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
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.
CDM REGULATIONS 2015: GUIDES AND TEMPLATES
Summary of our advice and tools to aid CDM 2015 compliance
Read the rest of this article »
Posted on 21st April 2020HSE 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 2020CORONA VIRUS: LATEST SITE OPERATING PROCEDURES
Industry Bodies publish risk management guidance Version 3
Read the rest of this article »
Posted on 15th April 2020TOWER 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 2020HSE 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 2020COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION
BuildUK support industry with advice, guidance and information
Read the rest of this article »
Posted on 30th March 2020HSE 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 2020HSE TO OVERSEE NEW BUILDING SAFETY REGIME
Government to deliver biggest change in building safety for a generation
Read the rest of this article »
Posted on 21st January 2020FESTIVE GREETINGS TO ALL OUR READERS
Read the rest of this article »
SELECTED NEWS POSTED RECENTLY ON TWITTER
Links to other construction health and safety related news reports
HSE LOOK TO LOCAL AUTHORITIES FOR CDM SUPPORT
Council Inspectors focus on CDM client duties – asbestos, fragility and RCS
Read the rest of this article »
Posted on 14th November 2019HSE WELDING FUME REVISED GUIDANCE PUBLISHED
New research evidence on cancer link prompts revision on welding fume
Read the rest of this article »
Posted on 14th November 2019STRUCTURAL SAFETY BODY LATEST NEWSLETTER
CROSS publishes reports and expert comment on a range of issues
Read the rest of this article »
Posted on 18th October 2019HSE RISK REDUCTION THROUGH DESIGN AWARD
Regulator seeks to promote hazard avoidance and risk minimisation
Read the rest of this article »
Posted on 18th October 2019HSE START PROJECT HEALTH RISK INTERVENTIONS
Regulator set to check health risks assessed and controls in place
Read the rest of this article »
Posted on 30th September 2019AIF NATIONAL WORKING AT HEIGHT CONFERENCE
HSE Construction Head to speak at Access Industry Forum conference
Read the rest of this article »
Posted on 23rd September 2019NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK
New calculator includes “cautious estimates” for common tools
Read the rest of this article »
Posted on 23rd September 2019IMPROVING CDM DESIGNER HAZARD AWARENESS
Research explores power of “multi-media digital tool” for design hazards
Read the rest of this article »
Posted on 27th August 2019DEMOLITION FEDERATION ON RECENT INCIDENTS
NFDC ‘statement of awareness’ follows unplanned collapses
Read the rest of this article »
Posted on 27th August 2019RAISING COMPETENCE AND MAKING BUILDINGS SAFER
Life-safety-critical disciplines urged to act on Interim Report
Read the rest of this article »
Posted on 27th August 2019BUILDING WORKS COMPROMISED GAS SAFETY
Company and director fined after work created risk to residents
Read the rest of this article »
Posted on 27th August 2019HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019
AIF National Working at Height Conference November 2019
Read the rest of this article »
Posted on 6th August 2019STRUCTURAL SAFETY BODY LATEST NEWSLETTER
CROSS publishes reports and expert comment on a range of issues
Read the rest of this article »
Posted on 23rd July 2019