14th November, 2023
191 CDM 2015 Prosecutions (Breaches, Fines And Prison Time)
There have been 191 prosecutions under CDM since the latest version came into force in 2015. There have now been over £16m in fines, and 2022 saw the largest fine to date under CDM 2015 (£900,000). Let's look at - and learn from - the HSE data.
This post was first published in 2019 and has been updated with the latest convictions data from the HSE.
There have been 191 prosecutions under CDM since the latest version of the regulations came into force in 2015. In this post, we will look at all of the convictions under CDM 2015 since this latest version of CDM was introduced nearly 10 years ago.
The Construction (Design and Management) Regulations, often referred to as the CDM regulations, have been around for some time. However, it looks as though the HSE are becoming much more active in taking action against businesses found to be in breach of the regulations.
There were 305 prosecutions under the previous CDM 2007 version, with the largest fine being £1.5m in a 2016 prosection.
While that's more prosecutions overall compared to CDM 2015, prosecutions under the 2015 version only really started hitting the courts in 2016 as cases take time to prepare.
We could only find 8 prosecutions under CDM 1994, which as far as trends go, certainly shows that there has been a big increase in action taken by the HSE in more recent years. The fines were also smaller, the biggest being £16,000. It should also be noted that CDM covers more now than it did then.
The number of convictions under CDM 2015 has more than doubled (from 95 to 191) since we last looked at the data in 2019. More surprising is that the fines have nearly tripled (from £6.7 to £16.3) - meaning that the average fine is larger per conviction.
What can we learn about CDM from the recent prosecutions? What punishments have been given, what breaches are most common, and how can you avoid the same mistakes?
Prison Time
In 2018, a Manchester-based property developer was sentenced to 8 months in prison for breaches under CDM. The primary breach was under part 4 of the regulations for the stability of structures. This was a serious case, involving the uncontrolled partial collapse of a structure (although no one was hurt due to the closure of the unsafe site by the HSE).
19.—(1) All practicable steps must be taken, where necessary to prevent danger to any person, to ensure that any new or existing structure does not collapse if, due to the carrying out of construction work, it—
- may become unstable; or
- is in a temporary state of weakness or instability.
2018 also saw the handing out of a suspended sentence and 2 cases resulting in community services for breaches under CDM 2015.
In 2022, a suspended prison sentence (plus a £100,000 fine for the company) was issued to a company directory for CDM breaches that resulted in the death of a subcontractor.
Similarly to the previous CDM breach involving a prison sentence, the 2022 conviction involved demolition work and structural collapse.
Fines
The vast majority of CDM 2015 prosecutions result in fines. They can range from a few thousand to hundreds of thousands of pounds. Breaches under CDM average at over £80,000 and go up to £900,000 - so significant penalties can be expected for major breaches.
Biggest Fine = £900,000
The largest fine under CDM 2015 is £900,000, issued in April 2022. The case involved a worker striking a live underground cable with an excavator.
The company involved breached CDM regulation 13. This relates to the principal contractor's duty to plan, manage and monitor the construction phase, and carry out work without risk to health and safety.
⬆️ This is an increase of over £100,000 from the previous largest fine of £800,000 in January 2018. The company involved in the 2018 case also breached regulation 13 (principal contractor duties).
2021 also saw two massive fines under CDM of £750,000 and £700,000 - showing that larger fines are not that rare.
The total fine in the 2022 case was over £1m, as the subcontractor involved was also fined £180,000 (the extra fine was under the Health and Safety at Work Act so we didn't include that in our stats).
The total fine in the 2018 case was actually £1.1m, as the subcontractor involved was also fined (the extra fine was under the Work at Height Regulations so we didn't include that in our stats).
Average Fine = £85,471
The average fine resulting from prosecutions under CDM 2015 is a whopping £85,471.79
⬆️ This is an increase of over 20% from £71,150 in our 2019 report.
Total Fines = £16.3m
Since the first prosecution under CDM 2015 in August 2015, there have been 174 fines issued totalling £16,325,110.98.
Breaches
So what can we learn, other than failing to comply with CDM can result in mega-fines and prison time?
When prosecuting under CDM, the HSE specify the particular part of the regulation that has been breached. This gives us an idea of what part of the regulations people (and businesses) are failing to comply with.
The following breakdown shows where the majority of CDM 2015 breaches occurred.
