Previously, BSA has noticed that the HSE were targeting large, tier one contractors and have praised these companies for their improvements in health and safety over the past decade. But the smaller companies were the ones having the accidents and fatalities!
The HSE are finally turning their attention to smaller contractors, sub-contractors and clients who are failing to comply with the Construction (Design and Management) Regulations (CDM).
The HSE have stated that things have changed for the better, but certain sectors are still failing to comply with the law, especially with on-site monitoring of health and safety.
Ten years ago 30 per cent of deaths on site were from employers of less than 10 people, but that rose to 65 per cent last year, so the HSE has shifted its attention to smaller firms.
The HSE is also finding that certain Clients are still not aware of their legal duties under the CDM Regulations. Designers, the Principal Contractor, Contractors and CDM Coordinators must ALL check to see if the Client is aware of their duties, especially where a job becomes 'notifiable'.
Historically the HSE have not prosecuted clients, but now will be asking why contractors are working unsafely and will be looking at the client’s role in more detail. The HSE will be tracking back to look at the roles of clients in much more detail and will be cracking down on them.
The HSE will support systems on site that are designed to get the facts on health and safety to site workers.
The HSE will now be targeting Clients, the smaller sites and smaller contractors to get their message across to them, so BE WARNED.
If you are a Client or small contractor and are not fully aware of your responsibilities under the CDM Regulations and require advice or assistance on general health and safety, please contact our specialist team on 01483 467270
For more information, click on the picture-link to the BSA website and hear what Bernie has to say:
Ignorance cost a Developer £10,000, plus 12 months suspended prison sentence and 200 hours community service.
Workers exposed to brown asbestos
Property developer, Michael Murton, was handed multiple suspended prison sentences for failing to identify the presence of asbestos before allowing contractors to start work.
The developer was converting a nightclub in Wrexham and instructed the contractor to remove sprayed asbestos coating containing amosite (brown asbestos) from steel beams. The debris was then placed in outside skips which was collected by a skip hire company and taken to a landfill site to be buried.
A member of the public informed Wrexham council who then informed the HSE who visited the site the following day.
Mr. Murton had failed to carry out an asbestos survey before starting work, which led to workers being exposed to the hazardous substance over a 14 day period.
A prohibition notice was issued requiring works to stop until a survey had been carried out and until a licenced contractor had decontaminated the area.
A joint prosecution was made by the HSE and the Environmental Agency where Mr. Murton pleaded guilty to breaching the following,
- Regs. 5, 11(1), and 16 of the Control of Asbestos Regulations 2006
- Reg. 19 of the Hazardous Waste Regulations 2005
- s33(1)(c) and s34 of the Environmental Protection act 1990
Various suspended sentences were issued for the above offences with £10,000 in costs and 200 hours community service.
BSA doesn't do asbestos surveys but we can advise you what needs to be done - call us on 01483 467270 or 0113 286 9084
