A recent judgment by Mr Justice Sanfey examined the role of the Project Supervisor on a construction site and clarified the extent of a contractor’s duties under the Safety, Health and Welfare at Work (Construction) Regulations 2013.
Duty of the Project Supervisor in Construction Site Safety
The Court accepted the Defendant’s argument that a contractor or Project Supervisor is not under an absolute duty to ensure a construction site is completely safe and free from risk of injury.
Article 30 of the 2013 Regulations explicitly states that this duty applies “so far as is reasonably practicable”, providing flexibility while maintaining a high standard of safety oversight.
Findings on Liability
In this case:
- The safety statement prepared by the Defendant was found to be deficient, establishing primary liability with the Defendant.
- The Plaintiff was found to have contributed to the incident through contributory negligence, by adopting a method of work that was inherently unsafe.
This judgment highlights the balance between contractor responsibilities and the practical limitations of maintaining safety on construction sites.
Warnings for Contractors and Project Supervisors
- Reasonable Practicability: When considering Construciton Site Safety, contractors must ensure safety measures are implemented to a reasonable standard, considering cost, time, and practicality.
- Safety Statements Matter: A deficient safety statement can expose contractors to primary liability.
- Contributory Negligence: Workers or supervisors adopting unsafe methods may reduce the recoverable damages in a claim.
- Compliance: Adhering to the 2013 Regulations is crucial to mitigate liability.
This judgment serves as a reminder for Project Supervisors, contractors, and construction firms that while safety obligations are high, they are measured against what is reasonably practicable. Proper planning, effective safety statements, and safe work practices remain critical to protecting both employees and employers.
