Health and Safety Law (CDM 2015) Flashcards

Under the Construction (Design and Management) Regulations 2015, who is responsible for appointing the principal designer on a project with more than one contractor?

Answer: The client

Under CDM 2015 Regulation 5, the client must appoint a principal designer when there is more than one contractor on a project. This duty is non-delegable and remains with the client throughout the project.

What is the minimum notification period a client must give to the HSE before construction work begins on a notifiable project under CDM 2015?

Answer: As soon as practicable before construction begins

CDM 2015 Regulation 6 requires the client to notify the HSE as soon as practicable before the construction phase begins. There is no fixed minimum number of days specified; the notification must simply be made before work starts.

Under CDM 2015, which project triggers the requirement for a construction phase plan?

Answer: All construction projects regardless of size

CDM 2015 Regulation 12 requires a construction phase plan for every construction project, regardless of size or duration. This was a key change from CDM 2007 which only required it for notifiable projects.

A principal contractor under CDM 2015 must ensure that what document is prepared before the construction phase begins?

Answer: The construction phase plan

Under CDM 2015 Regulation 12, the principal contractor must draw up a construction phase plan before the construction phase begins. It must set out the health and safety arrangements and site rules for the project.

Under the Health and Safety at Work etc. Act 1974, what is the maximum period of imprisonment a court can impose for a health and safety offence tried on indictment?

Answer: 2 years

Under Section 33 of the Health and Safety at Work etc. Act 1974, offences tried on indictment in the Crown Court carry a maximum prison sentence of 2 years. However, for Corporate Manslaughter offences under the 2007 Act, different sentencing applies.

Under CDM 2015, when must the principal designer prepare and update the health and safety file?

Answer: Throughout the project from design to handover

CDM 2015 Regulation 12(5) requires the principal designer to prepare, review, update and revise the health and safety file throughout the project. It must contain information needed for future construction work and be handed to the client at project completion.