Hi pip

My opinion!

All words in italics below are defined terms in either CDM or the Health and Safety at Work etc Act 1974.

The principles set out in Reg 22 apply but unless there is a "structure" it will not be "construction work" within the meaning of CDM 2015.

Here's what those doing the work said a couple of decades back:

iccm_MM Policy Final 08 2019.pdf (iccm-uk.com)

If an authority is to use a contractor for this work they will have to firstly ensure that the contractor is not engaged on inspection works only, as they may be identifying dangerous memorials that the authority is not equipped to make safe. The contractor must supply the burial authority with risk assessments and safe methods of working and the authority must consider whether the Construction (Design and Management) Regulations 1994 (CDM Regs.) apply. Advice from the HSE is that these regulations will not normally apply to inspection, erecting or dismantling of memorials other than those of sufficient size to fall within the definition of a structure in the Regulations, in which case further guidance will be required.

Whilst there have been some minor amendments in the definition of "construction work" across the three iterations of CDM, these are not such as to invalidate the basic conclusions of this text.

So, build or maintain a mausoleum then you have a "structure". Digging a typical grave not, even if it comes with a small monument which would not be considered to be a "building".

I would be VERY surprised if a Court would come to a different conclusion.

So, assuming that the grave is dug by one or more persons "at work", then HSWA sets out the legal framework.