Back to basics

An architect - and not the contractor involved - has been fined for health and safety breaches. Neil Vesma, of Tibberton, Gloucestershire, pleaded guilty at Gloucester Magistrates' Court on 25 May to a charge under Regulation 13 of the Construction (Design & Management) Regulations 1994 (CDM). He failed in his duty as a designer by not foreseeing the risks to workers building an extension he designed.

During construction of the extension to a factory in the Forest of Dean back in the winter of 2000, employees of contracting firm Hodsons had been asked to lift blocks weighing 36kg each to build a new wall at the site. Manual handling guidance suggests a maximum weight of 20kg. Bricklayer employees of the firm later complained of severe back pain. Jon Cooper, prosecuting for the HSE, said: "There was no regard for the foreseeable risk to health and safety. Muscular-skeletal injuries are the highest cause of lost working time in the UK."

The court heard that Hodsons boss John Hodson and his QS had chosen the heavier 'dense' blocks rather than the lighter blocks that Vesma had intended in the design. In mitigation, Vesma's solicitor said that the design had not specified the weight of blocks to be used. However, Vesma now accepted that the use of lighter blocks should have been clearly stipulated in his design.

The HSE was sure where the responsibility in this case lies. "Vesma tried to blame the construction company, but every construction project starts with a design," said Stephen Frain, the HSE inspector who investigated the case. "The designer is the first person in the chain." Vesma was fined £500 and ordered to pay £1000 costs - not the full costs of £13,780 asked for by the HSE. In an unusual step, Vesma was also ordered under section 42 of the Health and Safety at Work Act to undertake an HSE planning supervisor course to increase his awareness of health and safety issues in design.

This ties in with recent initiatives. The HSE has recently increased its focus on designers in the construction industry, as part of its crackdown on accidents involving falls from height. "Designers need to ensure they have adequate training to understand their health and safety duties," Frain said. "We are concerned that the continuing professional development (CPD) that designers do may not be good enough."

He tried to blame the contractor, but every project starts with a design

Stephen Frain, HSE

Frain added that it was the first time in his career he had seen a court order an individual to undergo training. "What is important is the message the design industry gets from this case. Designers must make sure they are properly trained."

Despite the Vesma case, designers in the construction industry are demonstrating an improved understanding of their legal duties under the CDM regs, claims the HSE. During April 2004 HSE construction inspectors met designers and planning supervisors at 122 sites across Scotland and the North of England. The meetings focused on falls from height, which continue to account for around 40% of deaths on construction sites in the UK.

The results were positive. Awareness and good practice are on the increase, as inspectors found that 60% of those visited were judged to have adequate or good knowledge of their legal duties. Nearly 62% of designers had succeeded in minimising the risks associated with work at height during construction and maintenance.