A recent case saw a construction company fined £40,000 after a sub-contractor was seriously injured on site, as revealed by the Health and Safety Executive (HSE).
In the world of construction, safety is incredibly important, with potentially serious consequences if the right protections are not put in place, as this case demonstrates.
As a construction firm, you have several safety obligations towards both your employees and sub-contractors.
These take the form of both general requirements outlined in the Health and Safety at Work Act 1974 and sector-specific obligations laid out by the Construction (Design and Management) Regulations 2015 (CDM 2015).
Our construction law specialists are here to take you through the most significant ones.
Risk assessment and mitigation
Contractors and developers must conduct thorough risk assessments to identify potential hazards on-site, whether that be due to materials, machinery or the structures themselves.
They are required to implement measures to eliminate or control these risks, ensuring that sub-contractors are not exposed to preventable dangers at an unacceptable level.
This includes communicating any risks and mitigation steps, as well as keeping track of how these are followed and implemented.
You are also required to ensure that ongoing hazards are monitored and managed, as well as making sure that any equipment, materials and machinery are safe to use.
Emergency procedures
There should be a clearly outlined and communicated process for emergency situations, such as an accident or fire.
If you work with a specific material, you may have to take extra steps to avoid incidents like a fire or injury to a worker.
Ensuring the right skills and training
Anyone who works on a construction site should receive an appropriate induction, covering any potential risks and mitigation procedures.
You should also ensure that any sub-contractors (or employees) have the necessary skills and training to safely carry out their duties, as well as provide any essential PPE or other safety equipment that sub-contractors are not explicitly expected to provide.
Failure to do so could result in a serious incident and legal backlash for your company and directors personally, as the HSE have powers to prosecute directors, senior managers and employees of businesses that breach health and safety laws.
Ongoing supervision
You should make sure that the site and any materials or equipment is regularly reviewed for compliance with safety procedures.
Supervision helps to ensure that sub-contractors are following the correct safety practices and that any new risks are identified and managed promptly.
Reporting of incidents
A key area of ongoing site safety is prompt action following an incident.
If you are responsible for the site or those working on it, is it your responsibility to report any serious incidents to the HSE, as mandated by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
An HSE officer will investigate the incident to determine the cause and help you to prevent it from happening again.
Failure to meet these obligations can result in legal penalties, increased insurance costs, and damage to reputation, not to mention the potential for serious harm – making it essential that you engage fully with your requirements.
For further advice, please contact our team to discuss your needs.