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Admin  
#1 Posted : 02 November 2007 14:24:00(UTC)
Rank: Guest
Admin

Posted By BB
A sorry tale of woe. Comments and advice welcomed. This is of course a hypothetical case...........of course.

CMIOSH working in (multi-national) company has full time operational job, is (like everyone) at full stretch, unloved, underpaid and under-resourced, but still smiling. Very versatile but has very limited construction experience.

- So far this sounds pretty familiar eh?

Company decides on ambitious expansion plans which include extensive construction and refit in existing facilities, but normal business needs to continue with minimum disruption.

- Exciting and challenging stuff eh?

Company decides to 'save' wads of cash and project manage the job itself, thereby becoming Client and Principal Contractor.

- Now getting scary but still challenging?

Eventually, existing operational CMIOSH is included in discussions and asked for opinion and advice. CMIOSH strongly urges a rethink, especially in light of new CDM, conflict of interest and risk to the business.

It is agreed that extensive construction H&S support is required and in an effort to remain flexible, CMIOSH recommends 3 options for additional resources to ensure the H&S Plan is implemented and work is managed as appropriately as possible, given the non-ideal project structure. Options welcomed and broadly agreed as being the way forward by senior managers. CMIOSH beginning to relish a new challenge!

- Sensible, still scary and challenging?

2 weeks on, CMIOSH told that no extra resource will be forthcoming and he will have to cope on her/his own. Decision made by director with little experience, training or knowledge of construction.

- Just scary now.

CMIOSH responds with obvious concerns that she/he is happy to support with regard Client duties but is not competent to fully advise on construction H&S issues as part of the PC, and in any event, already has a job! (Besides which, CMIOSH points out that if he/she was competent to take up such a role, they would've been working on T5, London 2012 or one of the massive housing developments in the area by now, on wads of dosh!).

Senior managers who have all had IOSH MS training, and in two cases, a CDM update course, all pretend to understand concerns, but none have the spine to confront the issue/director head-on.

CMIOSH has documented all recommendations, rationale for arguments and threats to business if the status quo is allowed to continue. If all goes on incident-free everyone will get pat on the back, but in all likelihood, it'll go belly-up and this will uncover a collection of poor decisions.

CMIOSH now wrestling with conscience, struggling to work out how to remain effective whilst trying to wear armour plating.

CONUNDRUM:

CMIOSH feels up the creek with no paddle, can only see a future grim reality should he/she:

a) Go with the flow, and then take cover when it all goes pear-shaped?

b) Run in the opposite direction, lick wounds and get another job and move on?

c) Confront director, give piece of mind, then follow option b)
Admin  
#2 Posted : 02 November 2007 14:38:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
Aren't there Designers involved somewhere?

They too have a duty under CDM to ensure the Client is aware of his duties.(and where the Project is of a scope which attracts Notification status, also a duty not to proceed with detailed design until a CDM-C is appointed!)

You shouldn't be all alone here?
Admin  
#3 Posted : 02 November 2007 14:47:00(UTC)
Rank: Guest
Admin

Posted By Robert K Lewis
Option d

Speak quietly to your local cosnstruction inspector on an anonymous tip off basis. Then keep out of it until requested. Combine with option c when necessary. I would be keeping well away fro m this mess.

Bob
Admin  
#4 Posted : 02 November 2007 15:10:00(UTC)
Rank: Guest
Admin

Posted By BB
Oooh. Hypothetically, he/she never thought of d)!

Modified (hypothetical) plot-thickening is that there is a Designer appointed and a CDM C. Complex politics abound.

Admin  
#5 Posted : 02 November 2007 15:22:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
Ah ha! If there is as you say a CDM-C already appointed, then much rests on their shoulders!

Then again, who ensured the competency of that and other appointments?
Admin  
#6 Posted : 02 November 2007 16:40:00(UTC)
Rank: Guest
Admin

Posted By Mark Duff
BB,

Hypothetically of course:

Option C) Confront director explaining lack of competence as defined by CDM2007.

If a CDM-C has been appointed, copy them in. It is now the responsibility of the CDM-C to advise the client of the way forward!

Any CMIOSH has a duty to recognise and act within their level of competence.

Begin preparing option B) during all the confusion!

Duffer

Admin  
#7 Posted : 03 November 2007 21:41:00(UTC)
Rank: Guest
Admin

Posted By Karen Todd
My last company tried to do the same to me!

I tried to tell them I didn't have the time or the experience to take on the role of the CDMC (but was told I was doing it regardless) and that they couldn't be the principal contractor (to which they said they could do what they liked)!

If you look in the CDM regs at the definitions of "contractor" and "construction work", I don't think you can be the principal contractor unless construction work, or management of same, is your core business activity as such.

Fortunately for me, the building project was shelved as the funds were needed for something else instead. And I escaped the above idiots and decided to work for myself.

KT
Admin  
#8 Posted : 04 November 2007 18:45:00(UTC)
Rank: Guest
Admin

Posted By Crim
option e.

Go with the flow ensuring you do all that is necessary for you to retain your professional integrity.

Ensure you offer the correct advice at all times and in writing with copies to anyone you feel may be useful to you and the company, email copies to yourself, print them out and take them home to be kept in a safe place.

Collect advice yourself from professional bodies such as IOSH and HSE construction sections without being a whistle blower.

Act at all times as the good employee you are which will keep you in favour.

When all goes pear shaped you will then be able to put your head above the parapet and prove your worth, having done all in your power both to advise against such a project and also to assist the company as it stumbles along the chosen path, and possibly be the only person who comes out of it with any credit at all.

I know this is all hypothetical but please keep us all informed.


Good luck!
Admin  
#9 Posted : 05 November 2007 09:12:00(UTC)
Rank: Guest
Admin

Posted By GARRY WIZZ
Go with the flow if you enjoy job.

Concerns and risks have been documented so if it goes pear shaped your covered.

If you go someone else will be drafted in and the build will happen. The newbie is going to do a much worse job than you because they are a newbie.

You on the other hand, with your knowledge, experience, contacts, knowing how the company ticks and how to work the system, CAN influence the project in a positive manner.

It may be less than perfect, but this is the real world.

Garry
Admin  
#10 Posted : 26 November 2007 08:55:00(UTC)
Rank: Guest
Admin

Posted By BB
Decided to go with plan a).

However, during investigation of escape plan (b), realised that there was another way and got offered a brilliant job!

Sorted.



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