Posted By Brett Day David, silly question, but why does the client want to appoint an agent ? Is construction not something they normally deal with/have experience of. Also just flicking through my ACoP I can't see anything that clearly states that the PS must be appointed first, granted it mentions PS appointment (Para 53), then states that a client can appoint a competent agent to carry out thier remaining duties under CDM... so that could be taken as the PS must be appointed first, but an argument could be put forward that if the client has no construction or CDM experience a client's agent could be employed to advise them and help appoint a competent PS. Have worked for companies that act as client's agent who appoint the PS on behalf of the client, the big thing from the HSE in these cases has been that the agent does make the written declaration informing them that they are acting as client's agent. Not sure if that helps...

Posted By Julie Hughes The client should also be aware that when the revised CDM Regs come into force in October this year, it has been proposed in the consultative document to no longer have the role of clients agent. Julie

Posted By David O'Hara Frank You are very wise sir. That is exactly the position the client is coming from. I think the removal of the agent is a good thing, However, what about clients who do not have experience in construction/demolition projects and also utilising CDM regs, updated ones at that! David

Posted By peter gotch David 1. Would generally be illogical to appoint PS first and Client's Agent thereafter. 2. However, appointing a Client's Agent is not in my view a sensible client risk management strategy. You get shot of your CDM responsibilities [subject to the Agent's declaration to HSE], but not other responsibilities under e.g. HSWA and common law. There is a risk that by appointing agent, the client fails to remember their other duties and, thence, that they do not fulfil these. At the same time the Agent is taking on some risk and will want to be paid for this. So, in essence client ends up paying more and increasing overall likelihood of being found wanting. Regards, Peter

Posted By Laurence Davis We act as planning supervisor on behalf of many clients, one in particular insists on employing a clients agent for larger projects. This client is extremely committed to safety and compliance to its own standards which are significantly higher than those imposed by CDM and other regulations. The client has much experiance in construction and a large H&S department, appointment of the agent (at significant cost) is a resourcing issue and a check to ensure that a competent person is specifically making sure the quality, safety, design team and contractors are coordinated. So as long as the PS/CDM coordinator is appointed in sufficient time to carry out all of the pre-construction phase duties (and as early as possible) surely it is irrelevent whether what order the appointments are made.