Mace and Jones warns that new regulations will radically change way HSE decides who is responsible for safe procurement and management of building projects - and for accidents.

Responsibility for the safety of construction will soon be placed on to those who commission and pay for developments - as well as those who design, manage and build them. A leading North West construction lawyer, Ken Salmon of Mace and Jones, warns that from 6 April new regulations will radically change the way the Health and Safety Executive decides who is responsible for the safe procurement and management of building projects - and for accidents. The biggest impact of the Construction Design and Management Regulations 2007 will be on companies or individuals (the clients) who commission new buildings, even if they have no direct role in the work.

'At present if an accident happens, such as a crane toppling over on a building site, it is contractors, designers or managers who face the music.

From this April, those who pay for the building works will be in the frame as well,' said Mr Salmon.

'Many companies may mistakenly believe there is not much new in these revised regulations - but they would be wrong.

Everything is different - the definition of construction, for instance, will change to include demolition and dismantling.

'And most importantly, a client will not be able to hide behind its agent if something goes wrong.

If he knows or should have known of deficiencies in the procurement, design, management or construction process, he will have a duty to do something about it and be at risk if he fails.' The new regulations are part of a purge to reduce the number of accidents on building sites, with 79 fatalities, 4687 major injuries and 8250 significant injuries to workers and members of the public in 2004/5 (the last year for which figures were available).

In the nine years to 2005, there were 761 fatalities, nearly 44,000 major injuries and more than double that number of significant ones requiring more than three days off work.

The numbers have remained fairly constant over that time despite increased industry vigilance and regulation.

And as the amount of development increases so do the risks.

Punishments following a conviction in the Crown Court for breaches of Health Safety and Welfare law include an unlimited fine and up to two years imprisonment.

'The thinking behind the spreading of responsibility is that it will force the person who commissions the project and pulls the purse strings to think harder about who carries out the work, and how it is to be done' explained Mr Salmon.

'It will become less tempting to cut corners, choose the tender with the cheapest price or to insist on short lead-in times when that increases the chances of something going wrong - leading to a prosecution.

The more experienced or 'hands on' client will be less able to rely on his professional team to get things right.

'The client does not have to manage the project himself but he must make sure he appoints the right people and they properly manage it.

That means checking the competence of designers, project managers and contractors before you engage them.

'In addition, the client has to be satisfied that all the right measures will be put in place to enable the project to be carried out without unnecessary risks to the health and safety of workers and the public'.

There is not much time left.

The new Regulations will apply to all projects current at April.

Mr Salmon added: 'One thing a client should do now is to get an understanding of their new duties'.

The Code of Practice supporting the Regulations should be available from the first week in February to view and download on the HSE website.

It should be required reading.