Catering premises were being refurbished and the Client had specified a particular type of decorative floor tile to be laid in the kitchen area. The Flooring Contractor advised the Client that the tile specified was unsuitable for a commercial kitchen area and recommended an alternative, more slip-resistant type of tile. The Contractor could not persuade the Client to change the flooring specification in light of this information. The Contractor was unwilling to lay a floor he knew to pose a risk of slipping and falling in a potentially hazardous environment and ended the contract.
The Contractor then contacted the local Environmental Health Department (Health and Safety), to report the Client’s intentions, asking if they could require the Client to provide a safer floor for the kitchen. The LA Health and Safety Enforcement Officer advised the Client of the risks associated with types of floor covering and his legal obligations for the safety of persons in the workplace and took action to ensure that the problem was resolved.
The Client has a major influence over the way a project is run and under CDM 2007 has a duty to ensure that there are arrangements in place to ensure that the finished premises will comply with the Workplace (Health Safety & Welfare) Regulations 1992, in respect of the design and materials used.
In the case study, by specifying an element of the design, the Client takes on the role of Designer and must comply with the designer’s duties under Regulation 11 (i.e. the design shall avoid foreseeable risks to health and safety; the designer shall eliminate hazards which give may give rise to risks).
Under CDM 2007, LA H&S Enforcement Officers may choose to enforce design issues retrospectively and also to address them proactively, with Clients where the main activity carried on falls within Schedule 1 of the Health and Safety (Enforcing Authority) Regulations 1998 (i.e. LA-enforced, such as catering).