Property Developer Receives Custodial Sentences For Serious Demolition Site Safety Breaches

Construction is dangerous business. Whilst the number of deaths has decreased in recent years, in 2017-2018 there were 38 construction worker fatalities across the UK, with another 64,000 workers having suffered non-fatal injuries (2016-2017).

These figures are higher than in any other industry sector, with most fatal accidents occurring as a result of falling from a height. A high proportion of these incidents occur on small construction projects. The Health and Safety Executive (HSE) is well aware of this fact, and as well as performing spot-checks on construction sites, also routinely carries out targeted inspection initiatives.

Construction Health and Safety Regulations

There are several Construction Health and Safety Regulations applying to works on construction sites, including the Health and Safety at Work etc. Act 1974, as well as construction specific legislation such as the Construction (Design and Management) Regulations 2015.

Over the years the Construction (Design and Management) Regulations (CDM Regulations) have been amended to place more responsibility on the client, with the intention that the client, as the one who "holds the purse strings", can ensure health and safety is given the prominence it deserves.

The CDM Regulations require clients to satisfy numerous obligations, including making suitable arrangements for managing their project in order that construction work can be carried out, so far as reasonably practicable without risk to health and safety; appointing the principal designer and principal contractor (where applicable); ensuring a construction phase plan is prepared before construction works commence and that suitable welfare facilities are provided for the duration of the construction work.

The Client is also responsible for ensuring the designers and contractors it appoints have the suitable skill, knowledge, experience and organisational capability to perform their duties and that the principal designer prepares a health and safety file that is made available to anyone who needs it.

Organisations that do not carry out their duties, also need to consider the implications of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act can impose criminal liabilities on companies, including large organisations where serious failures in the management of health and safety result in a fatality.

Recent Prosecution

A recent judgment in England should be a reminder to clients that they need to take their...