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    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    A homes developer has been fined after putting employees at risk due to widespread safety failings on two construction projects.

    Manchester and Salford Magistrates’ Court heard how Sherwood Homes Limited had appointed several principal contractors to build numerous properties at two sites in Preston and Tarporley.

    HSE carried out proactive inspections at both sites and found those working on site were exposed to risks including falls from height, electrocution, inhalation of silica dust and being struck by construction plant.

    Clients cannot delegate health and safety responsibilities

    HSE investigators found the company failed to make suitable arrangements for managing the projects. There was no F10 notice of construction work displayed, and there were insufficient welfare facilities at the Tarporley site.

    The company also failed to give notice in writing to HSE before the construction phase began at the Preston site.

    • Sherwood Homes Ltd – of Houldsworth Street, Stockport, was found guilty of breaching Regulation 6 (2), Regulation 6(3) and two breaches of Regulation 4 of the Construction (Design and Management) Regulations 2015. The company was fined £76,000 and ordered to pay costs of £14,651.64.

    Speaking after the hearing, HSE inspector Susan Ritchie said:

    “Clients cannot delegate their health and safety responsibilities. The Construction (Design and Management) Regulations 2015 places clear duties on clients making them accountable for the impact their decisions and approach have on the health, safety and welfare of their project.

    In general terms, the client must ensure that the construction project is set up so that it is carried out from start to finish in a way that adequately controls the risk to health and safety of those who may be affected by it.

    In order to achieve this they must engage others (such as designers and principal contractors) that have the necessary skills, knowledge, training and organisational capabilities to fulfil their responsibilities under CDM and deliver the project safely on behalf of the client.

    If the client fails to do this, HSE will consider taking enforcement action against them.”

     

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