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

    DESIGNERS AVOID HSE ENFORCEMENT UNDER CDM 2015

    HSE find Designers and Principal Designers complying with CDM 2015?

    Mike Webster of MPW R&R Ltd (provider of Consulting, Forensic Engineering & Expert Witness Services) has published the findings of his analysis of construction sector improvement and prohibition notice data from HSE online enforcement database.

    The data indicates where HSE found took formal enforcement on construction projects in 2016/17, the first full year where CDM Regulation 2015 were in force. The MPW analysis reveals that in 2016/17:

    • Total Enforcement Notices – 3,1555 enforcement notices issued to construction sector duty holders;
    • Improvement – notices accounted for 1,362 of the total;
    • Prohibition – notices accounted for 1,793 of the total; and
    • Breaches – the notices identified 7,993 potential breaches of acts or regulations.

    The potential breaches identified most frequently were of the Health and Safety at Work etc Act 1974 (3,391).  The Work at Height Regulations 2005 followed with 1,790 potential breaches, whilst CDM 2015 had the third largest number of potential breaches with 1,669.

    Comment – compliance or under the radar?

    This comprehensive report by MPW shows that of the 1,669 potential breaches of CDM Regulations 2015 the Principal Contractor (489) and Contractor duties (278) were by far the most frequent cited in HSE enforcement notices.

    There were 99 potential breaches of Client duties and only 5 potential breaches of Principal Designer (PD) duties and 2 of Designer duties.

    Interpretation of these findings is not straightforward and could reflect a combination of the following regarding the HSE construction sector notices:

    • It may be that HSE Inspectors found widespread compliance by Designers and PDs during 2016/17;
    • The notices arise from visits to construction sites where HSE inspector focus is on the contractor and PC rather than designers and PD duties;
    • The HSE increase in planned and reactive interventions with designers PDs are not yet taking place as intended.

    Few readers are likely to conclude that there is widespread full compliance with CDM 2015 Designer and PD duties.

    The analysis is more likely to support the view of many contractors that HSE has yet to turn enforcement powers in the direction of designers and PDs and is continuing with the traditional and ‘easier’ enforcement focus in respect of the project contractors and PC.

    A significant improvement in hazard avoidance and risk minimisation by pre-construction phase duty holders may require formal enforcement on the scale experienced by those with duties during the construction phase.

    The CDM 2015 duties during both phases are symmetrical (see below). However, this analysis of HSE notices will to many readers suggest that HSE enforcement is at present one-sided and asymmetrical.

    It would be interesting to hear the HSE response to this comprehensive presentation of HSE’s own construction sector enforcement data.

     

    Latest Construction Health and Safety News

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 15th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018

    REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’

    Workman trapped whilst assisting colleague in reversing lorry

    Read the rest of this article »

    Posted on 7th August 2018

    TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION

    Flammable vapour ignited by ignition sources present at the scene

    Read the rest of this article »

    Posted on 6th August 2018

    SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY

    Fragile roof failed under weight of solar installation worker

    Read the rest of this article »

    Posted on 6th August 2018

    DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES

    Basic work at height risks and welfare requirements ignored

    Read the rest of this article »

    Posted on 6th August 2018

    REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT

    Property management firm fined over lack of asbestos survey

    Read the rest of this article »

    Posted on 6th August 2018

    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    Read the rest of this article »

    Posted on 6th August 2018

    JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE

    Inexperienced workers demolished structure without Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2018

    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    Read the rest of this article »

    Posted on 6th August 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th 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
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic