Two thirds of clients oblivious to health and safety regulations

Do you commission construction works? Are you aware of your obligations under the Construction (Design and Management) Regulations? A report commissioned by the British Property Federation (BPF) and Construction Clients Group (CCG) issued on 9 July 2010 shows that two thirds of clients have no knowledge of the regulations at all. This is despite contractors and designers being under an obligation to ensure that the client is aware of and understands the regulations. If you get it wrong, you could face criminal sanctions including prison and unlimited fines. The Government must take urgent action to publicise this legislation more widely.

In addition the report also shows that the regulations have not met the Government's objective of improving site safety, but has simply increased the administrative burden and cost. The report highlights that change to the legislation is required to bring about its intended effect.

In the meantime, you need to be aware that the regulations apply to all projects carried out in the course of a business, regardless of who you are or what you are constructing. The regulations impose duties on clients, contractors and designers. There is a further layer of regulation where the project is “notifiable” to the Health and Safety Executive (HSE). A project is notifiable if it is likely to involve either more than 30 days of construction work or more than 500 person days of construction work. Most commercial projects will be notifiable. Don't get caught out; here are the basics for clients:

General duties

• duty to manage arrangements;
• duty to collate and supply information; and
• duty to give time for preparation and planning.

These are significant duties because the client is in control of his own project. However, you are not expected to become an expert overnight, unless it is central to your business. It is acceptable to delegate the functions to others but you cannot delegate responsibility.

All projects

You must take reasonable steps to:

• Carry out construction work without risks to the health and safety and protect the health and safety of anyone affected by the construction works (contractors, professionals, the public or anyone else), so far as reasonably practical.
• Provide site welfare facilities, such as toilets, drinking water and other matters.
• Take account of the Workplace (Health, Safety and Welfare) Regulations in the design of the project and use of materials where the project will be a workplace when finished.

Notifiable projects

• duty to appoint a CDM co-ordinator and principal contractor;
• duty to ensure that a Construction Phase Plan is in place before construction begins; and
• duty to provide information for the Health and Safety file and ensure it is maintained after construction.

The Government should overhaul the regulations so that their intent is delivered without the red tape and cost. In doing so, the Government should engage more widely within the general business community as well as the construction industry to raise awareness of these important regulations.

Contact us

To find out more information on your obligations under the Construction (Design and Management) Regulations, please contact Mark Clinton, partner on 01293 742811. Alternatively, please contact Rebecca Evans, solicitor on 01293 742814.