- Regulation 4 (12 Breaches) Client Duties
- Regulation 6 (2 Breaches) Notification
- Regulation 8 (1 Breach) General Duties
- Regulation 11 (1 Breach) Principal Designer Duties
- Regulation 12 (1 Breach) Construction Phase Plan and Health & Safety File
- Regulation 13 (72 Breaches) Principal Contractor Duties
- Regulation 15 (48 Breaches) Contractor Duties
- Regulation 16 (5 Breaches) Part 4
- Regulation 17 (2 Breaches) Safe Places of Work
- Regulation 18 (3 Breaches) Good Order and Site Security
- Regulation 19 (17 Breaches) Stability of Structures
- Regulation 20 (4 Breaches) Demolition
- Regulation 22 (8 Breaches) Excavations
- Regulation 25 (3 Breaches) Energy Distribution
- Regulation 27 (6 Breaches) Traffic Routes
- Regulation 28 (1 Breach) Vehicles
- Regulation 29 (5 Breaches) Fire, Flooding or Asphyxiation
Most of the breaches (over 50%) have been by principal contractors and contractors failing to comply with their CDM duties. The majority of the defendants in these cases were contractors and sub-contractors.
There have also been a high number of convictions under CDM involving the stability of structures (>8%).
There are also a significant amount (>5%) of prosecutions under Regulation 4 (Client Duties). This shows the importance of clients understanding what they need to do under CDM, and making sure they do it.
If you need help with your CDM duties, you can use our free CDM duty holder guides.
Data
The 191 prosecutions used for the data in this blog post are listed on the HSE convictions register and the HSE convictions history register (see data below for a summary).
Some defendants were prosecuted for multiple breaches, each breach is listed as its own case in the HSE data.
| Case | Date | Result | Amount | Breach |
|---|---|---|---|---|
| 47374560/01 | 21/07/2023 | Fine | £12,000.00 | 13 |
| 47353740/01 | 22/06/2023 | Fine | £80,000.00 | 15 |
| 47354600/01 | 22/06/2023 | Fine | £53,000.00 | 13 |
| 47365670/01 | 24/05/2023 | Fine | £1,600.00 | 15 |
| 47444710/01 | 24/05/2023 | Fine | £200.00 | 15 |
| 46658110/01 | 17/04/2023 | Fine | £1,000.00 | 13 |
| 46658150/01 | 17/04/2023 | Fine | £12,000.00 | 15 |
| 47460420/01 | 21/03/2023 | Community | £0.00 | 19 |
| 47460420/02 | 21/02/2023 | Community | £0.00 | 20 |
| 46998220/01 | 10/02/2023 | Fine | £320,000.00 | 13 |
| 47362070/01 | 19/01/2023 | Fine | £146,000.00 | 27 |
| 46359250/01 | 12/01/2023 | Fine | £0.00 | 13 |
| 45973620/01 | 11/01/2023 | Fine | £7,500.00 | 15 |
| 47295220/01 | 21/12/2022 | Fine | £66,667.00 | 13 |
| 47388150/01 | 15/12/2022 | Prison Suspended | £0.00 | 13 |
| 47388170/01 | 15/12/2022 | Fine | £100,000.00 | 4 |
| 46252890/01 | 14/11/2022 | Fine | £96,000.00 | 13 |
| 47415850/01 | 31/10/2022 | Fine | £116,666.00 | 13 |
| 47226180/01 | 10/10/2022 | Fine | £10,000.00 | 15 |
| 45537240/01 | 15/09/2022 | Fine | £32,000.00 | 27 |
| 45537260/02 | 15/09/2022 | Fine | £8,000.00 | 13 |
| 47166020/01 | 31/08/2022 | Fine | £8,000.00 | 13 |
| 45786420/02 | 04/08/2022 | Fine | £300,000.00 | 13 |
| 46819960/01 | 27/07/2022 | Fine | £300,000.00 | 8 |
