Latest CDM Breaches Coming Home To Roost
Construction is regarded as one of the highest risk industries in the UK with 40 fatalities recorded between 2019/2020. Since 1994 the CDM regulations have been in place with the aim of protecting the health & safety of workers.
The CDM regulations continues to place specific responsibilities on duty holders, including designers and contractors. This in turn makes them accountable for the consideration and management of Health & Safety on construction sites.
Recent prosecutions have further highlighted why CDM regulations were brought in, with a major lack of planning from duty holders landing construction firms in hot water.
Worker Seriously Injured By Air Conditioning Plant
2 construction companies have been sentenced and fined following a serious accident during a roof refurbishment project.
In November 2017, workers were instructed to dismantle a decommissioned air conditioning plant and remove it from the roof in high winds. The accident occurred whilst lowering the plant, it detached from the rope and hook landing on one of the workers on the pavement below. The worker fractured his left femur.
The investigation by the HSE found many failings including; working at height, control of asbestos, emergency arrangements, manual handling and a total lack of any welfare facilities for the workers.
Further to this the principle contractor for the project has outsourced the work to a smaller local business without informing the client.
The Principal Contractor for the project, was found guilty of a breach of Regulation 13(1) of the Construction (Design and Management) Regulations 2015. They were fined an eye watering £350,000 and ordered to pay £45,122.36 in costs.
The sub contracted company were also fined after pleading guilty to a breach of 15(2) of the Construction (Design and Management) Regulations 2015. This company was fined £14,000 and ordered to pay £6,015.26 in costs.
Unsafe Demolition CDM Breach in Lancashire
There are many health and safety issues revolving around demolition work. Falls from heights, uncontrolled collapse and falling debris are noted as common issues faced by workers.
A contractor has now been sentenced following the conclusion of an investigation into a CDM breach in January 2020.
The accident happened whilst a wall of a garage was being demolished. The HSE found that the wall was demolished in an unsafe manner. This in turn lead to debris falling onto one of the 3 workers. As a result the worker was subjected to injuries to his shoulder, heel and ankle.
Further to this, the work was not planned or carried out in a manner to prevent danger. The risk assessment and method statement (RAMS) made no reference to any measures which would maintain the stability of the wall throughout the demolition. There was therefore no thought given to the risk of the wall becoming unstable and collapsing.
The workers also made changes to the method of work on the second day on-site. They chose to simply push the wall over. The wall collapsed in two directions whilst being pushed. More over, no consultation occurred regarding the change to the method of work which resulted in an unsafe working environment.
Following the investigation the contractor pleaded guilty to breaching Regulation 20(1) of the Construction (Design and Management) Regulations 2015 and was fined £600 with costs of £1,947.00.More News