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CDM CLIENT PROSECUTED OVER MANAGEMENT ARRANGEMENTS

Fatality exposes landlord failure to make adequate safety enquiries of builder

Landord Jagdev Singh Bal has been fined after a builder died whilst replacing a roof on one of his properties in London. Mr Bal engaged builder Sarabjit Singh Sanghera to replace a roof on 26 November 2009.

The work was largely complete and the workmen were clearing the site when Mr Sanghera was found lying unconscious on the ground near the bottom of a ladder. He failed to regain consciousness and was pronounced dead in hospital having sustained serious head and neck injuries.

HSE investigators found that scaffolding had not been erected for the work and that workers, including the deceased man, were using two ladders to access the roof. It is not known whether the deceased had any experience in carrying out roof work. The three workers employed had no training in this type of work or in any aspects of health and safety associated with construction.

Small residential landlords have legal duties

Mr Jagdev Singh Bal of Hathaway Road, Grays, Essex, pleaded guilty breaching Regulation 9(1)(a) of the Construction (Design and Management) Regulations 2007. He was fined £4,000 and ordered to pay costs of £4,129.

CDM Regulation 9(1)(a) states: “Every client shall take reasonable steps to ensure that the arrangements made for managing the project (including the allocation of sufficient time and other resources) by persons with a duty under these Regulations (including the client himself) are suitable to ensure that the construction work can be carried out so far as is reasonably practicable without risk to the health and safety of any person.”

After the case, HSE’s inspector Loraine Charles, said:

“HSE does not seek to hold Mr Bal responsible for the sad death of Mr Sanghera – the precise circumstances of his death can now never be known. However, it is vital that small residential landlords appreciate that they have legal duties in respect of the health and safety of persons who carry out work on their properties.

These duties are not onerous. They do not require clients to be experts in construction or health and safety matters, or to undertake direct supervision of their contractors, but only to make appropriate enquiries into the arrangements for carrying out the work safely.

These enquiries and the actions they prompt may be sufficient to prevent needless death or injury.”

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One Response to “CDM CLIENT PROSECUTED OVER MANAGEMENT ARRANGEMENTS”

  1. HSE ENFORCEMENT WEEKLY UPDATE 18th JULY 2012 | PP Construction Safety News Desk Says:

    […] CDM CLIENT PROSECUTED OVER MANAGEMENT ARRANGEMENTS […]