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Posted By Simon Osborne
Advice Please.
If a company, as principal contractor, instruct and directly pay a Statutory Electric Provider to upgrade mains into their project are they responsible for their actions outside the site boundary (bearing in mind Statutory Authority)?
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Posted By Tabs
A bit vague Simon, but in certain instances, yes ... depends what you are talking about.
E.g. They show up and unload lots of equipment right outside your boundary and such equipment later topples and hurts child - probably shared liability.
E.g. (2) They create a spur 30 metres from your site that consequently explodes due to water ingression, their exclusive liability probably.
Everything depends on the circumstances put before the Court and all you can do is to ensure you discharge your reasonable duties to your best.
Any doubts, seek clarification with their safety department.
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Posted By Martyn Hendrie
I stand to be corrected but since privatisation I did not think that service providers such as electricity companies were still statutory authorities.
I think they are "private companies" but retain some emergency powers to deal with problems without going through some of the normal channels (e.g can dig up road without notifying LA in an emergency)
ACop to the 1994 CDM regs was quite clear they are contractors. I don't have new Acop to hand but feel sure it will say similar
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Posted By Robert K Lewis
If they are undertaking work directly specified by the contractor then the answer is the the Utilities Company and its contractors are under the control of the PC, who thus holds liability.
But this can be a fine decision
eg The project will include a new substation to replace a previous structure - The Utilities contractors then cable up and equip as appropriate. This will put liability securely on their shoulders.
Most jobs are in between however.
Bob
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Posted By Ken Taylor
You may well find that you own the service to your property from the point at which it joins the undertakers main. However responsibility for what actually happens will tend to revolve around who was in control at the time.
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