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March 2009

Refurbishment projects – Is your site in good order?

The Health and Safety Executive ("HSE") has announced that they are launching an inspection campaign for this Spring focussing on refurbishment projects.

Would your project "pass" a surprise inspection?

Who will be inspected?

The HSE intend to undertake inspections without prior arrangement, targeting refurbishment projects in Glasgow, Edinburgh, Aberdeen and Inverness in the early part of March 2009.  With the HSE promising strong enforcement action against those found wanting, now is the time for all parties instructing or carrying out refurbishment work to ensure that their site is in order from a health and safety perspective.

What will the HSE be looking for?

The HSE will generally be looking for poor health and safety standards on site. Particular areas of focus are likely to be:

  • asbestos

  • work at height

  • good order on site

  • CDM compliance.

What if the inspectors do not like what they see?

For serious failures to comply with health and safety legislation, the inspectors have the power to shut down your site by serving a prohibition or improvement notice requiring urgent improvements on site. 

Any such failures might ultimately lead to prosecution.  Developers should note that the Health and Safety (Offences) Act 2008 is now in force.  The Act increases financial penalties for failure to comply with health and safety regulations, both for companies and individuals.  It also introduces custodial sentences for individuals for a variety of health and safety offences at a time when the HSE are increasingly turning their attention to the conduct of individuals at all levels within organisations.

What can I do to prepare for inspection?

  • CDM compliance – the HSE will be considering the roles of Client, Designer, Principal Contractor and CDM Co-ordinator under CDM 2007; all parties should review their arrangements for ensuring competence of all contractors on site and their communication and co-ordination with others whilst Clients and Principal Contractors must also pay particular attention to the information provided, the inductions and training requirements of the workforce and the welfare facilities provided.
  • Asbestos – ensure that the location of any asbestos on site is properly documented and that arrangements are in place to deal with it safely.
  • Work at height - Follow the risk assessments you have carried out for work at height activities and make sure all work at height is planned, organised and carried out by competent persons.  Ensure that the risk assessment is up-to-date.
  • Good order on site – Regularly inspect your site to ensure that work areas are kept tidy, clear pedestrian and vehicle traffic routes are in place and that materials are stored in designated areas.

If you would like further information on health and safety for refurbishment projects, please contact:

Laura Cameron

Laura Cameron
Partner and Head of Commercial Litigation & Dispute Resolution
Tel. +44 (0)141 567 9369
laura.cameron@mcgrigors.com
  Katherine Metcalfe

Katherine Metcalfe
Solicitor

Tel. +44 (0)141 567 9279
katherine.metcalfe
@mcgrigors.com



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