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#1 Posted : 18 November 2021 14:23:46(UTC)
Rank: Forum user

Hello All,

I’m putting together a CDM presentation for our internal Project Managers and Quantity Surveyor’s  and thought it would be good to use some specific prosecutions of QS & PM’s but these are quite elusive.

 If anyone has any examples, then I would be grateful if you could let me know.

Thanks in advance


peter gotch  
#2 Posted : 18 November 2021 15:43:49(UTC)
Rank: Super forum user
peter gotch

Hi Steve

In the 25+ years since CDM 1994 came into force there are have been very few prosecutions of clients and their design teams (inclusive of designers, planning supervisors [CDM 1994], CDM co-ordinators [CDM 2007] and principal designers).

This is illustrated on the HSE prosecutions database where you can do an "advanced search" for BREACHES (rather than the default CASES) then by CDM and the relevant regulation numbers. You need to look both at the current database that takes you back one year and the historic database that goes back 10 years.

What is more difficult to identify is the number of cases taken against clients and their design teams under other legislation including in particular the Health and Safety at Work etc Act 1974 as it is difficult to extract sufficient information from the database - in most cases the narrative of WHY a case was taken is missing.

Here's a summary of the figures for CDM 2015 downloaded early March 2020 (noting that it takes HSE about 9 weeks for convictions to be entered on the HSE database)

CDM 2015 – 120 convictions (latest record 4/12/2019)

Reg No


Number of charges

Reg 4

Client duties

9 charges

Reg 5

Client appointment of PD and/or PC


Reg 6

Notification (client duty)

2 charges

Reg 7

Domestic clients


Total number of client convictions under CDM 2015


Reg 8

General duties


Reg 9

Designer duties


Reg 10

Design done outside GB


Reg 11

Principal Designer in the Pre Construction Phase

1 charge

Total number of Designer or PD convictions under CDM 2015


Reg 12

PC duty in relation to Construction Phase Plan


Reg 13

PC duties during the Construction Phase

40 charges

Reg 14

PC duty to consult and engage with workers


Reg 15

Duties of Contractors

34 charges

Total number of cases against PCs and Contractors under general duties


Regs 16-35 inclusive

Contractor duties under Part 4 of CDM 2015

33 charges

Total number of PC and Contractor convictions under CDM 2015


Total number of charges


Total number of defendants


Percentage of CDM 2015 charges against clients, designers and PDs


At the time of my research there were still cases dealing with CDM 2007 (and even 1994). Once I had dealt with some clear data entry errors I concluded that 300 convictions had been obtained against 133 defendants, with a somewhat higher proportion of the charges (18.7%) involving clients and their design teams (though skewed 3:1 against clients rather than design teams). 

...but in terms of PMs and QS who would be mostly likely to be prosecuted under CDM as designer or as planning supervisor/CDM co-ordinator just 14 in total, so about 3 a year.

Reg 11

Designer duties

4 charges

Reg 20

Duties of CDM Co-ordinator (or Planning Supervisor -1 charge)

4 charges

Reg 21

Notification of project by CDMC

6 charges

Total number of Designer or CDMC convictions under CDM 2007


Moral of the story - don't try to persuade your audience via threat of CDM prosecution!!

Difficult enough to persuade PMs and QSs that they might be covered by CDM whatsoever, extremely unlikely that they might find themselves in Court for alleged breach of anything in CDM.

EDIT!! Table looks fine in draft but doesn't show once posted, so you have to read the headings and then work out what I typed! SECOND EDIT - tried to make understanding the two tables easier.

Edited by user 18 November 2021 15:51:26(UTC)  | Reason: Major problem with formatting that I cannot easily resolve.

#3 Posted : 18 November 2021 16:32:32(UTC)
Rank: Super forum user

I just searched this:


A list appeared of accidents leading to prosecution. a table of recent months/prosecutions on the right accesses different months.

Reason I did this is prosecutions usually occur following serious injury due to accidents.

Ian Bell2  
#4 Posted : 19 November 2021 09:01:50(UTC)
Rank: Super forum user
Ian Bell2


So basically, the IOSH website is out of date, in terms of software and usability if it won't accept tabless and similar document/reply formats.

Any chance of a forum upgrade......its all very 1990's on here

thanks 1 user thanked Ian Bell2 for this useful post.
NeilSL on 19/11/2021(UTC)
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