Improving safety on site

Brokers with construction clients should be aware of new regulations that recently came into force, aimed at integrating health and safety into the management of a building project from the very start - improving safety on site.

Introduced after several years of consultation by the Health and Safety Executive, the new Construction (Design and Management) Regulations 2007 are expected to have a huge impact. A project must now be notified to the HSE when it is 'likely to' (rather than 'will', as under the old regulations) involve more than 30 days or 500 person days.

The biggest change under the new regulations is in the role of the 'client', namely the individual or organisation using the services of someone else to carry out construction work, including the planning, design and management of a project. Clients can no longer appoint an agent to assume their legal duties. In effect, the liability now rests with them in managing the design process and ensuring health and safety compliance. They must ensure that: every designer and contractor has the relevant pre-construction information; that those appointed are competent; that arrangements are made for safely managing the project and that the principal contractor has enough time to plan and prepare the work. The client must also be satisfied that the principal contractor's construction phase plan complies with the regulations before work starts.

If a project is notifiable, a CDM co-ordinator must be appointed to help the client in co-ordinating health and safety measures. They will liaise with the principal contractor on health and safety and ensure co-operation between designers and the principal contractor during construction. The CDM co-ordinator must also notify the HSE about the project.

The principal contractor is now required to prepare a construction phase plan. Duties also include checking that suitable site inductions and training are given to workers.

The potential liability of individuals and companies offering construction services, as well as clients and CDM co-ordinators, has increased. Breaches of the regulations, particularly where there is a serious injury, are likely to result in a criminal prosecution by the HSE, with an unlimited fine if the case reaches the Crown Court. If there is a fatality, prosecution for corporate manslaughter, once the Corporate Manslaughter Bill becomes law, is more likely.

Insurers too face potential liability, for example, where they have appointed a building contractor following a property claim by a policyholder. They will be exposed to an HSE prosecution for a breach of the new regulations if there is an injury on site. They can no longer pass their legal responsibilities onto an agent.

Andrew Stokes, partner, and Chris Baranowski, associate Safety, health and environment group, Beachcroft LLP.