Posted By steve e ashton Does anyone have knowledge or information who would be willing to share the details of the case heard in January last year where a planning supervisor was apparently charged with two offences under reg 15 of CDM. The case was reported by HSE on the Governement News Network on Friday 22nd December The accused (I won't name names) pled guilty and was fined £7k plus £4.5k costs (which seems a bit harsh to me unless his breaches somehow contributed directly to the fatality). What interests me is how, on what appears to have a been a single project, there could have been two breaches of reg 15 - the duty to ensure a pre-construction plan is prepared. Did HSE investigating the fatality simply go through his work load and pick up on all the defects they could (whether related to the site concerned or not) or was there something special about the job that would have required two pre-construction plans? Any details would be appreciated. Thanks in advance for any info. Steve

Posted By steve e ashton yep, its there, but with less detail than the news release.

Posted By ddraigice The only other thing it could be is the same charge was given to each partner. It would not be the same charge for the same offence and they would not have looked through their worklist for other instances of a paperwork breach that did not result in an accident.

Posted By B J Mann "Chances are they were appointed late" Another of my little bugbears! (see CDM 2007 - CDM Co-ordinator and the Health and Safety http://www.iosh.co.uk/in...um=1&thread=25226&page=1) Perhaps it's just me but most of the Planning Supervisors I deal with are "appointed late"/ after I submit a draft Construction Phase Health & Safety Plan (never having seen any Pre Construction one) to the Project Manager/ months after the job finished when they decide to chase me to produce a Health & Safety File that they have "agreed" should be the Principal Contractor's responsibility. Strangely though most of them seem to be arms of the Project Manager/ QS/ Designer for the project who, presumably, weren't "appointed late"!

Posted By drday100 Dear Steve, Try these links:- http://www.safetynews.co...reaking%20H&S%20laws.htm http://www.safetynews.co...10505/CDM%20breaches.htm http://www.safetynews.co...06/Developer%20fined.htm Hope this helps.

Posted By ddraigice The legal entity in a non-limited company would be the owner(s). If the company is a prtnership then the two owners are jointly responsible and any notice must be issued to both partners for it to be legally valid. In the case of a prosecution, it would, I guess be possible to prosecute both partners but of course it may not be in the interest of justice to prosecute both for the same offence.