| 46763610/02 | 06/07/2022 | No Sep Penalty | £0.00 | 19 |
| 47215490/01 | 06/07/2022 | Fine | £40,000.00 | 19 |
| 47104970/01 | 14/04/2022 | Fine | £30,000.00 | 13 |
| 47104970/02 | 14/04/2022 | No Sep Penalty | £0.00 | 19 |
| 46824790/01 | 06/04/2022 | Fine | £900,000.00 | 13 |
| 46855490/01 | 23/02/2022 | Fine | £40,000.00 | 16 |
| 46917170/02 | 26/01/2022 | Fine | £1,000.00 | 13 |
| 44912420/02 | 18/01/2022 | Fine | £3,333.00 | 29 |
| 44912420/03 | 18/01/2022 | Fine | £3,333.00 | 13 |
| 44912420/04 | 18/01/2022 | Fine | £2,000.00 | 27 |
| 44912420/05 | 18/01/2022 | Fine | £2,666.00 | 13 |
| 44912420/06 | 18/01/2022 | Fine | £12,000.00 | 13 |
| 44912420/07 | 18/01/2022 | Fine | £2,000.00 | 18 |
| 46500900/01 | 21/12/2021 | Fine | £750,000.00 | 15 |
| 46500930/01 | 21/12/2021 | Fine | £200,000.00 | 15 |
| 46351330/01 | 20/12/2021 | Fine | £184,800.00 | 15 |
| 46786610/01 | 02/12/2021 | Fine | £38,500.00 | 13 |
| 46360340/01 | 20/09/2021 | Fine | £200,000.00 | 13 |
| 45219530/01 | 08/06/2021 | Fine | £700,000.00 | 15 |
| 46330160/01 | 24/05/2021 | Fine | £12,000.00 | 22 |
| 45973410/01 | 14/05/2021 | Fine | £350,000.00 | 13 |
| 45973420/01 | 14/05/2021 | Fine | £14,000.00 | 15 |
| 46660100/01 | 12/05/2021 | Fine | £600.00 | 20 |
| 46210880/02 | 09/04/2021 | Fine | £75,000.00 | 13 |
| 45698290/02 | 08/04/2021 | Fine | £10,000.00 | 4 |
| 45698290/03 | 08/04/2021 | Fine | £10,000.00 | 4 |
| 45742380/01 | 28/03/2021 | Fine | £35,000.00 | 13 |
| 46303530/01 | 17/03/2021 | Fine | £38,000.00 | 13 |
| 46303650/01 | 17/03/2021 | Fine | £8,000.00 | 15 |
| 46638160/01 | 15/02/2021 | Fine | £14,000.00 | 13 |
| 46337930/01 | 27/01/2021 | Fine | £15,000.00 | 19 |
| 45905810/03 | 14/12/2020 | Fine | £166,000.00 | 15 |
| 46307160/01 | 26/11/2020 | Fine | £100,000.00 | 19 |
| 46307160/02 | 26/11/2020 | No Sep Penalty | £0.00 | 19 |
| 46230510/01 | 23/10/2020 | Fine | £400,000.00 | 13 |
| 46318990/01 | 23/10/2020 | Fine | £20,000.00 | 13 |
| 45802470/01 | 06/10/2020 | No Sep Penalty | £0.00 | 19 |
| 45802470/02 | 06/10/2020 | Fine | £40,000.00 | 19 |
| 45802470/03 | 06/10/2020 | No Sep Penalty | £0.00 | 19 |
| 45913090/01 | 27/08/2020 | Fine | £12,004.42 | 13 |
| 45685620/01 | 11/05/2020 | Fine | £1,000.00 | 13 |
| 46223640/01 | 26/02/2020 | Fine | £23,540.00 | 25 |
| 46013100/02 | 19/02/2020 | Fine | £106,667.00 | 13 |
| 46227090/01 | 10/02/2020 | Fine | £18,000.00 | 13 |
| 46027450/01 | 05/02/2020 | Fine | £40,675.38 | 15 |
| 46048670/01 | 05/02/2020 | Fine | £40,648.18 | 15 |
| 46194980/01 | 29/01/2020 | Fine | £100,000.00 | 16 |
| 45368430/01 | 20/01/2020 | Fine | £36,000.00 | 15 |
| 45087490/01 | 14/01/2020 | Fine | £12,000.00 | 15 |
| 45436380/02 | 08/01/2020 | Fine | £400,000.00 | 13 |
| 46074750/01 | 12/12/2019 | Fine | £240,000.00 | 15 |
| 45436380/01 | 04/12/2019 | Deferred | £0.00 | 13 |
| 46152720/01 | 20/11/2019 | Fine | £30,000.00 | 15 |
| 46025110/01 | 11/11/2019 | Fine | £32,400.00 | 16 |
| 45958940/02 | 30/10/2019 | Fine | £20,000.00 | 19 |
| 45458720/01 | 06/09/2019 | Fine | £225,000.00 | 13 |
| 45904480/01 | 05/09/2019 | Fine | £53,000.00 | 15 |
