Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    CDM REGULATION 2015: REPORTING DANGER

    ‘Whistle blowing’ clause applies throughout a CDM 2015 project?

    The General Duties imposed by CDM 2015 include a short “reporting danger” clause which has attracted little attention. Regulation 8(5) requires that:

    “A person working on a project under the control of another must report to that person anything they are aware of in relation to the project which is likely to endanger their own health or safety or that of others.” (We have underlined key words)

    The natural meaning of “person” is an individual human being. However, within statutory regulations the definition of “person” includes a body of persons corporate or unincorporate.

    The clause refers to a person “working under the control of another”. Obvious examples are employees under the control of employers and contractor organisations working under the control of the project Principal Contractor (PC).

    Guidance sheds minimal light

    The HSE Guidance L153 provides the following advice on Regulation 8(5) at para 68 which states:

    “Everyone involved in a project (including workers) has a duty to report instances where they or others are working in a way that puts them or anyone else in danger. Any instances must be reported to the person in control of the work. The person in control should encourage workers to stop work and report dangerous conditions when they see them.”

    The Guidance does not add a great deal to the words of the regulations.

    For example, how far does Regulation 8 require designers to report such matters to the CDM 2015 Principal Designer (PD) who is the designer “with control” over the project pre-construction phase?

    The PD is responsible for planning, managing and monitoring avoidance and reduction of foreseeable risk during the pre-construction phase. Regulation 8 therefore begs further questions, for example:

    • Does Regulation 8(5) apply to “danger” identified during the pre-construction phase?
    • Are designers (individuals or organisations) required to report “danger” to the PD?
    • Should the PD establish a system to encourage and facilitate such reporting?

    If these questions are answered in the positive CDM 2015 has created a health and safety “whistle blowing” requirement which applies during both construction and pre-construction phases.

    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.

    Latest Construction Health and Safety News

    FESTIVE GREETINGS TO ALL OUR READERS

    Read the rest of this article »

    Posted on 18th December 2018

    POSITIVE STORY ON FRAGILE SURFACE HAZARDS

    Major roofing contractor testifies to working from below roof

    Read the rest of this article »

    Posted on 18th December 2018

    LEISURE CENTRE USER FELL ILL AFTER SHOWER USE

    Legionella risk assessment and control measures found wanting

    Read the rest of this article »

    Posted on 18th December 2018

    STONE CUTTING MACHINE GUARDS FAILED HSE TEST

    Precautions taken following HSE enforcement fell into disuse

    Read the rest of this article »

    Posted on 18th December 2018

    ROOFWORK CREATED CARBON MONOXIDE RISK

    Falling rubble damaged and blocked home chimney flue

    Read the rest of this article »

    Posted on 18th December 2018

    HSE ENFORCEMENT WEEKLY UPDATE 12th DEC 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 12th December 2018

    HSE SAFETY ALERT: TOWER CRANE BRAKES

    Collapse of tower crane jib in high winds prompts HSE warning

    Read the rest of this article »

    Posted on 11th December 2018

    VISITING ENGINEER CRUSHED BY SCAFFOLD TUBES

    Principal contractor “signed off” contractor storage arrangements

    Read the rest of this article »

    Posted on 11th December 2018

    CONCRETE EJECTED BY PUMPING UNIT CLAIMED LIFE

    Company and director failed to train and supervise pumping operations

    Read the rest of this article »

    Posted on 5th December 2018

    REFRESHED GUIDANCE ON FITNESS TO OPERATE PLANT

    Construction plant medical fitness Good Practice Guide

    Read the rest of this article »

    Posted on 4th December 2018

    MAJOR CONTRACTOR & LUL USED UNSAFE SYSTEM

    Work method to eliminate moving vehicle hazard not adopted

    Read the rest of this article »

    Posted on 4th December 2018

    OVERTURNING LORRY CAUSED DEATH OF DRIVER

    Groundworks project stockpiling arrangements not properly managed

    Read the rest of this article »

    Posted on 3rd December 2018

    FORTH BRIDGE LIFTING OPERATION NOT PLANNED

    Major project PC failed to plan, supervise and carry out lift safely

    Read the rest of this article »

    Posted on 3rd December 2018

    DEVELOPER FAILED ON ASBESTOS ASSESSMENT

    HSE inspection revealed refurb works without asbestos survey

    Read the rest of this article »

    Posted on 28th November 2018

    POST DRIVER HAMMER CRUSHED HAND OF WORKMAN

    Unsafe system of work for vehicle crash barrier installation

    Read the rest of this article »

    Posted on 28th November 2018

    WORKER FELL FROM LOFT THROUGH CEILING

    Major house builder lacked understanding of loft fragile surfaces risk

    Read the rest of this article »

    Posted on 28th November 2018

    NEW SITE DUMPER SAFETY GUIDANCE ISSUED

    Construction plant sector concerns prompts CPA consults on draft

    Read the rest of this article »

    Posted on 28th November 2018

    CCTV INSTALLER FELL THROUGH FRAGILE ROOFLIGHT

    Contractor failed to properly plan and control the risks

    Read the rest of this article »

    Posted on 28th November 2018

    VISITOR DIED FALLING INTO CONCEALED BASEMENT

    Contractor failed to protect basement void on domestic project

    Read the rest of this article »

    Posted on 28th November 2018

    RACKING FALL REVEALED UNSAFE SYSTEM OF WORK

    European firm fined £300,000 after UK sub-contractor employee fell

    Read the rest of this article »

    Posted on 18th November 2018

    FAILURE TO ACT ON VIBRATION AND SILICA HAZARDS

    Worker health put at risk during stripping of furnace lining

    Read the rest of this article »

    Posted on 18th November 2018

    MAJOR FM FIRM FAILED TO MAINTAIN BACK-UP POWER

    Power loss at laboratory site created potential risk from biological agents

    Read the rest of this article »

    Posted on 18th November 2018

    IGNORING HSE PROHIBITIONS COST FIRM £250,000

    CDM 2015 and work at height requirements repeatedly breached

    Read the rest of this article »

    Posted on 16th November 2018

    ROOF COLLAPSED UNDER EXCESS LOADING

    Director and company fined over roof design failures

    Read the rest of this article »

    Posted on 11th November 2018

    FORK LIFT OVERTURNED IN SCAFFOLDING YARD

    Untrained operator suffered life changing crush injuries

    Read the rest of this article »

    Posted on 10th November 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic