Regulatory Advice on the Construction, Design and Management Regulations
The Construction Design Management Regulations were heavily updated in 2015. Under the new Regulations the roles and responsibilities for builders, designers, contractors, sub-contractors and developers became clearer and stricter. The aim of the new regulations was to force decision-makers on construction projects to be accountable for the safety of the workforce and general public and to increase safety standards through the pre-construction, construction and post construction phases.
The main changes were the appointment of three key duty-holders: The client, the principal designer and the principal contractor have distinct roles and responsibilities and are required to maintain and evidence standards on-site.
The CDM Regulations also increased the penalties for health and safety breaches and non-compliance. A company, director, contractor, designer, sub-contractor or developer can be fined for non-compliance with CDM Regs. They can also be ordered to stop work andultimately where there are repeated breaches or a serious accident as a result of health and safety failings, prosecuted.
Prosecutions can lead to prison sentences of up-to two years or an unlimited fine. Fines totalling several million pounds have already been handed out under the new regulations.
At Ison Harrison we understand the CDM Regulations. We have advised businesses of all sizes from national building companies to sole-traders with regard to:
- What constitutes a notifiable project
- The role of Client and the F10 Form
- The roles of Principal Designer and Principal Contractor
- The content of the Construction Phase Plan
- Record keeping, compliance and the Health and Safety File
- Minimum welfare standards
- Stop Notices and Enforcement Notices
- HSE Investigations
- Responding to request for information where a prosecution is being investigated
- Interviews under caution
- Criminal Investigations and Prosecutions
Our aim is primarily to ensure compliance and avoid an investigation. If an investigation cannot be avoided, or has commenced, we aim to conclude any investigation without prosecution.
We know that the most important thing to our clients is to be able to continue to trade through any investigation and focus on running their business. We will take care of any investigation and will deal with HSE, providing expert responses to any enquiry.
If a prosecution is instigated we defend our clients vigorously. We have access to leading construction industry expert witnesses and experience in defending cases of all types.
During an investigation we can advise you with regard to obtaining and preserving evidence, obtaining witness statements, dealing with the investigators and information requests.
If necessary, we will represent you at court and present your case. Having a skilled advocate who understands the procedure presenting a case can drastically reduce the level of any fine imposed by the Court.
We offer a nationwide service and are available 24/7. We are able to secure insurance-backed funding for investigations.
If you have an enquiry relating to the Construction Design Management Regulations please contact:
- Office number: 0113 284 5000
- Email: email@example.com
- Out of hours: 07507674994