CDM – Those in control of work

I think that we would all accept that “those in control of work” have a responsibility to ensure that the work is carried out safely. Part of that responsibility is ensuring that there is a safe way of doing it (usually referred to as a safe system of work). The responsibility does not end there; they also need to ensure that workers are aware of this safe system of work and that they adhere to this safe system of work.

Construction worker struck by a falling beam

When you see headlines like the one above, it raises questions. What happened? Why were they doing the work like that? Were they following the procedure?

In this case, a house building company was fined after a sub-contracted worker suffered serious facial injuries when struck by a falling beam. Llandudno Magistrates’ Court heard how the self-employed, joinery sub-contractor was injured when he was struck on the head by a steel beam that fell during construction of a timber frame home at a site on Tremeirchion Road, Bodfari, resulting in serious facial injuries.

HSE investigators found the principal contractor did not “closely supervise the work” to ensure it was properly planned, managed and monitored. In court, Williams Homes (Bala) Limited of Eagle House, Severn Street, Welshpool pleaded guilty to breaching Regulation 15 (2) of the Construction (Design and Management) Regulations 2015. The company has been fined £60,000 and ordered to pay costs of £7,233.66

Speaking after the case, HSE principal inspector Paul Harvey said:

Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working. If a suitable safe system of work had been in place prior to the incident, the serious injuries sustained by the sub-contractor could have been prevented.

Good health and safety management is about planning work and avoiding hazards and controlling risks. Thinking through dangerous tasks and developing safe ways to do them is an example of “being wise before the event”.

A contractor died as a result of falling through a skylight

A farmer from Wrexham in Wales has been fined £26,000 after a worker died when he fell through a cow shed skylight. The Contractor [DAR] had used a ladder to go up on to the roof to clear the valley gutter on 19 July 2018, Mold Magistrates’ Court was told.

An investigation by the Health and Safety Executive (HSE) found there was no safe system of work in place and [DAR] fell.

Robert Latham, who owns Knolton Farm in Overton, pleaded guilty to breaching s 3(2) of the Health and Safety at Work Act. He was fined £26,000 and ordered to pay costs of £3,922.

HSE inspector Mhairi Duffy said:

Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers and contractors in the safe system of working. If a suitable safe system of work had been in place prior to the incident, the death could have been prevented.

Are you one of “those in control of work?

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