Housebuilder caught flouting CDM Regulations is sentenced

A housebuilder that was served 16 enforcement notices over a four-year period has been fined for a catalogue of safety failings uncovered at two construction sites.

Manchester and Salford Magistrates’ Court was told that Sherwood Homes had appointed several principal contractors (PCs) to work on residential property developments in Preston, Lancashire and Tarporley, Cheshire.

During inspections of both sites, the Health and Safety Executive (HSE) found workers were exposed to risks including falls from height, electrocution, silica dust inhalation and being struck by machinery. It took enforcement action against the PCs and the client, Sherwood Homes.

Sherwood Homes had failed to make suitable arrangements for managing the projects, the HSE said. Its investigation revealed the company had breached the Construction (Design and Management) Regulations 2015 (CDM Regs) by failing to notify it of the projects before construction began.

The CDM Regs state that the executive must be informed of any construction project where the work is likely to last longer than 30 days and involves more than 20 workers via an F10 form.

The welfare facilities on the Tarporley site were also inadequate.

Since early 2014, the HSE has carried out nine inspections across four Sherwood Homes construction sites and served 16 enforcement notices and nine notices of contravention for various safety and health breaches.

In 2017, for example, the company was handed one improvement notice to organise traffic routes to enable pedestrians and vehicles to circulate safely, and another over its failure to ensure the PC had drawn up a construction phase plan.

Sherwood Homes was found guilty of breaching regs 4, 6(2) and 6(3) of the CDM Regs and fined £76,000 plus £14,651 costs.

HSE inspector Susan Ritchie said: “Clients cannot delegate their health and safety responsibilities. The CDM Regs place clear duties on clients making them accountable for the impact of their decisions and approach have on the health, safety and welfare of their project.

“In general terms, the client must ensure that the construction project is set up so that it is carried out from start to finish in a way that adequately controls the risk to health and safety of those who may be affected by it.

“In order to achieve this they must engage others (such as designers and principal contractors) that have the necessary skills, knowledge, training and organisational capabilities to fulfil their responsibilities under CDM and deliver the project safely on behalf of the client.”