• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CDM 2015 DESIGNERS ALERTED TO TRIBUNAL RESULT

    Revised regulations may pose dilemma for CDM ‘Principal Designers’

    Solicitor Ann Metherall of Burges Salmon has highlighted potential issues for designers under the long-awaited CDM 201x. See below.

    The Consultation Document is expected to propose scrapping the CDM Coordinator role and placing project preparation stage coordination with the new position of ‘Principal Designer’ (PD). The HSE consultation is now expected to start in April 2014.

    Ann Metherall suggests that design practices anticipating assuming the PD role should review their health and safety skills and training in advance of changes to the CDM Regulations.

    Industry guidance will explain Principle Designer duties

    A CDM Industry Guidance Steering Group is working on “a suite of industry guidance” aimed at smaller businesses which includes guidance on the role of the proposed Principal Designer under the new regulations.

    HSE state that the Group “faces a number of challenges” including time constraints adding that:

    “when public consultation on new Regulations commences, further iterations of the guidance will be needed to ensure it is consistent with the rest of the planned suite of guidance and the proposed CDM ‘L’ series publication.”

    The Steering Group programme of work anticipates the new CDM Regulations coming into force in April 2015 and is planning for the release of all Guidance by 31 October 2014

    Designers may be unwilling or unable to fulfil Coordinator role

    “The recent case of MWH UK Ltd v Wise [2014] EWHC 427 (Admin) has highlighted some issues that may result from directing the pre–construction co-ordination role away from CDM Co-ordinators to a Principal Designer.

    In MWH, the court reiterated that one of the CDM Co-ordinator’s duties is to check any pre-construction information and to advise the client regarding any gaps in that information. In this case, MWH UK Limited had failed to properly advise the client regarding the risk of the presence of asbestos and the absence of an asbestos survey.

    The court also held that the CDM Co-ordinator was the key safety advisor at the pre-construction stage of the project and was expected to be able to identify the nature and level of detail of the hazards to be addressed.

    The judge emphasised that the CDM Co-ordinator was not expected to have the expertise to make a detailed assessment of the hazards, but was expected to have sufficient expertise to understand whether they had been addressed, which was a matter of fact and degree in each case.

    This case will undoubtedly raise concerns amongst design professionals who, under the current proposals, will be required to fill the role of Principal Designer.

    Although the set of duties which will make up the role of Principal Designer are yet to be explicitly defined, it is clear from MWH that there are obligations currently performed by a CDM Co-ordinator that many designers would be unwilling or perhaps unable to fulfil.

    Design professionals might consider using the continued delay in introducing new CDM regulations to review their health and safety skills and training to identify the duties they are willing and competent to take on when the changes to CDM arrive.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 11th JULY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 11th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018

    IGNITION OF THINNERS VAPOUR CLAIMED TWO LIVES

    Refurbishment project director jailed over fatal use of flammable solvent

    Read the rest of this article »

    Posted on 10th July 2018

    HSE LONDON REFURBISHMENT CAMPAIGN FINDINGS

    hselogo1Material breaches of law found at over 50% of London sites visited

    Read the rest of this article »

    Posted on 4th July 2018

    CURFEW AND TAGGING FOR RECALCITRANT SCAFFOLDER

    Suspended jail sentence handed down after unsafe work at height

    Read the rest of this article »

    Posted on 4th July 2018

    CONSTRUCTION SECTOR DEATHS RISE SHARPLY

    HSE report construction worker deaths increase by 27% during 2017/18

    Read the rest of this article »

    Posted on 4th July 2018

    BUILD UK UPDATE KEY CONSTRUCTION H&S ADVICE

    Majors industry body endorses “go to” source of H&S information

    Read the rest of this article »

    Posted on 2nd July 2018

    OXYGEN CYLINDER “FIRED” INTO WORKSHOP

    Violent discharge of gas bottle seriously injured two engineers

    Read the rest of this article »

    Posted on 2nd July 2018

    PRISON SENTENCE OVER FAILURE TO MANAGE RISK

    Sole trader contractor ignored HSE advice once too often

    Read the rest of this article »

    Posted on 2nd July 2018

    DEATH EXPOSED MINIMAL MEWP MAINTENANCE

    Court told about “almost complete” lack of MEWP maintenance

    Read the rest of this article »

    Posted on 21st June 2018

    CONTRACTOR FAILED TO IDENTIFY ASBESTOS PRESENCE

    ACMs disturbed during works and firm failed to take suitable actions

    Read the rest of this article »

    Posted on 21st June 2018

    FALL THROUGH ROOF ON LOCAL COUNCIL BUILDING

    Fragile rooflight fractured when workman ‘misplaced footing’

    Read the rest of this article »

    Posted on 21st June 2018

    YOUNG WORKER POSED SPECIAL RISK TO CONTROL

    Conviction highlights duty to young persons and the vulnerable

    Read the rest of this article »

    Posted on 21st June 2018

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018

    UK MAJOR FINED £1/2m OVER HAVS RISK FAILURES

    Danger caused by poor management of vibrating hand tool risk

    Read the rest of this article »

    Posted on 21st June 2018

    DIRECTOR FAILED TO COMPLY WITH PROHIBITION

    Precautions not taken to prevent excavation collapse and falling

    Read the rest of this article »

    Posted on 11th June 2018

    SCAFFOLD NOT TO INDUSTRY STANDARD OR DESIGN

    Specialist and contractor in court over unsafe work at height

    Read the rest of this article »

    Posted on 7th June 2018

    ROAD WORKER RUN OVER BY ROAD ROLLER

    Reversing alarm not working and warning light not fitted

    Read the rest of this article »

    Posted on 5th June 2018

    CLIENT AND SURVEYOR FINED OVER ASBESTOS SURVEY

    Refurbishment and demolition asbestos survey proved inadequate

    Read the rest of this article »

    Posted on 5th June 2018

    FATALITY: ROAD WORKER DRAGGED ALONG ROAD

    Night shift worker loses life when struck by road sweeping vehicle

    Read the rest of this article »

    Posted on 3rd June 2018

    CDM PRINCIPAL DESIGNERS AVOID HSE ENFORCEMENT

    Regulator enforcement database reveals few notices involve CDM PDs

    Read the rest of this article »

    Posted on 3rd June 2018

    PROPERTY MANAGERS FINED WITH CONTRACTOR

    Defendants failed to check for asbestos during soffit replacement works

    Read the rest of this article »

    Posted on 29th May 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data