Construction law and enforcement
What the domain tests
This domain tests the HASAWA 1974 framework, CDM 2015 and specific construction regulations, plus enforcement powers and consequences. Expect questions on duties, notices, RIDDOR and prosecution.
Core rules
- HASAWA 1974: employer duties to employees under section 2, to others under section 3, employee duties under section 7, no interference with safety provisions under section 8 and consultation under section 9.
- CDM 2015: client, principal designer, principal contractor, designer and contractor duties; F10 notification; construction phase plan; health and safety file.
- Enforcement: HSE or local authority inspectors can enter, inspect, interview, take samples, seize evidence and issue notices.
- Improvement Notice: a breach exists and time is allowed to remedy it. Prohibition Notice: risk of serious personal injury; it can be immediate or deferred.
- RIDDOR: report deaths, specified injuries, dangerous occurrences and over-7-day incapacitation. Reporting is not enforcement.
- Sentencing considers culpability, harm and turnover; Fee for Intervention recovers inspection costs where there is a material breach.
Worked example
An inspector finds workers in an unsupported 3 m excavation with a dumper running beside it. There is a risk of serious personal injury from collapse. The inspector can serve a Prohibition Notice stopping the work immediately, or deferred until a safe system is in place. An Improvement Notice would be inappropriate because it allows time to remedy and does not address imminent risk. The inspector may also require evidence of a competent person inspection and a safe system of work.
Traps that cost marks
Do not confuse improvement and prohibition notices. Do not say RIDDOR is enforcement. Do not use absolute duty for every regulation; some duties are so far as is reasonably practicable.