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16th August 2012

Property developer fined £10K after CDM ignorance

A property developer has recently been prosecuted after a routine inspection by the Health and Safety Executive identified several safety failings at a construction site in Essex.

A HSE inspector visited the site as part of a targeted programme of construction site inspections. On arrival at the site, the Inspector saw contractors working on scaffolding, which had sections lacking in edge protection. There were also no measures in place to prevent workers from falling through window openings on the second floor of the building. The HSE issued a Prohibition Notice to the developer, ordering work to stop until adequate edge protection was put in place.

The developer had failed to appoint a CDM coordinator for the project and didn’t notify HSE about the work. The inspector also identified multiple slip and trip hazards at the site.

The developer appeared at Chelmsford Magistrates’ Court on 7 August 2012 and pleaded guilty to breaching reg.4(1), reg.9(1), reg.14(1), and reg.21(1) of the Construction (Design and Management Regulations) 2007. He was fined a total of £10,000 and ordered to pay £5741 in costs.

After the hearing, the HSE inspector involved in the case said: “Developers have a big influence on how work is done safely and they have legal duties as the construction client. They have to appoint the right people, provide information to the team, and make sure there are suitable management arrangements and a health and safety plan in place.

A CDM Co-ordinator is required if a business is intending on making alterations to, or constructing a new property. These alternations include demolishing, extending or simply changing. A CDM Co-ordinator will ensure that throughout the process all health and safety guidelines are adhered to and any risks will be minimised.

This can be a relatively complex procedure but Lighthouse and our team of CDM Co-ordinators can assist you by fulfilling this essential role. For further information click here

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