Vol. 1, Issue 1 (Apr 98) Construction (Design and Management) Regulations 1994

CDM Regulations 1994. During the first year these regulations were in place (Apr’95 till Mar’96) the HSE served many prosecutions, prohibition and improvement notices.

Prosecutions and Fines.

An architect’s office was prosecuted for failing to inform their client that they (the client) had duties under the regulations. They pleaded guilty and were fined £500.

A principal contractor was prosecuted and fined £2000 for failing to produce an adequate health and safety plan.

Another case related to a client RP (name withheld) who was prosecuted and fined £2500 plus £600 court costs, for failure to appoint a planning supervisor. In the same case another company were fined over £1000 plus costs for failing to ensure the
safety of their employees.
A sole trader, a designer was fined £3000 as they had failed to ensure the design contained adequate information about health and safety.
Other cases include:-
A client who failed to appoint competent persons, and allowed the construction phase to begin without an adequate health and safety plan. Fines totalled more than £3000.

When do the regulations apply?

The CDM Regulations apply to most common construction projects. There are some circumstances where they do not apply.

What are some of the client and client’s duties?

Whether you are a client or clients’ agent you have the following duties.

  • Appoint a planning supervisor.

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Tuesday, June 9th, 2009 news