With the new CDM Regulations in force from 6 April, the conviction two weeks later of three companies and two individuals under the old CDM Regulations (of 1994) served to highlight the likelihood that although prosecutions for breaches of the old CDM Regulations have been relatively few, with their rebranding and consolidation with the Construction Regulations, enforcement activity at least in the short term is likely to rise.

Darren Brownbill, a 28 year old scaffolder from Warrington, died in June 2003 when he fell through a fragile roof light while working on a warehouse extension in Preston. Despite detailed planning having been carried out, neither Mr Brownbill’s employer (a scaffolding company), the principal contractor, the client (Unichem plc), the project designer nor the planning supervisor had realised that someone could fall through the warehouse roof. They were all prosecuted and pleaded guilty to breaches of HASWA and the CDM Regulations 1994, the fine totalling £68,000.