New H&S regs mean greater liability
7th April 2015

Construction companies, consultants or contractors with inadequate health and safety standards face increased liability and risk of legal action following the introduction of new legislation which came into force this week.

The Construction (Design and Management) Regulations 2015, are intended to reduce the number of accidents on construction sites, place greater responsibility on clients for the conduct and decisions of the people they employ to oversee health and safety.

 Now, construction companies are required by law to meet a number of requirements in ensuring health and safety on construction projects, according to a summary by law firm HBJ Gateley, which says they must:

• assemble a competent professional team and ensure that the roles of team members are clear

• ensure sufficient time and resources are allocated at appropriate stages of the project to adequately and appropriately deal with health and safety issues 

• ensure that there are effective mechanisms in place for project team communication and that they work. 

• provide suitable welfare facilities for the duration of the construction work. 

The summary warns that the consequences of non-compliance are potentially serious. If it transpires that a company was slipshod in making these appointments, it could be liable for any issues or breaches. The penalty could range from delays on a project, with the risk of additional costs, to prosecution. 

Charles Brien, construction law expert at HBJ Gateley said: “While the new legislation’s designed to simplify health and safety requirements, the onus is now on clients to understand the subtle shift in liability and to change their policies and practices accordingly. 

“Ignorance will be no defence, and if clients are found to have fallen short of the expected standard, they may be blocked from continuing a project until they can demonstrate they have changed the way they work.”
The Construction (Design and Management) Regulations 2015 replace the previous 2007 version and are designed to reduce bureaucracy while ensuring safer working practices and environments across the construction industry. They are part of an ongoing legislative response to improving health and safety standards across the construction industry.

www.hbjgateley.com

The full Regulations can be found at: http://www.legislation.gov.uk/uksi/2015/51/contents/made
Or an executive summary at: http://www.legislation.gov.uk/uksi/2015/51/pdfs/uksiem_20150051_en.pdf