Health and Safety Failings – Prosecution for causing potential asbestos risk

Prosecution for causing potential asbestos risk

Key Facts:

  • Asbestos is the single greatest cause of work related deaths in the UK.
  • A restaurant’s leaseholder has been prosecuted for causing potential asbestos risk.
  • He failed to put in place measures to control the spread of asbestos fibres, and failed to comply with a Prohibition Notice.
  •  He was subsequently prosecuted and fined a total of £10,000, costs of £5,000, plus a victim surcharge of £500.

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Non-Gas Safe Registered Engineer Prosecuted | Health & Safety

Non-Gas Safe Registered Engineer Prosecuted

Key Facts: 

  • A gas worker was prosecuted after undertaking gas work whilst not on the Gas Safe register.
  • Registration with Gas Safe is a legal requirement before undertaking gas work.
  • He received a four month prison sentence for the five charges (suspended for 12 months), 150 hours committee service, and ordered to pay costs of £6,296.35.

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Spotlight on – CDM 2015, the Principal Designer Role

In response to the many questions being asked about the Principal Designer (PD) role under the new CDM 2015 Regulations, the HSE has posted some useful answers:

Who can carry out the role of the Principal Designer (PD)?

The PD must be a designer – an architect, consulting engineer or quantity surveyor, or anyone who specifies and alters designs as part of their work. They can also be clients, contractors and tradespeople if they carry out design work or arrange for or instruct persons under their control to do so. They must have the right mix of skills, knowledge and experience or organisational capability to carry out all the functions and responsibilities assigned to them in Regulations 11 and 12 and have control over the pre-construction phase.

Commonly, the PD is likely to be:
– for larger projects – a design practice or a technical department of a principal contractor e.g. a principal contractor doing design and build;
– for smaller projects – a self-employed architect/technician, small design practice, a project management company, a client’s internal estates management team, or even a specialist tradesperson such as an electrician where they lead on the design function;
so long as they meet the criteria of;

  • i. being a designer;
  • ii. having the relevant SKE or organisational capability, and;
  • iii. being in control of the pre-construction phase.

Does CDM 2015 require the Principal Designer to be a member of the project design team?

No. The PD must be appointed by the client as soon as it is established that more than one contractor is or is likely to be working on the project to plan, manage, monitor and control the design stages.
If the client gets it right and appoints the PD early at the concept stage, then the appointment should commonly take place before the project design team has been fully identified or assembled. The PD may provide their own design team, appoint a team or manage and control any team appointed by others.
Whatever the model, which provides maximum flexibility for the client, – the PD must be able to prove to the client that they have the SKE or organisational capability to fulfil all the functions – proportionate to the nature, size, complexity and risk profile of the project. Once in place, the PD should be in control of the design team so that they, and the design team, can carry out their roles effectively.

Can a client carry out the role of the Principal Designer?

Yes. If a client fails to, or decides not to appoint a PD the law provides that the PD role is automatically assigned to the client.
Many clients will choose to take on the PD role themselves but irrespective of whether by choice or otherwise, the client must have the SKE or organisational capability to fulfil all the PD functions and responsibilities effectively.

It is important to understand that if the client fails to appoint a Principal Designer, then the client automatically become the Principal Designer.

Click here some general information about CDM 2015

Health and Safety Failings – Tractor incident results in Bristol City Council prosecution

Tractor incident results in Bristol City Council prosecution

Key Facts:

  •  A worker was thrown from a tractor, resulting in serious injuries.
  • The tractor was not fitted with a seatbelt, the employee had not been adequately trained, and no supplier training was provided on procurement of the tractor.
  • After the subsequent HSE investigation, Bristol City Council were fined £20,000 plus costs of £4,700.

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