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Posted By Mick
One of our project engineers ask the following questions.
What are the legal implications for both ourselves (as the contracting company) and a client if we were awarded a contract.
We have previously advised the client in writing, that work comes under the scope of the CDM Rregulations.
The client has choose to ignore the CDM Regulations
We have been requested to start work on site.
Regards
Mick
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Posted By peter gotch
Mick, We have clients who sometimes behave like yours. Suggested advice as follows:
1. Write to client again reminding them of need to implement CDM including, in particular, re appointment of planning supervisor and principal contractor.
2. On site, adopt the role of principal contractor, whether or not formally appointed, if only to ensure that you can comply with other legislative requirements including those in Management Regs.
Hence collate risk assessments, method statements etc into a H&S Plan, collect information for the client's H&S File etc.
If the client lets you start without any PS, PC appointments, checking the standard of your H&S Plan etc, then that's their legal problem, not yours.
Regards, Peter.
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Posted By Martyn Hendrie
Whilst I agree that taking the actions set out by Peter would indicate your company was trying to meet its obligations there is still a legal duty on the contractor.
Regulation 19 (2)states
No employer shall cause or permit any employee to work on construction work unless thay have been provided with the information mentioned in pargraph (4) (of reg 19)
Para 4 includes amongst the information required
The name of the planning supervisor;
the name of the Principal Contractor and
the contents (or relevant parts thereof) of the Health and Safety Plan
To carry on with construction work knowing that the client has ignored his CDM duties may have some come back on a contractor even if he is trying his best to meet the spirit of the regulations.
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Posted By Stuart Nagle
ensure your company engages the service of a good legal practitioner !!
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Posted By Bernard Angus
I am always commenting on the quality of some H& S avice which is given. My advice to your company is not to establish on site and start work without your Client having recognised his legal responsibilities. You as a contractor (whether Principal or otherwise)would be negligent in starting work on what you know to be a CDM project, without having been provided with the information which you need and are legally entitled to have. For example the name of the Planning Supervisor (organisation) and Principal Contractor.
Bernard
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