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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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Posted By Andrew Cartridge
John
Get them to prove it by risk assessment.
reasonably practicable......cost verses risk
Regards
Andy
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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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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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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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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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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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