CDM and other health and safety legislation

by Roland Finch

A recent newspaper headline sang the praises of the construction industry by declaring that according to Health and Safety Executive figures, the number of people killed at work has fallen to a record low.

There were 180 deaths in the 12 months to March 2009, down from 233 the previous year and the lowest since records began in 1974. In construction the total fell from 72 to 53.

Before we get complacent, however, let us consider some other HSE statistics:

• Construction has the largest number of fatal injuries of the main industry groups
• From 1999/2000 to 2006/07 the rate of reported major injuries in construction fell. Despite this falling tend, the rate of major injury in construction is the highest of any main industry group (599.2 per 100 000 employees in 2007/08)
• Relative to other industries, a higher proportion of reported injuries were caused by falls from height, falling objects, and contact with moving machinery.

No doubt some will cite the new CDM Regulations introduced in 2007 as being one of the reasons behind this recent fall. However the truth is probably more complex than that. It may be worth looking at a couple of other pieces of legislation:

The Corporate Manslaughter and Corporate Homicide Act 2007

To be fair, the new law only came into force on 6 April 2008, but it means organisations and government bodies now face a criminal offence, together with large fines if a death is caused as a result of their corporate health and safety failures.

It is probably too early to assess the impact of this legislation other than to briefly summarise it.

Key points include provisions which:

• Make it easier to prosecute when major failures in corporate management lead to death
• Allow a company to be convicted without a person at the top of the company being personally liable
• Do not apply to individuals (directors, senior managers etc.) but do not affect the existing liability of individuals to prosecution for manslaughter and health and safety offences
• Remove the current immunity to manslaughter prosecution from Crown bodies (such as government departments).

The Health And Safety (Offences) Act 2008

This new law amends section 33 of the Health and Safety at Work etc. Act 1974. It gives the courts new powers and direction with regard to punishment for breaches of health and safety law and regulation.

From 16 January 2009 magistrates courts will be able to impose fines up to £20,000 and also a maximum sentence of two years in prison. However this can not be applied retrospectively.
It is hoped that this new legislation will bring about continued improvement in the health and safety statistics. Next year's figures are already eagerly anticipated..

Related NBS information:

Articles:

• Corporate responsibility: the duties and responsibilities under the new CDM regulations

Selected links:

• Health and safety on site

Written July 2009

 

ViewAllArticles

BackToTop