• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    IMPLICATIONS FOR PC UNDER CDM REGULATIONS 2015

    hseinspectorPrincipal contractor responsibilities set to extend under HSE plans

    The discussion surrounding proposals for CDM 2015 has focused on HSE plans to scrap the CDM-C role and replace competence requirements with those relating to training.

    However, the Principal Contractor (PC) duties under CDM 2015 look set for a change in a way which increases PC legal responsibility for the construction work carried out by contractors working on a project.

    UPDATE JAN 2015 – HSE publish CDM 2015 Regulations and Guides

    PC and contractor duties under CDM 2007

    The key Principal Contractor legal duty under CDM 2007 is to:

    “plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety”

    By contrast the key duty of contractors under CDM 2007 is to:

    “plan, manage and monitor construction work carried out by him or under his control in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health and safety”

    hseinspectorThe PC is therefore responsible for planning, managing and monitoring the construction phase whilst the contractor is responsible for planning, managing and monitoring the construction work

    The legislators clearly intended there to be a difference between PC and Contractor duties although HSE enforcement practice and parts of the ACOP imply a PC duty to supervise the construction “work” of others.

    For example, ACOP para 157 states the principal contractor duty includes “supervising and monitoring work to ensure that it is done safely”. However, elsewhere the ACOP states (para 175) that

    “principal contractors do not have to undertake detailed supervision of contractors’ work”.

    Many PCs have encountered this contradiction when facing prosecutions, enforcement and fee for intervention charges based on the failings of contractors.

    CDM 2015 plans more onerous PC duty

    The HSE Consultation on revisions of CDM 2007 ended in June 2014. The proposed regulations include a small but important change to the PC duty.

    holebelowIt is proposed that the key PC duty will be to:

    “plan, manage, monitor and coordinate the construction phase ….. to ensure that, so far as is reasonably practicable, construction work is carried out without risks to health or safety”

    Under the proposed changes the distinction between PC accountability for the ‘construction phase’ and contractor accountability for ‘construction work’ will effectively be removed and the PC will become more strictly accountable for contractor ‘work’ and any offences, or charges, arising from those failings.

    The proposal would reduce the ability to the PC to defend prosecutions or fee for interventions charges on the basis that the contraventions were solely or primarily those of the contractor.

    Guidance is currently being produced which may clarify where PC duties start and stop under CDM 2015.

    Latest Construction Health and Safety News

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

    Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.

    Posted on 3rd May 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

    Read the rest of this article »

    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

    Read the rest of this article »

    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

    Read the rest of this article »

    Posted on 30th March 2020

    FRAGILE ROOF REPLACEMENT PUT WORKERS IN DANGER

    Measures to prevent falling from or through the roof were missing

    Read the rest of this article »

    Posted on 30th March 2020

    WORKMAN FELL FROM EDGE OF MEZZANINE FLOOR

    Edge protection was absent and workman untrained for the task

    Read the rest of this article »

    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

    Read the rest of this article »

    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

    Read the rest of this article »

    Posted on 30th March 2020

    LATEST HSE CONVICTIONS AND NOTICES REGISTERS

    hselogo1View current online HSE registers of prosecution convictions and notices

    Read the rest of this article »

    Posted on 30th March 2020

    POORLY DESIGNED SCHOOL GATE CRUSHED CHILD

    Sliding gate over-run mechanism proved insufficiently robust

    Read the rest of this article »

    Posted on 9th March 2020

    POWER GENERATOR PROSECUTED OVER UNSAFE SYSTEM

    Maintenance workers seriously injured when energy suddenly released

    Read the rest of this article »

    Posted on 2nd March 2020

    CEILING BELOW SAVES WORKMAN IN ROOFLIGHT FALL

    Roofworker fell through roof after stepping on fragile rooflight

    Read the rest of this article »

    Posted on 2nd March 2020

    INEXPERIENCED WORKER FELL THROUGH OPENING

    No physical protection or warning of opening and fragile covering

    Read the rest of this article »

    Posted on 29th February 2020

    CDM PRINCIPAL DESIGNER IN COURT OVER FIRE RISK

    Designers and contractor prosecuted for risk management failings

    Read the rest of this article »

    Posted on 29th February 2020

    PRISON SENTENCE FOR RECALCITRANT DIRECTOR

    Prohibition and improvement notices ignored and danger persisted

    Read the rest of this article »

    Posted on 26th February 2020

    TEMPORARY WORKS HOARDING FELL ON PEDESTRIAN

    Member of the public struck when site fence collapsed suddenly

    Read the rest of this article »

    Posted on 26th February 2020

    CHILD FATALLY INJURED BY UNSECURED POLE

    Pole stored on embankment moved and trapped boy against fencing

    Read the rest of this article »

    Posted on 26th February 2020

    OWNER RESPONSE TO HSE INSPECTION ENDED IN COURT

    Police uphold HSE right to inspect without threats, aggression or abuse

    Read the rest of this article »

    Posted on 24th February 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

    Read the rest of this article »

    Posted on 24th February 2020

    CONTRACTOR FAILED TO REPLACE MISSING PROTECTION

    Painter and decorator fractured hip in fall from landing

    Read the rest of this article »

    Posted on 18th February 2020

    RISK OF DERMATITIS SUFFICIENT FOR PROSECUTION

    Company failed to implement controls and surveillance required by COSHH

    Read the rest of this article »

    Posted on 18th February 2020

    COSHH FAILINGS CAUSE ASTHMA AND PROVE COSTLY

    Uncontrolled exposure to isocyanates during paint spraying operations

    Read the rest of this article »

    Posted on 18th February 2020

    POLICE EMPLOYEE SHOCKED BY DATA CABLE WORK

    South Wales Force fined over electric shock from ceiling void cable

    Read the rest of this article »

    Posted on 18th February 2020

    COLLAPSE OF PUMP SET TRAPPED WORKMAN

    Unsafe system of work transferring from pallet to a raised platform

    Read the rest of this article »

    Posted on 18th February 2020

    MODIFIED PODIUM STEPS CAUSE FALL FROM HEIGHT

    Firm failed to select and correctly assemble with necessary training

    Read the rest of this article »

    Posted on 14th February 2020
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data