Failing to meet the requirements of CDM 2015 can have serious consequences—not just for project timelines and safety, but also legally and financially.
The Health and Safety Executive (HSE) conducts unannounced site visits to ensure CDM duties are being properly followed. These inspections can lead to enforcement actions such as Improvement Notices, Prohibition Notices, or formal investigations. You can learn more about the types of notices issued by the HSE here on their official website.
⚖️ Prosecution & Fines
Non-compliance can lead to criminal prosecution, with penalties ranging from significant fines to community-based sentences, or even imprisonment for individuals. This isn’t just theoretical—CDM prosecutions are rising and according to data reported by the British Safety Council, there have been 197 prosecutions under CDM 2015, with figures current up to March 2024.
📉 Reputational Damage
Beyond legal and financial consequences, enforcement actions often become public, damaging a company’s reputation and affecting future contract opportunities. Clients and stakeholders expect professionalism—and that includes a proven commitment to health and safety.
Check out this great video
The importance of a construction phase plan and the implications of not having one when an injury occurs.
A construction phase plan is a necessary document for any construction project, regardless of its size. It is a document that outlines the potential hazards and risks involved in the construction project and sets out measures to manage and control those risks to ensure the safety of all those involved.
Having a construction phase plan helps to ensure that all parties involved in the project are aware of the potential hazards and risks. The plan allows for proper measures to be put in place to mitigate these potential risks, so that everyone remains safe. It helps to keep workers, clients, and members of the public safe, as well as protecting the property and the surrounding area.
Not having a construction phase plan in place can have serious implications if an injury occurs. If an injury occurs as a result of the failure to have a construction phase plan, the responsibility falls on the contractor, and they may face serious consequences. In the UK, the Health and Safety Executive (HSE) has the authority to impose fines and take legal action if a breach of health and safety regulations is identified.
The HSE can fine companies tens of thousands of pounds for failing to have a construction phase plan in place, and the risks of not having one can be much greater. In cases where a worker or homeowner suffers an injury, the HSE can impose significantly higher fines. These fines can be financially devastating for a company and can negatively impact the construction business’ reputation and brand image.
In conclusion, a construction phase plan is critical in ensuring the safety of everyone involved in a construction project. The consequences of not having a construction phase plan can be severe, and companies and individuals must understand the importance of this document. Not having one in place can not only lead to severe financial consequences as a result of HSE fines, but it can also cause serious injuries to workers and homeowners. It is essential to follow the regulations put forth in UK law and to ensure that a construction phase plan is in place for every project.