The next step

Principal contractor compliance

[Checklist]

Why was principal contractor sentenced?

What happened?

Between 2019 and 2020 several groundworkers had been employed by Mustpha Matib (M) to excavate land in Denton in preparation for the construction of a family home. Works were stopped after neighbours raised significant concerns regarding both the safety of workers who were at risk of serious falls and potential excavation collapse, and that the neighbouring property was at risk of collapse due to the works.

The investigation

A foreseeable fall risk was identified by inspectors from the HSE as a large, deep and unprotected excavation was on the site. This excavation was not shored or suitably battered back to prevent the risk of collapse and a neighbouring property had been undermined with parts of the property at risk of collapse due to the excavation work. In addition, PPE had not been provided and some workers were working barefoot, and the site was not adequately secured to prevent unauthorised persons from entering.

Inspectors found that M had failed in his duties as principal contractor (PC) to prepare a construction phase plan, which should have included risk assessments and method statements. He had a duty of care to ensure the health, safety, and welfare of those carrying out the work or others who may be affected by their actions; in this case neighbouring properties.

In court

M pleaded guilty at Manchester Magistrates’ Court to breaching Regulations 2(1) and 3(1)Health & Safety at Work etc. Act 1974. He was sentenced to 16 weeks’ imprisonment suspended for twelve months, ordered to carry out 200 hours unpaid work and pay costs of £5,673.

The HSE’s view

Speaking after the hearing, HSE inspector Phil Redman said: “Inspectors will not hesitate to take appropriate enforcement action against duty holders who fall below the required standards and put lives at risk.”

What are the rules?

In M’s case the project fell under the Construction Design Management Regulations 2015(CDM) . The PC’s duties are to plan, manage, monitor and co-ordinate health and safety in the construction phase including liaison with the client, preparation of the construction phase plan, providing suitable inductions for employees, taking reasonable steps to prevent unauthorised access and consulting workers in regard to their health and safety, all of which M failed to do. If you are the appointed PC, use our principal contractor CDM compliance checklist to make sure that you’ve covered all your CDM duties. On the other hand, if you are the client, you can also use the same document to check that your appointed PC is doing what they should be (see The next step ). Tip.CDM also applies to “domestic clients” which means people who have work carried out on their own home that is not done as part of a business.

For our principal contractor CDM compliance checklist, visit https://www.tips-and-advice.co.uk , Download Zone , year 20, issue 15.