Both sections 4 and 5 CDM Regulations (2015) document refer to “Client” (customer) legal duties and confirm they must “make suitable arrangements for managing a project (window cleaning) so it is carried out in a way that manages the health and safety risks”.
This is a legal requirement that has to be addressed and until you appoint somebody, preferably in writing, to act for you it will always remain your responsibility. And when they say “your” we don’t necessarily mean Conglomerate Ltd but in some circumstances, it is taken to
mean you personally. Consider this.
HSE Document published Oct 2019 Enforcement Statistics for 1 year, 2019
Total enforcement Notices Issued 2263 0ver 40 per week
Total prosecutions 394 Approx. 8 per week
Total convictions 364 That’s a 92% hit rate
Highest single fine £3,000,000 that’s three million £
Average fine £150,000; the average fine!
The HSE applies a policy of matching the size of the fine imposed to the turnover of the organisation so hiding in a big company may not be the best idea.
3% of all prosecutions resulted in immediate custody that means directly from dock to jail (that’s about as personal as it gets) and that is 10 people almost 1 per month.
9% of all prosecutions resulted in suspended sentences that’s 33 people last year with a jail
sentence hanging over their heads.
Remember you have a legal duty, so with that in mind.
Hand on heart with the inspector knocking on your door can you demonstrate fulfilling your legal obligation in respect of the CDM Regulations. A good start is to be able to show you have appointed, in writing, a competent company and produce the first piece of evidence
he will ask for, your Risk Assessments and Method Statements to ensure you are working safely. Before you answer confidently with a quiet smile on your face remember this, they have to be,
1 Up to date, have you visited them recently and checked against recent legislation
2 Site specific, that means not containing all sorts of rubbish that is inapplicable the HSE really don’t like wading through all that.
3 Clearly identify the risks and precautions not hide them in pages of meaningless information the HSE like to get to the point quickly and identify the risks.
Still feel confident “Good Luck”
Working with PCC relieves you of that burden, here’s how.
As part of our contract we will offer to visit your site and personally conduct a H&S survey looking at the all the risks relevant to your site. We will complete a questionnaire giving us the information needed and ask you any questions we need to know to add to our own’ this also demonstrates your commitment. We will conduct specific research we need and finally we will produce those documents, RAMS, to relieve you of the problem. We will send you an initial copy but more importantly we will keep them on file so you always have a backup copy out of office but reachable via our website. Its these details that can be overlooked but don’t worry working with PCC ensures we will always be looking out for you.
Dear Facilities Manager how safe do you feel from personal prosecution now?