Health and Safety Failings – Construction client fined after endangering public

Construction client fined after endangering public

Key Facts:

• A member of the public voiced concerns over construction works taking place next to a public pavement.
• The subsequent HSE investigation found that the construction client had not properly planned or managed the construction works.
• A fine of £3000 plus costs of £1255.30 was issued.

The Case:

A Birmingham based construction client was inspected by the HSE after a member of the public voiced concerns over work being carried out next to a public pavement.

The subsequent HSE inspection found that there was a clear risk of construction materials falling from the site onto the pavement and street, and that no fall prevention measures had been put in place to protect construction workers on the site.

The construction client was therefore found to have failed to properly plan and manage the construction work taking place. Having been defined as a client by the Construction (Management and Design) Regulation 2007, he was found guilty of breaching Regulation 9(1) of the same regulations.

He was fined £3000 and £1255.30 in costs.

What the HSE Inspector had to say

Speaking after the hearing the HSE Inspector Chris Gregory stated that:

“As the client for the work, Mr Hewitt should have ensured the appropriate measures were in place in order to plan, manage and monitor the project. He was informed of his duties by his advisors, but failed to act.

Mr Hewitt had a duty to ensure that the safety of those working on site and those members of the public, passing by, were not put at risk, he failed on both counts.”

What the law states: 

Regulation 9(1) of the Construction (Design and Management) Regulations 2007 states:

Every client shall take reasonable steps to ensure that the arrangements made for managing the project (including the allocation of sufficient time and other resources) by persons with a duty under these Regulations (including the client himself) are suitable to ensure that

1. the construction work can be carried out so far as is reasonably practicable without risk to the health and safety of any person; 
2. the requirements of Schedule 2 are complied with in respect of any person carrying out the construction work; and
3. any structure designed for use as a workplace has been designed taking account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 which relate to the design of, and materials used in, the structure.

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