Construction Client Duties: A Vital Wake-Up Call for the UK Industry

In a significant and sobering case for the construction industry, Moses Meisels received a 12-week suspended prison sentence after serious health and safety failures led to the discovery of a man’s body at a construction site in Hackney, London. This incident highlights the paramount importance of fulfilling legal responsibilities as a construction client, as set out in the Construction (Design and Management) Regulations 2015. In December 2018, the Metropolitan Police found the body of a man at the site of a synagogue development, although the cause of death was determined to be natural. Following the discovery, inspections by the Health and Safety Executive (HSE) revealed alarming safety violations, predominantly concerning measures to prevent falls from height, along with various breaches of good order and safe access. Inspector David King led the investigation and explained that despite multiple warnings regarding safety practices, Meisels continued to disregard essential health and safety standards. His role as a client meant he bore significant responsibility for ensuring that the construction project adhered to legal expectations concerning risk management. During the investigation, numerous hazardous conditions were identified. For instance, inadequate edge protection was evident, which could have resulted in serious injuries from falls. Additionally, there were failures in appointing a principal contractor, documenting construction phase plans, and implementing adequate health and safety practices throughout the project lifecycle. At court, Meisels pleaded guilty to breaching the Construction (Design and Management) Regulations 2015, which unequivocally state the responsibilities of clients in relation to health and safety management. The court acknowledged the high level of culpability in his actions, noting that ignoring employee concerns and allowing safety breaches to persist significantly contributed to the seriousness of the offence. This case serves not only as a compelling reminder of the consequences of failing to comply with health and safety regulations, but also as a call to action for other clients within the construction industry. A client’s influence over a project can determine its safety; it is vital to make suitable arrangements for managing health and safety effectively. Clients should ensure that they appoint competent individuals, maintain necessary documentation, and actively monitor safety practices throughout the project's duration. Moreover, they must cultivate a safety culture that encourages reporting and swift remedial action in response to concerns or breaches. Learning from this case can help mitigate risks and build a safer construction environment. As highlighted by HSE guidance, clients must not only be aware of their duties but also take responsibility for fulfilling them to prevent tragic incidents in the future. For businesses aiming to enhance their safety protocols, it is essential to explore comprehensive health and safety management solutions tailored specifically for construction environments. For the highest standards of compliance and to safeguard your workers, effective planning, resource allocation, and proactive management are paramount. Consider implementing regular training sessions, risk assessments, and empowerment strategies that involve all site personnel in maintaining health and safety expectations. By taking these steps, you contribute to a firm foundation for safe operations and compliance in the ever-demanding construction industry landscape.

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Construction client duties under the Construction (Design and Management) Regulations 2015 (CDM 2015) are not optional, they are legal obligations that can carry severe consequences when ignored. A recent case in Hackney, London, powerfully illustrates the risks of failing to meet these construction client duties and serves as a stark reminder for every client overseeing building projects across the UK.

In December 2018, the Metropolitan Police discovered a man’s body at a synagogue development site. Although the cause of death was natural, subsequent Health and Safety Executive (HSE) inspections uncovered widespread and serious safety breaches. The client, Moses Meisels, received a 12-week suspended prison sentence after pleading guilty to contravening CDM 2015. This outcome highlights how critically important construction client duties truly are.

Why Construction Client Duties Matter More Than Ever

The CDM 2015 regulations place clear responsibilities on clients to ensure projects are carried out safely from start to finish. Clients must make suitable arrangements for managing health and safety, appoint competent duty holders, and maintain proper documentation. Ignoring these construction client duties not only endangers workers but also exposes the client to prosecution, substantial fines, and reputational damage.

In the Hackney case, inspectors found inadequate edge protection, poor site order, and unsafe access routes, all classic examples of preventable risks. Despite repeated warnings, essential safety standards were disregarded, demonstrating a high level of culpability that the court could not overlook.

The 7 Critical Construction Client Duties You Must Follow

To help you stay compliant, here are the seven core construction client duties outlined in CDM 2015:

  1. Make suitable arrangements for managing the project and ensuring health and safety throughout its lifecycle.
  2. Appoint the right people ensure the principal designer and principal contractor are competent and adequately resourced.
  3. Provide pre-construction information to designers and contractors promptly and clearly.
  4. Ensure a construction phase plan is drawn up before work begins on site.
  5. Secure welfare facilities are in place from the very start of the construction phase.
  6. Notify the HSE if the project is scheduled to last longer than 30 working days and have more than 20 workers simultaneously, or exceed 500 person-days.
  7. Monitor and review take reasonable steps to ensure arrangements remain effective and that duty holders fulfil their own responsibilities.

Fulfilling these construction client duties is not just about ticking boxes; it’s about creating a genuine safety culture where concerns are heard and acted upon swiftly.

How to Strengthen Your Construction Health and Safety Compliance

Effective construction health and safety compliance begins with proactive leadership. Clients should:

  • Conduct thorough competence checks before appointing designers and contractors.
  • Insist on regular risk assessments and method statements.
  • Encourage open reporting of hazards without fear of reprisal.
  • Carry out periodic site inspections to verify that standards are maintained.
  • Keep accurate records of decisions, appointments, and information provided.

By embedding these practices, clients not only meet their legal construction client duties but also contribute to safer sites and fewer incidents industry-wide.

Learning from Real Cases to Protect Your Projects

The Hackney synagogue case is a sobering example of what happens when construction client duties are neglected. HSE Inspector David King noted that repeated advice was ignored, allowing dangerous conditions to persist. Such failures can lead to tragic outcomes, even if the immediate incident does not involve injury from the breaches themselves.

Every client should view this as a catalyst for improvement. Robust planning, adequate resource allocation, and ongoing vigilance are essential to prevent similar prosecutions.

Partner with Experts for Peace of Mind

At AL23 Safety, we specialise in helping clients navigate CDM 2015 and achieve outstanding construction health and safety compliance. Our tailored consultancy, training programmes, and compliance audits ensure you meet every aspect of your construction client duties confidently and efficiently.

Don’t leave safety to chance. By prioritising your construction client duties today, you protect workers, avoid costly enforcement action, and build a reputation for responsibility and excellence.

Contact AL23 Safety now to review your current arrangements and strengthen your approach to CDM regulations client obligations. A safer tomorrow starts with decisive action today.

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