Construction company fined for breach of CDM
Earlier this month a construction company was fined after the driver of a dumper truck sustained injuries when the dumper he was operating overturned on a construction site in Cornwall.
An investigation by the Health and Safety Executive (HSE) revealed the principal contractor for the site had failed to assess the competence and skills of the operator before he started work, failed to induct the operator before he started work on the site and had not checked whether the operator had the necessary skills, knowledge and experience to operate the vehicle. The contractor had also failed to undertake a risk assessment or prepare a construction phase plan.
Significantly, the contractor was found guilty of breaching CDM regulations.
Whilst the press release does not indicate whether the contractor concerned ignored their responsibilities under CDM or were not aware of them, the case highlights the importance of a) being aware of responsibilities under CDM and b) implementing measures as required.
Common misconceptions amongst the landscape industry are that landscape works are either not covered by CDM, or that CDM only applies to large projects. Both are untrue; the scope of works covered by the definition of ‘Construction’ in CDM include many aspects of landscape works, including site clearance, excavation, drainage, and earthworks. Furthermore, any landscape contractor undertaking work on a construction site where other contractors are present will have responsibilities under CDM.
Most importantly, CDM applies to projects of all sizes. Whilst it is true the HSE need only be notified of lengthier projects or those requiring more manpower, CDM also applies to smaller projects that do not need to be notified, including domestic projects.
Management of CDM may seem daunting at first, due to the myriad of roles and responsibilities. BALI has developed a section of the BALI website dedicated to CDM, with guidance on how to identify your role on different types of project and what your responsibilities are. In addition to the guidance, free template documents are available to BALI members.
As was the case at the construction site in Cornwall, the steps required under CDM are not complicated or onerous but do require some degree of planning and organisation, particularly where multiple contractors are working on the same site. When implemented correctly, however, CDM helps prevents accidents like the one in this example, which was entirely avoidable.
