Client developer prosecuted over CDM 2007 offences

Fine follows failure to notify HSE and appoint CDM-C and competent PC

A property developer has been fined after a routine HSE inspection discovered “safety failings that endangered the lives of workers” in Essex, on 10 February 2011. Stefano Di Piazza of Waltham Cross, Hertfordshire was the CDM 2007 client for the development.

At Chelmsford Magistrates’ Court he admitted failure to:

• appoint a competent principal contractor;
• take reasonable steps to ensure that work was carried out without risk to health and safety;
• appoint a CDM Co-ordinator; and
• notify HSE of the project.

The project involved convertion of two buildings into nine apartments and two retail units. The Principal Contractor was fined at a previous prosecution.

Developers influence safety and have legal duties as client.

The visit was part of a targeted programme of construction project inspections. Contractors were found working 3m above ground without measures in place to prevent them from falling. HSE prohibited all work immediately until safety measures were put in place.

Mr Di Piazza pleaded guilty at Chelmsford Magistrates’ Court to four breaches of the Construction (Design & Management) Regulations 2007 and was fined a total of £10,000 with £5,741 to pay in costs.

Speaking after the hearing, HSE Inspector David King said:

“Developers have a big influence on how work is done safely and they have legal duties as the construction client

They have to appoint the right people, provide information to the team and make sure there are suitable management arrangements and a health and safety plan in place.

Mr Di Piazza blatantly disregarded the importance of a safe working site, leaving the workers at Sun Street in serious and unnecessary danger.”