Gordons construction health & safety update - Government responds to Donaghy report into construction deaths

The Government’s long-awaited response to the Donaghy Report has at last been issued.  The Government commissioned report was published in July 2009 following an inquiry into the underlying causes of fatalities in the construction industry, chaired by Rita Donaghy. The Report, entitled ‘One Death is Too Many’, made 28 recommendations for improving safety in the industry, including the introduction of statutory directors' duties which would make company bosses directly responsible if a worker was killed as a result of safety breaches, and encouraging more joint working with trade unions.

In its response, published on 30 March 2010, the Government accepts 23 of the 28 recommendations including support of Common Minimum Standards throughout publicly funded construction projects; mutual recognition between pre-qualification schemes; and support for greater worker participation.

However, the more significant recommendations were rejected. The introduction of a dedicated Construction Minister was considered unnecessary by the Government. It said the construction minister brief was better off alongside a broader portfolio, as “addressing issues as part of a cross-sectoral portfolio… can potentially bring wider benefits to construction.”

Another key recommendation was for the extension of building regulations, so that health and safety processes could be included when considering building control applications or building warrants. This was also rejected on the grounds that there are “limits to what can be delivered through building regulations”.

Finally, the controversial but widely supported recommendation to extend the Gangmasters Licensing Act to cover construction was sidestepped.  In its response the government stated that “robust protections” for workers were already in place and that it had already launched a programme of work to ensure vulnerable workers got more protection.  However, it would be looking further into the issue to consider whether applying aspects of a licensing regime to parts of the industry would better protect vulnerable workers.

If you would like to speak to anyone regarding issues addressed in this article please contact Lyndsay Bailey.

Published: 17th June 2010

Lyndsay Bailey

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