CDM15 Offences See Managing Director Disqualified

The Managing Director of a small building company has been disqualified from being a company director for three years.  He pleaded guilty to breaching Section 37 of the Health and Safety at Work Act over health and safety offences at a “poor” site in London.

The contractor has also been convicted of offences under the CDM Regulations.

Kewie Doherty was managing director of builder C J Langs, which was undertaking work at the site in Sherborne Gardens in Shepperton, southwest London.

HSE inspectors visited the site following an incident in January 2017.  They found evidence of dangerous work at height, a lack of suitable equipment and untrained operatives working without adequate supervision.  The HSE subsequently found that the company had failed to plan, manage and monitor the work.  As Doherty, was managing director of the business, he was directly responsible for the poor conditions.

C J Langs of Pembroke Lodge, Pembroke Road, Ruislip, pleaded guilty at Westminster Magistrates’ Court to breaching Regulation 15(2) of the Construction (Design and Management) (CDM) Regulations 2015.

Regulation 15(2) says that a contractor must plan, manage and monitor construction work carried out by itself or workers under its control to ensure that, so far as is reasonably practicable, it is carried out without risks to health and safety.

The company was fined £80,000 and ordered to pay costs of £6,000.

Doherty, also pleaded guilty to breaching Section 37(1) of the Health and Safety at Work Act 1974.  This section covers offences linked to the consent of, or neglect by, any director, manager or similar officer.  Doherty was ordered to carry out 150 hours of unpaid community work and to pay costs of £1673.

He was disqualified from being a company director for three years.  HSE inspector Kevin Smith said: “Dutyholders should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

According to the Companies House website, a proposal to strike C J Langs off the register and dissolve the company under the Companies Act 2000 was suspended in November 2017.  A different company, C J Langs Building Solutions, was registered at the same west London address in May 2017. Its director is listed as Quie Doherty, born in May 1999.  The legal minimum age for becoming a director of a business is 16, under the Companies Act 2006.