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Non UK companies and their CDM reponsibilities
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Posted By Jennifer Kelly
Just checking to see I have got my facts right before going into battle!
Duties under CDM (where relevant) apply regardless of what country the dutyholders are based in if they are doing a job located in the UK. Yey or nay?
So for example if there was an architect based in France doing the design for a job based in the UK, they have the same Designer responsibilities that any other UK based architect would have? Oui ou non?
And finally does anyone know of any CDM cases brought to court that involved an overseas dutyholder?
Regards
Jennifer
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Rank: Guest
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Posted By Chris Pope
a few years ago I sat accross the table at HSE offices with the principal inspector who told my client not to come back into the country to manage construction work until he had got the CITB 5 day SMSTS course or his own country's version. The driver was a near fatality.
HSE don't much care where offenders come from they just have difficulty applying the judgment - see the Port of Ramsgate case where 6 pedestrians died as a result of a design and build failure.
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Rank: Guest
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Posted By MichaelM
if working in our country, our HSE legislation applies.
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Rank: Guest
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Posted By Rob T
If the company (and you mentioned France for instance) are established EU, then they should fall under almost the same legislation as we do for CDM (sorry can't remember the EC Directive on CDM but it does exist) and therefore they should know most of the stuff anyway.
But in answer to your specific question - they MUST comply with our legislation.
I often work abroad in H&S and I always find out the relevant local H&S laws before proceeding. Your customer/client should have done the same for the UK. The HSE have a specific help line for foreigners intending to do business in the UK.
I hope this helps.
Cheers
Rob
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Non UK companies and their CDM reponsibilities
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