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#1 Posted : 06 March 2008 21:32:00(UTC)
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Posted By Jason911 I am getting much conflicting information on this issue, so would appreciate any help. We are currently in the process of building a brand new warehouse. The whole project will take around 30 weeks and a contractor and project manager have been appointed. Apparently the building will be 'Handed over' to us a few days prior to open when all the contractors leave site. My problem is that about 20 weeks into the project our employees (most of them new) will be on site and busy stocking shelves and operating forklifts and being trained etc. This makes me nervous as our employees are essentially working on a building site and exposed to a much greater level of risk than they normally would be. In the event of an accident nobody seems to able to tell me with any degree of certainty who would be responsible for site safety for our employees and the large number of contractors, when technically the site is still under construction and operated by the contractor/project manger. Don't get me wrong their are no cranes being operated or roofs being put into place. The building will be structurally sound my this stage, but their is still a of of WPT operating outside in the car park, the construction of which is always left till last. A large number of contractors are still inside the building installing internal structures, electricity and erecting racking, so can anyone tell me A) where we would stand for example if a contractor was injured with no involvement from any of our employees and B) If a contractor was injured by one of our employees, or visa versa. Sorry to go on a bit, but I really need to get this clear in my mind so I can advise those that need to know.
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#2 Posted : 07 March 2008 07:19:00(UTC)
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Posted By Bob Youel what does your CDMC and your insurers say?
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#3 Posted : 07 March 2008 10:27:00(UTC)
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Posted By Mitch Jason, Just going through this exact same scenario as CDMC, email me direct.
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#4 Posted : 07 March 2008 10:47:00(UTC)
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Posted By Martyn Hendrie In my opinion both your company and the Principal Contractor would have an equal responsibility to communicate/co-ordinate and co-operate with each other to see that neither parties employees are put at risk. (In this sense I consider all construction workers as being the responsibility of the PC. The PC would in turn have to control and co-ordinate all construction contractors on site) Your responsibilities would come from the Management of H&S at Work Regs (Employers who share a common workplace) The PC also has this Management regs responsibility but also has a CDM duty to ensure construction work is carried out safely and does not affect non construction personnel.
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#5 Posted : 07 March 2008 10:54:00(UTC)
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Posted By CFT Yes, it just requires a responsible person from each camp to meet in the middle and decide what, how, when and by whom. Is this all one project and thus one practical completion or is it being handed back in stages as detailed in the original plan? CFT
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#6 Posted : 07 March 2008 11:31:00(UTC)
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Posted By Ron Hunter There is obvious potential for mishap in these overlap situations, when Client and Principal Contractor issues conflict. Perhaps one solution is to agree up front (in CDM and in cotractual terms) that the PC will have ultimate say in whether your (Client) activity can go ahead as planned. A reasonable contractor will work with you on these matters, but sometimes he has to be allowed to say no. With the best will in the world, there are invariably program delays in the construction phase (poor weather, the late 'discovery' of buried services, etc.)and things change.There has to be acceptance that if the Construction Program slips, then yours will too.
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