| 45923560/01 | 07/08/2019 | Fine | £35,000.00 | 13 |
| 45947010/01 | 16/07/2019 | Fine | £4,000.00 | 13 |
| 45766560/01 | 05/07/2019 | Fine | £10,000.00 | 29 |
| 45929890/01 | 02/07/2019 | Fine | £3,000.00 | 20 |
| 44923530/02 | 11/06/2019 | Fine | £0.00 | 12 |
| 45876630/01 | 05/06/2019 | Fine | £20,000.00 | 19 |
| 45886240/01 | 05/06/2019 | Fine | £160,000.00 | 15 |
| 45841000/01 | 30/05/2019 | Fine | £20,000.00 | 15 |
| 45546030/03 | 29/05/2019 | Fine | £170,000.00 | 4 |
| 45167340/01 | 24/05/2019 | Fine | £7,500.00 | 15 |
| 45167340/02 | 24/05/2019 | Fine | £7,500.00 | 15 |
| 45388850/01 | 16/05/2019 | Fine | £60,000.00 | 15 |
| 45777970/01 | 08/04/2019 | Fine | £16,500.00 | 13 |
| 45848110/01 | 26/03/2019 | Fine | £9,400.00 | 13 |
| 44967960/01 | 07/03/2019 | Fine | £334,000.00 | 25 |
| 45145170/01 | 25/02/2019 | Fine | £600,000.00 | 13 |
| 45382600/01 | 15/02/2019 | Fine | £500,000.00 | 13 |
| 45774270/01 | 11/02/2019 | Fine | £24,000.00 | 19 |
| 45512390/02 | 31/01/2019 | Fine | £600,000.00 | 27 |
| 45603850/01 | 16/01/2019 | Fine | £28,000.00 | 13 |
| 45324080/05 | 09/01/2019 | Other | £20,000.00 | 13 |
| 44992100/01 | 19/12/2018 | Fine | £12,000.00 | 15 |
| 44992170/02 | 19/12/2018 | No Sep Penalty | £0.00 | 13 |
| 45770740/01 | 14/12/2018 | Fine | £1,300.00 | 15 |
| 44886880/01 | 03/12/2018 | Fine | £130,000.00 | 13 |
| 44886920/01 | 03/12/2018 | Fine | £50,000.00 | 15 |
| 45604850/01 | 19/11/2018 | Fine | £5,280.00 | 13 |
| 45453740/02 | 07/11/2018 | Fine | £15,000.00 | 15 |
| 45449370/01 | 10/10/2018 | Fine | £200,000.00 | 13 |
| 45210360/01 | 04/10/2018 | Fine | £25,000.00 | 15 |
| 45527680/02 | 29/08/2018 | Fine | £80,000.00 | 15 |
| 44051590/01 | 24/07/2018 | Fine | £22,000.00 | 4 |
| 44051590/02 | 24/07/2018 | No Sep Penalty | £0.00 | 6 |
| 44051590/03 | 24/07/2018 | No Sep Penalty | £0.00 | 6 |
| 44051590/04 | 24/07/2018 | Fine | £540,000.00 | 4 |
| 44993150/01 | 11/07/2018 | Fine | £270,000.00 | 15 |
| 44993170/01 | 11/07/2018 | Fine | £270,000.00 | 13 |
| 44920790/01 | 02/07/2018 | Fine | £20,000.00 | 4 |
| 44920790/02 | 02/07/2018 | Fine | £0.00 | 4 |
| 45659530/02 | 06/06/2018 | Fine | £2,000.00 | 22 |
| 45424960/01 | 23/05/2018 | Fine | £20,000.00 | 19 |
| 45186580/01 | 22/05/2018 | Fine | £10,000.00 | 11 |
| 45315000/01 | 10/05/2018 | Other | £0.00 | 22 |
| 44412990/04 | 30/04/2018 | Fine | £5,000.00 | 20 |
| 44412990/05 | 30/04/2018 | Fine | £15,000.00 | 15 |
| 44413040/01 | 30/04/2018 | Fine | £3,000.00 | 13 |
| 44413040/02 | 30/04/2018 | Fine | £3,000.00 | 13 |
| 44413080/01 | 30/04/2018 | Fine | £2,500.00 | 4 |
| 44413080/02 | 30/04/2018 | Fine | £2,000.00 | 4 |
| 44991730/01 | 30/04/2018 | Fine | £30,666.00 | 13 |
| 45527680/01 | 23/04/2018 | Fine | £80,000.00 | 15 |
| 45438120/02 | 04/04/2018 | Fine | £8,000.00 | 15 |
| 45340660/02 | 22/03/2018 | Fine | £4,600.00 | 28 |
| 45340660/05 | 22/03/2018 | Fine | £4,600.00 | 15 |
| 44855890/01 | 08/03/2018 | Fine | £26,000.00 | 15 |
| 44855950/01 | 08/03/2018 | Fine | £31,500.00 | 13 |
| 45244490/01 | 07/03/2018 | Fine | £50,000.00 | 13 |
