Minimise risks from health and safety regulations

Alan Russell, of Butler and Young, explains how companies undertaking building works face stiff new penalties if they fail to ensure work is carried out safely.

Clients - as well as contractors - face fines of up to GBP20,000 or up to 12 months in prison if they breach the regulations, which came into force in 2007.

Under the Construction (Design and Management) Regulations 2007, clients can no longer delegate responsibility for certain aspects of the work.

"Their responsibilities start before an architect has even lifted pen to paper," said Alan Russell, of Butler and Young, one of the country's leading commercial providers of building control services and CDM Co-ordinators.

"They have to appoint a Construction Design and Management Co-ordinator before any design work is begun, who in turn will identify hazards and risks associated with the works before, during and after construction".

"Clients are responsible for ensuring the co-ordinator is competent - and they, in turn, confirm the competency of any designers, from architects to tradesmen.

"The duties under the regulations are stringent, and the penalties for ignoring them are severe: in extreme cases people can be sent to prison".

As well as pinpointing risks and hazards, the CDM Co-ordinator has a new duty to compile the Health and Safety file, particularly where one did not exist before.

The co-ordinator is also responsible for assessing the competency of the Principal Contractor.

Clients have several other legal obligations.

One being to allow the Principal Contractor adequate time to set up safely on site, in advance of work starting, as they have a duty to ensure that there are adequate welfare facilities, such as washrooms, restrooms and drinking water.

Anyone involved in the design of the building - from architects to tradesmen - is expected to be competent and is under a duty to turn down an appointment if they know they are not up to the required standard.

They are not allowed to start any part of the design until the CDM Co-ordinator is in place.

Designers must also identify any hazards which will remain after the work is completed, and to do their best to either "design out" those hazards or take measures to mitigate them if they cannot be designed out.

Butler and Young's training division Trenton Training is one of only three companies in the country which are accredited to run courses in managing these new regulations.

Trenton Training is recognised by the Association for Project Safety, the lead organisation for compliance with the CDM regulations, and in addition has recently won a contract to provide on-going training in health and safety for members of the Royal Institute of British Architects.

Mr Russell said: "Companies which are uncertain about the regulations would be well advised to consider training their key members of staff".

"They could save money - and a lot of trouble - in the long run as they need to truly understand and fulfil their responsibilities under these new regulations.

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