Posted By Rob Randall
Can I have your opinions on the whether or not the following scenario is covered by CDM regs:

A local Council hires out a park to an organisation to run an event and takes a fee for so doing. The Council also rents space to local traders for the event and also takes a fee for parking of a large number of buses on site. The organisation running the event has several stands and performance platforms and a marquee erected by contractors. Total time for erection and dismantling of the relocatable structures is likely to exceed 500 person hours

Does this sort of activity come within the scope of CDM regulations or not? If it does who is the client?

If it does not come within the scope of CDM regulations would you agree that the work of erecting these structures and the running of the event itself is part of the Council's undertaking, i.e. renting public land for the purpose of running public events is something that they do? If so would you also agree that the Council may therefore be liable for any injury to contractors employees and members of the public?

I know that this is a bit long winded and tortuous but I would be interested in your opinions.

Posted By garyOrange
No it would not be covered by CDM

Posted By Rob Randall
Hi Jonathan,

I didn't say that I think CDM applies as a matter of fact. Some colleagues and I had a debate about this scenario and I one said that he though CDM might apply because the stands for seating that will be built are going to be constructed from scaffolding.

The post was fishing for opinions that would support my own which is that CDM does not apply but that the Council would have Section 3 duties.

A previous post has confirmed my view. I deliberately did not give my view originally so as not to influence the responses.

Regards

Rob Randall

Posted By Rob Randall
Hi Jonathan,

I don't know who Charles is but I will assume that your reply was meant for me!

Yes the Council has entered into a contract with the organisation running the event (but only for a fee for the hire of the space) The renting organisation will be hiring contractors to do the work. The contracts will be monitored by the Council so as to cover any Section 3 duties that they may have.

Occupiers liability would always apply to public space such as a park anyway but I feel this is a more complex situation and the legal relationships and responsibilities for H&S are not obvious (at least not to me) and that is why I am seeking clarification.

My approach would be for the Council to have a documented safety plan for the erection and dismantling of temporary buildings, for the access and egress on the day of the event, for the catering (to cover food hygiene)and for contingencies such as first aid and policing or stewarding of the beer tent and other facilities etc.

This approach might ensure that those who have duties know what is expected of them and also that there is a framework for ensuring that those duties are fulfilled. I would also expect a de-briefing post event so that any lessons learned can be incorporated into future policy.

Rob

Posted By Rob Randall
Hi Jonathan

Yes, there will be pipe bands and highland dancing etc. I had thought about using the Fire Safety and Safety of Places of Sport Act green book as a template for the safety plan. While accepting that the specific provisions relating to sports grounds would not apply the general tenor of the guidance in the green book could be applied as best practice.

Posted By Robert K Lewis
Just to prod this for the new year. Scaffold stands are temporary structures defined in both CHSWR and CDM and thus have the potential to create an obligation under CDM. Tents and marquees are not classed as temporary structures.

The real issues are around the design and erection of the stands, let us not forget that there have been instances of such things collapsing. It is down to the client running the event to manage such matters although I think the council has obligations as this may fall within their enforcement area.

Bob

Posted By Simon J
Rob
What I forgot to say was that within the TDS document there is a reference on page 37 that specifically states that the HSE do not see CDM applying to Temporary Demountable Structures.
The letter was from the director of the HSE to the IstructE in 1995.
Simon