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Construction sites remain among the riskiest workplaces in the market.

Most accidents involve diggers, earth-moving machinery and power tools. The duties that follow are stricter, and personal.

Why construction is treated differently

Construction sites and the construction industry are still some of the most dangerous working environments in the country. A large proportion of serious accidents involve diggers, earth-moving machines and power tools — equipment which causes severe injury when it is used without adequate training, planning or supervision.

Because of that, construction carries an additional layer of regulation on top of the general duties every employer owes. 

CDM duties

The Construction (Design and Management) Regulations allocate specific duties between the client, the principal designer and the principal contractor. On most sites, this role is held in practice by a project manager or a site manager — but the legal duty sits where the regulations put it, not where the organisation chart does.

  • Client duties, including appointing competent duty holders and allowing adequate time
  • Principal designer duties for planning and managing the pre-construction phase
  • Principal contractor duties for planning, managing and monitoring the construction phase
  • The construction phase plan
  • The health and safety file
  • Notification to the HSE where the project exceeds the thresholds

On site

Site inductions, method statements, permits to work, competence records and toolbox talks. These are examined closely after any incident, and gaps are extremely difficult to explain retrospectively.

Personal liability

The employer is the first person responsible for monitoring safety at work and is directly liable for damage suffered by employees in the course of employment. In construction, individual managers and directors can also face personal consequences where failures are serious. This is not an area where paperwork produced after the fact helps.

After an incident

Certain injuries and dangerous occurrences are reportable to the HSE under RIDDOR within strict time limits. Speak to us before responding to any inspector correspondence — early written answers tend to shape everything that follows.

What this covers

  • CDM duty allocation and advice
  • Construction phase plans
  • Method statements and safe systems of work
  • Site inductions and toolbox talks
  • Plant and equipment competence records
  • RIDDOR reporting
  • HSE correspondence and inspection
  • Subcontractor competence checks
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In detail

How we help.

CDM compliance

Duties identified and allocated correctly between client, designer and contractor.

Site documentation

Phase plans, method statements and permits prepared to the standard expected on site.

Incidents

RIDDOR reporting and inspector correspondence handled through to closure.

FAQ

Common questions.

Who is the principal contractor on our project?
Where there is more than one contractor, the client must appoint one in writing. If they do not, the client takes on those duties themselves — which is a position many clients occupy without realising it.
They apply to all construction work, including domestic projects, though notification to the HSE is only required above certain duration and workforce thresholds.
The document setting out how health and safety will be managed during the construction phase. It is required for every project and must be prepared before work starts on site.
Make the area safe, get medical attention, preserve the scene and the records, and call us before you write anything to the HSE. Some incidents are reportable within days.
To a significant degree, yes. You must take reasonable steps to satisfy yourself that anyone you appoint has the skills, knowledge, training and experience for the work.

Related

Other areas you may need.

Health and Safety

The full practice area this sits within.

Read more

Assessments

A related service in the same area.

Read more

Training

A related service in the same area.

Read more
Get in touch

Tell us what you are dealing with.

Email

info@newvisionlegalsupport.com

Telephone

07534636866

Office

London, United Kingdom