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 the company 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 were insufficient welfare facilities at the site in Tarporley and the company failed to give notice in writing to HSE before the construction phase began at the Preston site.

The company from Stockport was found guilty of breaching the CDM Regulations 2015 and 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 CDM 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.”