Breaches of the Construction (Design and Management) Regulations (‘CDM Regulations’) 2015 give rise to criminal liability and, in the event of a serious incident, particularly involving a fatality or catastrophic injury, the Police and HSE will investigate a number of duty holders.
A criminal investigation may well have a significant impact on duty holders including:
- Charges under the HSE’S FFI (Fee for Intervention) Scheme.
- Substantial fines under the Sentencing Council’s Definitive Guideline for Health and Safety offences and Corporate Manslaughter.
- Commercial and reputational damage.
In this workshop, which will be delivered by the Safety Health and Environment team at DAC Beachcroft, delegates will play the role of the senior management and directors of a contractor.
Case study: You are the senior management of a construction contractor. Your organisation is being investigated by the HSE for potential breaches of the Health and Safety at Work etc. Act 1974 and the CDM Regulations 2015 following a serious injury to a worker on a construction site following a fall from height. There is already media interest in this case and a significant fine could put your organisation out of business. What steps do you need to take to achieve the best outcome?
The workshop will cover:
- The Accident Investigation report and the importance of preserving legal privilege
- RIDDOR Reporting – who should report the incident and when?
- When to appeal improvement Notices or Prohibition Notices.
- The key duties of a contractor and other duty holders under the Health and Safety at Work etc. Act 1974 and the CDM Regulations 2015.
- How the HSE will approach the adequacy of risk assessments and method statements
- The key stages in a criminal investigation including the interview under caution.
- Best practice guidance on how to successfully defend a prosecution.
- Cross-examination at trial.
- Sentencing update.
This workshop will be relevant for anyone involved in managing and co-ordinating health and safety duties on a construction site including those at senior management level and those who may be involved in accident investigations, dealing with enforcement notices and preparing/reviewing method statements.
Please note that, in the first instance, places will be limited to 3 per member company. However, should you require additional places, please let me know, so that they can be noted on the reserve list and hopefully we will be able to accommodate your request.
If you wish to attend, please send the completed Booking Form to Lucy Hudson.