Health & Safety

The nature of construction means that health and safety is a recurring theme. Recent changes to the law in this area mean that employers face increasing responsibilities and ever more rigorous standards.

At Fladgate we help construction companies to understand their liabilities through targeted workshops for senior executives and advice on compliance with health and safety law.

Health and safety issues do still arise, however, our construction team provides expert support to clients when problems occur, particularly in relation to HSE prosecutions.

Gillian Birkby, a senior member of the Construction Group, is well known as an expert in the CDM Regulations. She is former chair of the Construction Industry Council health and safety panel. Through her work on the CDM Regulations, and the in-house workshops she has conducted for HSE inspectors on contractual issues, Gillian has developed a detailed understanding of how the HSE operates and its approach to the various interventions it makes, from advice to prosecutions. Gillian frequently lectures and runs workshops on CDM issues.

For many years Fladgate has also run the advice line of the Association for Project Safety on the interpretation of the CDM regulations.

Where clients are the subject of an HSE investigation we can provide advice and, if necessary, represent them in an HSE prosecution.

If you have any questions or queries please call Alan on +44 (0)20 3036 7277 or email

A wide practice particularly active in waste-to-energy projects, property development for retail, hotels and student accommodation, and construction-related health and safety issues.

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  • Construction projects – advising on Health and Safety issues arising in the course of construction projects.
  • HSE prosecution – defending a client in an HSE prosecution arising out of a fatal accident at a large processing plant site.
  • CDM 2015 regulations – advising extensively on the application of CDM 2015 in a variety of circumstances.
  • Compliance – advising on compliance with Health and Safety law and potential HSE prosecutions.
  • Workshops – leading in house workshops for senior executives on their Health and Safety liabilities, drawing on their knowledge and experience of the sector in which they work.
  • HSE prosecution – defending a firm in an HSE prosecution following injury sustained by an employee whose work involved the use of cutting machinery.
  • HSE investigation – defending an established firm of chartered surveyors facing an HSE investigation into faulty lifts at a commercial premises.
  • HSE prosecution – advising a substantial house building company in relation an investigation by the HSE.
  • Health & Safety procedures – assisting a company in reviewing its Health and Safety procedures and redrafting sections of their manual.
  • Health & Safety breaches – advising one of the UK’s leading contractors within the construction industry regarding Health and Safety breaches.