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#1 Posted : 21 June 2006 15:58:00(UTC)
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Posted By John Beadle What steps can a designer take if his designed safe system of accessing a roof (mansafe wire system) is overruled by the client for reasons of cost?
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#2 Posted : 21 June 2006 16:17:00(UTC)
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Posted By Andrew Cartridge John Get them to prove it by risk assessment. reasonably practicable......cost verses risk Regards Andy
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#3 Posted : 21 June 2006 16:25:00(UTC)
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Posted By Liam Mc Conalogue Does anyone have any details on any cases where Designers were prosecuted under the CDM? Thanks, Liam
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#4 Posted : 21 June 2006 16:34:00(UTC)
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Posted By Jeffrey Watt Liam No, but... I believe the designers of some of the first trains to be used in the channel tunnel got stopped/sued/prosecuted under Section 6 of the HASAWA due to the braking system being inadequate. Not very detailed,sorry, trying to remember a lecture from 6 years ago. Jeff
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#5 Posted : 21 June 2006 16:37:00(UTC)
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Posted By Andrew Cartridge Liam I have one but cannot post it on forum, drop me an email & I will send it to you. Andy
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#6 Posted : 21 June 2006 16:46:00(UTC)
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Posted By Jerry Lucey Hi John, Have you spoken to the Quantity Surveyor on the project, as they may be in a position to help i.e. compromise or claw back the difference in an area which is not safety critical. I have found that a Client may object where such a safety system is not considered as part of the initial design but proposed at a later stage in a project, where there is a variation in the original cost, however he may be happy enough to go along with the above arrangement. Failing this I would do what the previous post suggests and present the Client with the Design Risk Assessment, explaining the legal requirement with regard to reasonably practicable.
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#7 Posted : 21 June 2006 23:29:00(UTC)
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Posted By Brett Day Don't forget that if a client specifies something that has a H&S impact they then also assume duties as a designer under CDM. I had a client who wanted a mansafe when the designer had put in the option of handrails or a raised parapet, when pointed out that the client had assumed a designer's dutyand they would need to carry out risk assessments then they were happy to go with the raised parapet.
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#8 Posted : 22 June 2006 15:49:00(UTC)
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Posted By Gilly Margrave Have a look at http://www.hse-databases....asp?SF=CN&SV=F230000238 Gilly
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