First Principal Designer Prosecution

The HSE has announced that the first prosecution of a Principal Designer (PD) has taken place.

The Architects, acting as PD, pleaded guilty to breaching Regulation 11 (1) and 11 (3) of the Construction (Design and Management) Regs 2015, and have been fined £20,000 and ordered to pay costs of £6,039.

The Principal Contractor did not attend court but were found guilty in their absence to breaching Section 2 (1) and 3 (1) of the Health and Safety at Work etc Act 1974, and have been fined £150,000 and ordered to pay costs of £6,039. Their prosecution was for, unfortunately, all too familiar failings around safe systems of work on site.

The PD was fined for not considering fire risk related to the timber frame during construction and the potential impact on the adjoining Residential Home. This shows how a good PD should be asking designers to consider these build-ability factors early on; particularly when using unusual materials, so they can be addressed and worked through with the contractor. The age old "let the contractor work it out" attitude cannot be used. 

If you need any Health and Safety advice on your projects, please call our team now.