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Posted By Rommel
Dose a self employed operator who works on construction site classify as contractor or subcontractor?
Must they be declared as contractors in the new F10?
Many thanks
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Posted By anon1234
Contractor
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Posted By Robert.
If taken on and approved by the PC (client) then contractor.
Other than the PC, all are contractors irrespective of how many sub-subs there are.
Contractors (all)have a duty to ensure competanance of their workers and that includes those subbed to them.
If the self employed guy needs specific assistance in a particular area then he will probably sub--still a contractor.
Only the Client, CDMC and PC needs addressing on an F10
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Posted By Robert K Lewis
But, Contractually
If under a contract to a contractor then is a subcontractor
If under contract to a client then is a contractor.
HSE used the generalised form of "contractor" to cover all organisations carrying out work on a contract basis. One of these is nominated as Principal Contractor on notifiable works.
The self employment is not relevant.
Bob
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Posted By peter gotch
Hi Rommel.
CDM does not recognise the concept of a sub-contractor. They will fall within the CDM definition of contractor.
Regards, Peter
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Posted By Robert K Lewis
Should have added that I think the box for contractors is almost a waste of space on the F10 - there seems no real desire to know it from the HSE except when they ask on site. If you think about it a large project could be appointing "contractors" on a regular basis. I did a large job a few years ago and the number of contractors reached 70+ - I think the HSE would have been overloaded!
Bob
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Posted By Rommel
Thanks to you all for the responds
I am the PC and the only contractor appointed by the client, but there are 200 workers on site and 90% of them are self employed trades and labours; for tax and other legal reasons each one them must have a contract outlining the work, time frame and the cost. So from what I understand they are all contractors.
If this is the case, dose HSE really expect to be provide with the detail for every single one them and every other contactor we may hire in future?
Do I have a point here or do I still not understand the concept of this?
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Posted By Robert.
You or your Company name is PC, identified on F10.
You are effectively in control of all the others and they are not required to be named on F10. What does your CDMC say?
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Posted By Robert K Lewis
Rommel
They are all contractors for the purposes of CDM 07. But as I have said they are all your subcontractors. Unless of course you are contracted under a Construction Management contract whereby the client appoints all contractors on the project.
Just ignore Box 12 on the F10
Bob
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Posted By anon1234
If they are appointed prior to the F10 being completed then they should all be named in box12
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Posted By Rommel
Guys,
Once again thanks for the responds.
The CDM C e-mailed a new version of F10 and asked me to update it in respect of the contractors and send a hardcopy back to him; I have replied to his e-mail explaining the situation and awaiting for his comments.
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Posted By Robert.
Update the safety plan yes. But the F10? Why?
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Posted By James M
If you are the PC and only contractor then you must have sub contracted the work to the 200 workers. If you have sub contracted to them individually (as 90% of them are self employed) you must have been busy ensuring the competency of each individual as required under CDM 2007.
Depending on certain criteria you may be classed as their employer as far as the HSE are concerned. Never mind what the tax man says!!
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