Posted By Charles New As a Client engaging scaffolding contractors to erect large numbers of scaffolds on housing and office accommodation every year, I am seeking advice on our need to undertake scaffold inspections as required under Reg 29 of the Construction(H, S & W)Regs 1996. Do we, as a Client who has a significant amount of control over the works, have to inspect the scaffold in addition to the inspection being undertaken by a Principal Contractor? Or can the responsibility and the associated liability be passed on to the Principal Contractor?

Posted By David Brede Under regulation 6 of CDM you are required to ensure that the Principal Contractor is competent and adequately resourced....quoting from the ACOP. If you have concerns about the competence of your PC to deal with scaffolding work you have to set in train processes to check this out, and that can be by inspections on your part. Your second paragraph hints that yours is a hands on type of client so it my be expected by the PC that you will inspect in safety. Therefore to pass this role on to the PC may give out a signal that scaffolding is not a concern of yours any more. So think carefully about your firms safety culture and how this change may be seen. Peters points are valid as you have to be sure that wider view of site safety is being considered by the PC. They often get too focused on the work and miss these wider issues.

Posted By Ken Taylor Where the scaffold is in a place entirely under the control of the principal contractor the inspections will be a matter for them but with your interest in monitoring their performance. However, where an element of control is retained by the client (as is likely to be the case with occupied housing property and offices) the employer's and occupier's duties still apply to protect staff, residents, visitors, public, etc. In these circumstances, I would normally expect visual checks of both the scaffold and the inspection certificates/records to be a reasonable approach (particularly considering accessibility to children). It can be useful to spell out within the pre-tender and contract literature that such certificates and records will be required to be kept available for inspection .

Posted By Martyn Hendrie The fact that you speak of having to appoint a Principal Contractor indicates that you are dealing with a "construction activity" The Construction (Health, Safety & Welfare) Regulations do not specify who must carry out the legally required inspections of scaffolds other than they be "competent" to carry out that task. The first question I would ask is who, within the procurement chain, employs persons competent to inspect scaffolds. In my experience this would not normally be the client. It may not even be the Principal Contractor, often it would be the supervisor/manager of the scaffold contractor. The designated competent person would then be responsible for the adequacy and recording of the inspection. I agree with the respondents that, although not responsible for the "formal inspection," if your organisation is engaging the scaffold contractor directly, or you have occupants still in residence during the works you should satisfy yourself that a) The residents and public are not being put at risk b) The scaffold is suitable for the works and is properly erected c) The legally required inspections (and any remedial action resulting from them) are being carried out. Items a-c would not make the client responsible for the legally required scaffold inspection and the necessary recording of inspections. However,to satisfy items a & b it may be appropriate for the client to arrange for periodic visual checks to be made on the scaffold.