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#1 Posted : 08 November 2007 17:14:00(UTC)
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Posted By Sophie Pelosi Hello, Could somebody tell me because I seem to be missing it - Who has the duty to provide welfare on non notifiable projects? I think it is the contractor but where can I find it in writing? Thanks in advance. Sophie
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#2 Posted : 08 November 2007 22:32:00(UTC)
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Posted By Colin Stapleton ACOP has the answer - Part 2 of the regs say contractors must 'ensure there are adequate welfare facilities for their workers' If you mean that they've removed a bathroom and left nothing for the client who still occupies the property then I don't know. Hope this helps Colin
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#3 Posted : 09 November 2007 08:42:00(UTC)
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Posted By CFT Doesn't include for the latter Colin because the regs/ACoP is specific to everyone but the customer in the shorter term. CFT
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#4 Posted : 09 November 2007 09:32:00(UTC)
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Posted By Steven John Bateson The building contractor's activities should be seperated from areas kept in use by the client. As such, the Construction (Health, Safety & Welfare) Regulations 1996 apply to areas controlled by the construction contractor and the Workplace (Health Safety and Welfare) Regulations 1992 apply to remainder of the premises. Both require the employer to provide welfare (an absolute requirement under WHSWR1992 but qualified SFARP under CHSWR). Thus, the contractor must provide for the construction work but may make arrangements to use the clients facilities (if the client agrees) as long as they are 'readily accessible' to the construction workers. If the client doesn't agree the contractor must make alternative arrangements.
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#5 Posted : 09 November 2007 09:46:00(UTC)
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Posted By ddraigice CHSW Regs have been invoked and CDM states that the PC must ensure welfare is provided (the client must also ensure it is present before work starts but not provide it) so it is a strict duty now. It's a bit convlouted - although schedule 2 (4) states that suitable and sufficient washing facilities shall sfarp be provided it goes on to say that they shall be provided where there is a wc - which is an absolute duty. In any event, it will always be rp to provide some form of washing facilities with gravity feed if there is no water and a generator if no power.
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#6 Posted : 09 November 2007 10:13:00(UTC)
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Posted By steve e ashton CDM 2007 - The client must take reasonable steps to ensure that the arrangements made by persons 'with a duty' are 'suitable' to ensure that Sched 2 is complied with. (Reg 9.1.a) The CONTRACTOR has a 'duty' to ensure (SFAIRP) compliance with sched 2. (Reg 13.7) Sched 2 (nb not the ACoP - this is part of the Regs) covers welfare facilities inc. sanitary conveniences, washing facilities, drinking water, changing rooms and lockers and facilities for rest. Regs 9 and 13 both fall in part 2 of the regs - and so are applicable on ALL construction projects, not just the notifiable ones. Hope this helps. Steve
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#7 Posted : 09 November 2007 19:27:00(UTC)
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Posted By CFT Steven Construction (Health, Safety & Welfare) Regulations 1996 are stand alone no more, they are contained within CDM 2007. CFT
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#8 Posted : 09 November 2007 21:12:00(UTC)
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Posted By Granville Jenkins Hi Sophie The Construction Health, Safety and Welfare Regulations are now enshrined in Part 4 of the CDM 2007 Regulations as such it is now the Clients duty to ensure that suitable and sufficient welfare facilities are provided on construction sites. Obviously the level of facilities to be provided will depend on the size and/or complexity and duration of the project, but there are standards . It is perhaps worth noting that the CDM Regulations apply to all construction projects and not just those that are notifiable, the only difference being that the Client must appoint a CDM Co-ordinator on notifiable projects. It is the Clients duty to appoint a CDM Co-ordinator on notifiable projects, the Client can no longer abrogate their responsibilities to a third party as used to happen under CDM94. Guidance on what needs to be provided can be found in the following documents:- Approved Code of Practice L24, Workplace Health, Safety and Welfare; HSG 159 Managing Contractors and HSG 150, Health and Safety in Construction one could quite rightly assume that the level of facilities suggested in these documents is a minimum rather than a maximum level of provision - It would no longer be considered acceptable for a company to provide say a metal storage box on site and expect operatives to not only store their tools, equipment and materials but also to use the space for eating meals with maybe a bucket of water for washing their hands - I mean this just wouldn't go on, would it? Regards Granville
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