Failure to make CDM appointments lands client in court
Chesham Care Ltd, a provider of nursing and rehabilitation services, has been fined £35,000 after admitting multiple failures of CDM 2007 when HSE inspectors uncovered unsafe working practices, including failure to remove asbestos materials from buildings before demolition work.
HSE received a complaint in March 2014 from a member of the public living close to the former hospital site in Chesham, Buckinghamshire concerning activities taking place at the premises.
Inspectors found buildings partially demolished by a contractor and that removal of asbestos containing materials (ACM’s) had not taken place prior to demolition.
Works had been undertaken for around 2-3 months and inspectors observed asbestos containing materials among demolished building debris. There was also a serious risk of injury from collapse of partially demolished buildings.
The demolition arrangements were not recorded in writing and the site not securely locked or provided with relevant warning signs. There were no welfare facilities present on site.
CDM clients have a key role
High Wycombe Magistrates heard that the defendant was client for the project yet failed to appoint a Principal Contractor (PC) and CDM-Coordinator (CDM-C). In not making these appointments the client assumed the PC and CDM-C responsibilities.
Chesham Care Limited of Broxbourne, Hertfordshire admitted multiple failures of the Construction (Design & Management) Regulations 2007 and was fined a total of £35,000 and ordered to pay costs of £1321.60.
After the hearing, HSE Inspector Rauf Ahmed said:
“Clients have a key role in safely directing construction project. Effective arrangements at the start can have an amplified positive impact down the various stages to completion.
These include making informed appointments, such as designers, principal contractors/contractors using competent sources of health and safety assistance.
CDM 2015 Information and Templates
See CDM 2015 Survey Results for the findings of our CDM 2015 Five Minute Online Survey.
We have published a great deal of further information and templates designed to support Clients, Designers, Principal Designers/Contractors and Contractors in meeting their duties under CDM Regulations 2015.