NO ACCIDENT BUT UK CONTRACTOR AND ARCHITECT PROSECUTED UNDER CDM AND FINED £HUNDREDS OF THOUSANDS – ARE YOU AT RISK?
CONTRACTOR AND ARCHITECT FINED EVEN THOUGH THERE WAS NO ACCIDENT OR INJURY.
Even though there was no accident or injury, a contractor and an architect have been fined heavily over lack of compliance with the CDM regs on a project in Devon.
It was reported on the Health & Safety Executive (HSE) website, that following an HSE site inspection as a result of concerns expressed, uncontrolled high-risk activities were witnessed that put worker at risk of death, serious injuries or ill health.
The risks included falls from height, fire, slips and trips and poorly controlled wood dust. The inspection found there was a total disregard for health and safety and site management. In particular, the risk of fire spread associated with the construction of a timber frame extension adjoining an existing building. Eighty physically and/or mentally impaired residents of the home were put at risk of injury or death due to the possibility of fire spreading into the home.
The subsequent investigation by the HSE found that the work was not properly planned, nor appropriately supervised or carried out in a safe manner. The principal contractor had a duty to control how the work was carried out and to ensure that the work would be completed safely. The architects failed to perform their duties as the principal designer and failed to consider the risk of fire spreading to the vulnerable residents.
Under the CDM Regs, the duty holder ‘Principal Contractor’ needs to have a plan often called the ‘Construction Phase Plan’ (CPP) which details the management arrangements for the project. These management arrangements should include that Risk Assessments and Method Statements (RAMS) are made for every activity. The duty holder ‘Principal Designer’ can assist the Client by checking the CPP and advising whether or not it is suitably developed for construction to start. Additionally the architect needs to demonstrate that risk has been designed out of the project design as much as possible and to make the Principal Contractor aware of any residual risks that should be controlled.
The role of Principal Designer (PD) requires that they have the necessary skills, knowledge and experience (SKE) to undertake projects. With this particular timber frame project and it’s proximity to a home catering for people with physically and/or mentally impaired residents the PD needed to have knowledge of fire risk mitigation in timber frame construction in order to actively coordinate with the lead designer and the principal contractor. The guidance available to members of the Structural Timber Association would also been of enormous benefit.
If an architect or designer lacks SKE for a particular project they may appoint a PD Assist with additional specialist industry knowledge and processes to deliver a safe design and information for the incoming contractors. For more information about contracting out the PD or PD Assist Role or assistance with RAMS and CPPs, just phone BSA on 01483 467270 for a no-obligation chat.