Construction in firing line following deaths

Mace and Jones, experts on construction law is warning that the recent rise in deaths on building sites could rebound on all businesses responsible for commissioning developments.

Care for construction safety has expanded to include those who commission and pay for developments as well as those who design, manage and build them.

And with a rise in deaths on building sites, leading North West construction lawyer, Ken Salmon of Mace and Jones, warns that responsibility could extend to those not directly involved in the work.

The latest Health and Safety Executive figures show that construction fatalities have hit their highest rate for five years There were 77 fatal injuries in the year 2006/2007, equivalent to a rate of 3.7 per 100,000 workers.

Last year, there were 60 deaths, representing a 28% rise in one year.

There have been 5 construction related deaths so far this month.

From this April, the Construction Design and Management Regulations 2007 widened responsibility for safety on sites to the clients (companies or individuals) who commission new buildings, even if they have no direct role in the work.

'Before this April, if an accident happened, such as a crane toppling over on a building site, it was the contractors, designers or managers who faced the music.

Now, those who pay for the building works are also in the frame.

A death on a building site will be followed up by an investigation of the care taken by all parties including the individuals whose only role is choosing the contractors, designers or managers and footing the bills.

Clients need to ensure that all those to be employed are competent, have been provided promptly with all the information in the client's possession relating to heath and safety issues, and have sufficient time to properly plan and carry out their duties.

It is for the client to ensure suitable arrangements are made for managing the project.

Clients may also incur liability if they chose a particular design, system or product' said Mr Salmon.

'A client will not be able to hide behind an agent if something goes wrong.

If he knows or should have known of deficiencies in the procurement, design, management or construction process, he will have a duty to do something about it and be at risk if he fails'.

The new regulations are part of a purge to reduce the number of accidents on building sites, Meanwhile, the Health and Safety Commission is calling for the industry to improve its record through three actions:.

- Ensuring a qualified workforce through official accreditation.

- Working with designers to look at safety issues at the design stage.

- Sharing near-misses with other industry stake-holders.

Many of the fatalities are in the house-building and refurbishment sector and there are Government plans to set up an industry forum on health and safety.

Punishments following a conviction in the Crown Court for breaches of Health Safety and Welfare law include an unlimited fine and up to two years imprisonment.

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