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Posted By L Rogers
I have been asked to help with some issues that one of our officers has regarding Council liability of land. If contractors come onto Council owned land are we are (council) duty bound to provide them with a risk assessment pointing out the hazards of the site or can we just ask them to carry out their own assessment before starting work? The work mainly being drilling bore holes and doing surveying and investigating work rather than any construction. Do we have a duty to tell them where utilities are on the site such as water pipes, electricity lines etc?
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Posted By Rob Randall
Hi,
You do not need to do a risk assessment, this is the duty of of the contractor but you do have a duty to give the contractor information about any hazards under the management regs. You may also have a more specific duty if the work comes within the scope of the CDM regs.
If you have the information why not give it to them whether you have a legal requirement to do so or not?
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Posted By Robert K Lewis
All of the work you have outlined are almost certainly construction work, site investigation certainly is. Therefore CDM 07 will apply, whether or not the owrk is notifiable. This means information has to be given, among other matters. This includes reg 4 competence assessment.
Bob
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Posted By Tabs
Nothing to stop you commissioning them to do your side of the equation too though - so long as they are given access to any information that you already hold.
You retain liability though, naturally.
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Posted By mrs.seed
You are doing construction work and therefore the CDM 2007 regs apply. If you look at the definition of construction work within the regs you will find that boreholes and site investigation (as opposed to site survey)are included.
Therefore with regards providing information (as opposed to other parts of the clients requirements) you have a duty to make reasonable enquiries to determine the hazards on the site. I suggest that the term 'reasonable enquiries' includes those to utilities for service information.
You really need to look at the CDM regs as there are multiple requirements on the client (and even more if the work will last for more than 30 days). The ACOP will tell you the sort of information you should be providing the contractor.
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Posted By bob safe
Just had an incident like this, one of our employees injured walking to the worksite through a Council compound they provided for us to use. I'm for bouncing it to the council, anyone agree?
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Posted By Raymond Rapp
As a 'rule of thumb' the Council (or any other proprietor) is responsible for the work that takes place on their property. There is also a shared ownership of liability, where a contractor needs to consider the risks for their employees. In other words, any hazards that are not obvious should be communicated in advance. Where the inherent risks of the task demand it, in that they are intrinsically dangerous, I would suggest that the contractor should be supervised at all times.
A collaborative effort is likely to produce a much safer system of work, as opposed to a finger pointing exercise.
Ray
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Posted By Alexander Falconer
Before bringing contractors on site, obviously you will manage and approve them on the basis of their competence, risk assessments, method statements, adequacy of insurance, etc, etc, etc.
In addition to this, contractors should also undergo a formal induction on the key H&S issues, info on the hazards, etc, etc before being let loose!
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