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Health and safetyWellbeing

Bigger fines or jail for CDM compliance failure

by Personnel Today 15 Jan 2009
by Personnel Today 15 Jan 2009

CDM2007, developer of the e-learning portal dedicated to CDM training, has warned construction companies that unless they ensure that their employees are fully and appropriately trained, with acceptable proof of competence, they could now risk a prison sentence in the event of a health and safety breach.
 
The warning comes as the new Health and Safety (Offences) Act 2009 comes into full force on the 16th January.

With amendments to Section 33 of the Health and Safety at Work etc. Act 1974, magistrates will now have a new remit on sentencing for breaches of health and safety law and regulation which will enable them to impose fines of up to £20,000 and, if they wish, sentence convicted offenders to up to 2 years in prison.
 
“The new law adds a different dimension to the existing laws around work-related injury and fatality,” said David Jones, Marketing Director at CDM2007.

“Where a subsequent investigation and eventual prosecution proves that there has been a breach of duty that could have been avoidable, individuals can no longer hide behind the corporation. Staff at all levels need to fully understand their role, their responsibilities and their duty of care to other people.”
 
The key to ensuring employees are protected is training.

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CDM2007 was developed by London Borough of Bromley to provide the tools necessary for construction personnel to meet the government and industry standards redefined by the CDM2007 Regulations.

This comprehensive modular online training can be completed at a time to suit the user, who will also be provided with full support, and will be given credible evidence of their training progress and success to build into their proof of competence after completing each of the modules.
 
“Accidents will happen even in the most carefully controlled environments, but proof of competency will protect individuals should a case come to court,” says David Jones.    

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

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