Construction Health & Safety - CDM Regulations & Site Safety Compliance

Construction health and safety law protects workers and the public from the inherent risks of building projects. With the Construction (Design and Management) Regulations 2015 imposing significant duties on all parties, specialist legal advice ensures compliance and protects against prosecution, claims, and project delays.

What Our Construction Health & Safety Solicitors Can Help With

• CDM Compliance: Construction (Design and Management) Regulations 2015
• HSE Enforcement: Health and Safety Executive investigations and prosecutions
• Accident Claims: Construction site accident liability and defence
• Safety Audits: Health and safety compliance reviews
• Risk Assessments: Construction risk assessment and method statements
• Principal Designer Duties: CDM designer responsibilities
• Principal Contractor Obligations: Main contractor safety duties
• Worker Safety Training: CSCS cards and competency requirements

CDM Regulations 2015 Key Duties

Client Duties:

• Competent Appointments: Ensuring competence of designers and contractors
• Adequate Resources: Providing sufficient time and money for safety
• Principal Designer: Appointing principal designer for projects over 30 days
• Principal Contractor: Appointing principal contractor for multi-contractor projects
• Pre-Construction Information: Providing relevant safety information
• Health and Safety File: Ensuring creation and maintenance

Designer Duties:

• Elimination of Risks: Designing out health and safety risks
• Risk Information: Providing information about remaining risks
• Cooperation: Working with other designers and contractors
• Competence: Ensuring own competence and that of appointees

Principal Designer Duties:

• Pre-Construction Information: Collating and updating information
• Construction Phase Plan: Ensuring plan is prepared before construction
• Health and Safety File: Preparing and maintaining the file
• Cooperation and Coordination: Managing design team coordination

Contractor Duties:

• Planning and Risk Assessment: Before starting work on site
• Safe Working: Implementing safe systems of work
• Cooperation: Working with other contractors
• Worker Consultation: Engaging workers in safety matters
• Information and Training: Ensuring worker competence

Common Construction Safety Issues

Working at Height:

• Falls from Height: Leading cause of construction deaths
• Scaffolding Safety: Proper erection, inspection, and use
• Roof Work: Fragile roofs and edge protection
• Ladder Safety: Proper use and positioning
• MEWP Safety: Mobile elevated work platforms

Excavation and Groundwork:

• Excavation Collapse: Proper shoring and support systems
• Underground Services: Avoiding strikes to utilities
• Confined Spaces: Safe entry and working procedures
• Contaminated Land: Health risks from contamination

Plant and Equipment:

• Mobile Plant: Vehicle movements and pedestrian safety
• Lifting Operations: Cranes and lifting equipment safety
• Hand Tools: Power tool safety and maintenance
• Maintenance: Equipment inspection and testing

HSE Enforcement and Prosecutions

HSE Powers:

• Inspection Rights: Unannounced site visits and investigations
• Improvement Notices: Requiring safety improvements within set timeframe
• Prohibition Notices: Stopping dangerous work immediately
• Prosecutions: Criminal proceedings for safety breaches
• Fee for Intervention: Charging for HSE time on material breaches

Criminal Penalties:

• Individuals: Unlimited fines and up to 2 years imprisonment
• Companies: Unlimited fines
• Corporate Manslaughter: Unlimited fines for gross management failures
• Director Disqualification: Possible disqualification from company directorships

Construction Accident Claims

Common Accident Types:

• Falls from Height: Scaffolding, roof, and ladder accidents
• Struck by Objects: Falling materials and moving plant
• Manual Handling: Back and musculoskeletal injuries
• Electrical Accidents: Electrocution and electrical burns
• Occupational Disease: Asbestos, noise-induced hearing loss, HAVS

Liability Issues:

• Employer Liability: Common law and statutory duties
• Occupier Liability: Site owner and occupier responsibilities
• Product Liability: Defective equipment and materials
• Professional Negligence: Designer and safety advisor duties

Risk Assessment and Method Statements

Risk Assessment Process:

• Hazard Identification: Identifying what could cause harm
• Risk Evaluation: Assessing likelihood and severity
• Control Measures: Implementing hierarchy of controls
• Recording: Documenting significant findings
• Review: Regular review and updates

Method Statements:

• Step-by-step work procedures
• Identification of hazards and controls
• Required competencies and training
• Emergency procedures
• Monitoring and supervision arrangements

Construction Safety Training and Competence

CSCS Cards:

• Construction Skills Certification Scheme: Industry standard competence cards
• Different Card Types: Labourer, skilled worker, supervisor, manager cards
• Testing Requirements: Health and safety tests for all applicants
• Site Requirements: Many sites require valid CSCS cards

Management Training:

• IOSH Managing Safely in Construction
• NEBOSH Construction Certificate
• CDM awareness and compliance training
• Specific risk training (asbestos, confined spaces)

Why Choose SolicitorConnect for Construction Health & Safety

• CDM Specialists: Expert knowledge of Construction (Design and Management) Regulations
• HSE Experience: Proven track record in HSE enforcement matters
• Industry Knowledge: Understanding of construction processes and safety challenges
• Practical Approach: Balancing compliance with commercial realities
• Training Support: Helping clients understand their safety obligations
• Emergency Response: 24/7 support for serious accidents and incidents

Construction health and safety compliance protects workers, reduces liability risks, and ensures projects can proceed without regulatory intervention.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.