £3.8 MILLION

Unstable precast concrete panels toppled MEWP and crushed operator

Read the rest of this article »

Posted on 18th October 2017

DOING SAFETY DIFFERENTLY – THE MOVIE…

Reducing compliance bureaucracy and putting trusting in people

Read the rest of this article »

Posted on 13th October 2017

WORKMAN FELL FROM EDGE OF UNGUARDED OPENING

Firm fined £95,000 over failure to assess and protect workers at height

Read the rest of this article »

Posted on 13th October 2017

FITTERS FINGERS SEVERED BY UNGUARDED TABLE SAW

Compensation order for injured workman takes precedence over fine

Read the rest of this article »

Posted on 13th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 11th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 11th October 2017

ROOF WORKER FRACTURED BACK IN FRAGILE FALL

Fragile wood wool slabs failed to support weight of workman

Read the rest of this article »

Posted on 11th October 2017

PRODUCTS: ELIMINATING HEALTH RISKS BY DESIGN

Innovative product eliminates key hazards for CDM 2015 designers

Read the rest of this article »

Posted on 11th October 2017

DRIVER DIED WHEN CRUSHED BETWEEN VEHICLES

Firm failed to follow industry guidance on coupling and uncoupling

Read the rest of this article »

Posted on 10th October 2017

WORKER LOSES HANDS AND FEET IN POWER LINE STRIKE

Director handed prison term over unsafe scaffolding operation

Read the rest of this article »

Posted on 6th October 2017

INDUSTRY FORUM CONSIDERS DUMPER HAZARDS

CPA and CECA plan new guidance on Forward Tipping Dumpers

Read the rest of this article »

Posted on 6th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 4th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 5th October 2017

INCIDENT: UNDERGROUND CABLE STRIKE

Three treated for burns after power cable struck in London

Read the rest of this article »

Posted on 5th October 2017

COUNCIL FAILED TO IMPLEMENT STATED HAVS POLICY

Fined £150k over failure to control and monitor hand-arm vibration hazard

Read the rest of this article »

Posted on 5th October 2017

PROJECT MANAGER FINED OVER FAILURE TO MANAGE

Principal Contractor prosecuted alongside responsible manager

Read the rest of this article »

Posted on 3rd October 2017

HSE CONSTRUCTION BLITZ GOES LIVE ON HEALTH RISKS

hselogo1Second phase of campaign looks for compliance on dust management

Read the rest of this article »

Posted on 2nd October 2017

UPDATE OF ALL HSE ASBESTOS ESSENTIALS GUIDANCE

HSE publish fresh guidance for Non-Licensed work with asbestos

Read the rest of this article »

Posted on 27th September 2017

HSE FINALISES PRIORITIES ON HEALTH AND CDM

Clients and designers need to act on lung disease and other health risks

Read the rest of this article »

Posted on 27th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 27th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 27th September 2017

SCAFFOLD INSPECTORS ISSUED FALSIFIED CERTIFICATES

Prosecution for two after workman fell from illegitimately signed off scaffold

Read the rest of this article »

Posted on 25th September 2017

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th September 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access