FEBRUARY 1999
C D M Regulations Update
Client Prosecutions
Now that the CDM Regulations have been in force for some time, the Health and Safety Executive have successfully made many prosecutions. In over half of these cases it was the Client who was prosecuted.
The Regulations impose statutory duties on Clients. These include the appointment of competent personnel to carry out risk assessments and to have regard for Health and Safety in both Design and Construction.
Most Clients who commission construction work, which can include routine repairs, cleaning or decorations, have duties imposed on them. It is therefore worth remembering these statutory duties.
- Clients must take steps to ensure the competency of appointed Designers.
- Clients must take steps to ensure the competency of the appointed Planning Supervisor.
- Clients must take steps to ensure the competency of the appointed Principal Contractor to manage work safely on site.
Non-fulfilment of these duties can result in prosecution.