| 44810450/01 | 13/02/2018 | Fine | £500,000.00 | 27 |
| 45121220/01 | 31/01/2018 | Fine | £45,000.00 | 13 |
| 44847970/01 | 18/01/2018 | Fine | £18,120.00 | 19 |
| 44613260/01 | 04/01/2018 | Fine | £800,000.00 | 13 |
| 44979240/01 | 13/12/2017 | Fine | £40,000.00 | 13 |
| 45133570/01 | 09/11/2017 | Fine | £25,000.00 | 13 |
| 44902520/01 | 26/10/2017 | Fine | £10,000.00 | 15 |
| 44902520/02 | 26/10/2017 | Fine | £10,000.00 | 13 |
| 44527110/01 | 09/10/2017 | Fine | £25,000.00 | 15 |
| 44832930/02 | 28/09/2017 | Fine | £50,000.00 | 13 |
| 44832930/03 | 28/09/2017 | Fine | £50,000.00 | 13 |
| 45017970/01 | 19/09/2017 | Fine | £50,000.00 | 15 |
| 44959720/01 | 24/08/2017 | Fine | £145,000.00 | 13 |
| 44992340/01 | 24/08/2017 | Fine | £113,000.00 | 15 |
| 44980230/03 | 07/07/2017 | Fine | £600.00 | 15 |
| 44886660/02 | 28/06/2017 | Fine | £13,170.00 | 13 |
| 44996240/01 | 21/06/2017 | Fine | £27,000.00 | 19 |
| 44927890/01 | 15/06/2017 | Fine | £44,445.00 | 15 |
| 44779360/01 | 14/06/2017 | Fine | £1,800.00 | 4 |
| 44399710/01 | 13/06/2017 | Fine | £180,000.00 | 15 |
| 44427240/02 | 12/06/2017 | Fine | £10,000.00 | 4 |
| 44880280/02 | 23/05/2017 | Other | £0.00 | 18 |
| 44532140/01 | 17/05/2017 | Fine | £325,000.00 | 22 |
| 44915880/01 | 09/05/2017 | Fine | £110,000.00 | 15 |
| 44933340/01 | 06/04/2017 | Fine | £13,330.00 | 16 |
| 44868240/01 | 24/03/2017 | Fine | £112,000.00 | 13 |
| 44763080/01 | 23/03/2017 | Fine | £52,000.00 | 13 |
| 44682550/01 | 21/03/2017 | Fine | £145,000.00 | 13 |
| 44605430/01 | 08/03/2017 | Fine | £600,000.00 | 25 |
| 44848060/01 | 01/03/2017 | Fine | £3,000.00 | 16 |
| 44848060/02 | 01/03/2017 | Fine | £3,000.00 | 17 |
| 44537200/03 | 07/02/2017 | Fine | £100,000.00 | 15 |
| 44449600/01 | 27/01/2017 | Fine | £50,000.00 | 22 |
| 44694720/01 | 09/12/2016 | Fine | £24,000.00 | 13 |
| 44694750/01 | 09/12/2016 | Fine | £20,000.00 | 15 |
| 44483370/01 | 24/11/2016 | Fine | £70,000.00 | 13 |
| 44757490/01 | 09/11/2016 | Fine | £5,000.00 | 22 |
| 44549600/01 | 10/10/2016 | Fine | £50,000.00 | 19 |
| 44623660/02 | 06/10/2016 | Fine | £20,000.00 | 13 |
| 44202350/01 | 19/09/2016 | Fine | £25,000.00 | 22 |
| 44527390/02 | 11/08/2016 | Fine | £8,000.00 | 15 |
| 44434870/01 | 05/08/2016 | Fine | £60,000.00 | 29 |
| 44434870/03 | 05/08/2016 | Fine | £40,000.00 | 27 |
| 44556130/01 | 11/07/2016 | Fine | £50,000.00 | 13 |
| 44445910/02 | 24/06/2016 | Fine | £71,500.00 | 13 |
| 44447580/01 | 09/06/2016 | Fine | £50,000.00 | 13 |
| 44429350/01 | 28/04/2016 | Fine | £6,000.00 | 13 |
| 44464340/01 | 13/04/2016 | Fine | £20,000.00 | 22 |
| 44464340/02 | 13/04/2016 | Fine | £20,000.00 | 17 |
| 44385720/01 | 14/03/2016 | Fine | £50,000.00 | 13 |
| 44316680/01 | 23/12/2015 | Fine | £4,000.00 | 29 |
| 44316680/02 | 23/12/2015 | Fine | £4,000.00 | 29 |
| 44057080/02 | 20/08/2015 | Fine | £10,000.00 | 18 |
This article was written by Emma at HASpod. Emma has over 10 years experience in health and safety and BSc (Hons) Construction Management. She is NEBOSH qualified and Tech IOSH.
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