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#1 Posted : 25 January 2001 16:55:00(UTC)
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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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#2 Posted : 26 January 2001 09:42:00(UTC)
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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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#3 Posted : 26 January 2001 19:36:00(UTC)
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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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#4 Posted : 27 January 2001 13:39:00(UTC)
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Posted By Stuart Nagle ensure your company engages the service of a good legal practitioner !!
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#5 Posted : 29 January 2001 14:03:00(UTC)
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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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