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#1 Posted : 05 June 2009 18:47:00(UTC)
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Posted By Gary Malone I have in my opinion an over zealous CDM-C making our life pretty miserable on a minor project. I work for a demolition contractor who is in the process of demolishing two small single storey one two storey industrial units. There are a maximum of 4 operatives onsite at any point. There is a combined canteen/ office cabin with warm running water etc. However we have in place a porta-loo. It was my understanding that whilst these units are not prefered these are sufficient within the cdm regs and the legislation in force. How-ever he advises that these are illegal and has requested me to prove that these are legally compliant, I am unable to find any such legislation I would appreciate any help to identify specific legislation on the use of these or the prohibition of use of these. Over and above this the requests by the CDM-C are shocking. I am a qualified CDM-C and have undertaken many projects, the CDM-C's are from a large consultancy and proudly promote their AIIRSM badge and Tech Iosh post noms. I have literally spent hours upon hours explaining and justifing what we are doing risk assessments, method statements, inductions, my email address etc etc Thanks
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#2 Posted : 05 June 2009 19:09:00(UTC)
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Posted By martinw Hi Gary there is a previous request for information on this matter. Have a look at http://www.iosh.co.uk/in...iew&forum=1&thread=42737 which will give you some of the info you require. And in terms of their attitude towards you I hope that the information you will be able to give them will shut them up for a while. I bet that they will not know about it! Good luck. Martin
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#3 Posted : 05 June 2009 19:10:00(UTC)
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Posted By CFT Now't wrong with what you have in place Gary (IMPO), and certainly nothing illegal. Suitable and sufficient springs to mind. Ignore your impending 'hissy-fit' and have a good weekend. CFT
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#4 Posted : 05 June 2009 20:23:00(UTC)
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Posted By Crim Turn it around by asking the CDMC to prove it is not allowed.
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#5 Posted : 05 June 2009 21:21:00(UTC)
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Posted By Richard Altoft If and at every occasion what they want is in excess of what the law requires then demand an instruction so that you can invoice either them or the client for the extra costs. If they dispute it ask them to put their case in writing so that you can go to arbitration. Loser to pay all costs. R p.s. if you need a god arbitrator let me know.
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#6 Posted : 05 June 2009 21:27:00(UTC)
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Posted By Richard Altoft OOOPS, last post typo -- I mean I am a good arbitrator not a god.
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#7 Posted : 05 June 2009 21:58:00(UTC)
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Posted By Gary Malone Martin, CFT, Crim, and Richard thank you very much for your help! All have a good weekend!!! However I do think that I have put their nose out of joint in my previous reply telling them, that I was fully aware of the cdm regs and pointed out the main changes were to reduce bureaucracy and to ensure minimum competencies for examples CDM-C's, amongst other things.
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#8 Posted : 06 June 2009 09:17:00(UTC)
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Posted By Robert K Lewis Gary Your phraseology suggests that you are already on site in which case the CDMC has lost the opportunity to criticise the specific arrangements you have made. I personally do have some issues with some of the portaloos available as they are little better than the old Elsan type bucket toilet. Having said that the modern versions with a sealed tank arrangement and running water can be very useful where small numbers are being catered for. I have also seen the Bunkabins often used, with their integrated sleeping and cooking arrangements,in conjunction with a small office/mess/toilet multiple unit. Many inspectors seem satisfied with these arrangements. Bob
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#9 Posted : 06 June 2009 14:50:00(UTC)
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Posted By Gary Malone Bob, Thanks for your reply, yes we are on-site and I have already challenged the CDM-C as to what role they are actually visiting our site, however we have been advised that the Client has requested this by the CDM-C. The Client is a Government Body. Bunkabins are an excellent option onsite, I have used these myself on many occasions. Thanks Again!!
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#10 Posted : 06 June 2009 23:22:00(UTC)
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Posted By Ciaran McAleenan Gary Bob's point is correct, extremely relevant and one worth pursuing if you want to get on with the project. Remember planning, managing and monitoring OSH during the construction phase is the legal responsibility of the contractor (or principal contractor in liaison with the contractor on notifiable projects). Neither the Client nor the CDM-C has a role to play here and should be gently reminded of this. Being a Government client has no bearing on the situation, except to say that under the auspices of the Office for Government Commerce government clients aspire to be 'Best practice' clients and as such should be competent in the exercise of CDM responsibilities. Finally if they have a different H&S role assigned to the CDM-C was that not set out in the terms of your contract? Best wishes Ciaran
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#11 Posted : 07 June 2009 00:26:00(UTC)
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Posted By Sharastani No need to take a hardline with the CDMC with this issue. 4 men on site, go to the loo twice a day, do a wee wee or No 2, wash their hands with a sanitizer, suitable toilet roll- not sandpaper, and the effluent is disposed of. Where are the hazards that would not be associated with regular toilets? Let them answer that.
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#12 Posted : 07 June 2009 10:25:00(UTC)
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Posted By Gary Malone Ciaran / Sharastani, Thanks. I have reminded the CDM-C of their role and duties, however to be honest they personally will not take my calls or reply to my emails, they reply to our qs, which is quite clearly childish behaviour. The problem we have is that I truly believe that we the contractor are doing all we can, however the CDM-C is a large Multidisciplinary Consultancy, when we state our position a reply is emailed to all and sundry that we must comply. The MD + QS do not want to upset the CDM-C's company in case of loss of future words. I have replied in a professional manner at all points to them, If you had sight of like the 3000+ emails they are shocking but in essence what can you do when you are being bullied other than state your position.
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#13 Posted : 07 June 2009 13:25:00(UTC)
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Posted By Phil Rose Gary - sorry to hear of your problems. Clearly there is nothing at all wrong with using porta loos as long as there is a sufficient number (which there appears to be) and they are maintained as necessary. I am not sure where the CDMC is coming from, there are 100's of porta loo companies out there providing umpteen 1000's of porta loos for both work situations and events etc. They are a common feature on many many sites and perfectly acceptable, indeed in the 'old' days many smaller sites would have had nothing at all! If that is all that he/she has to worry about then it does make me wonder about the competence of the CDMC
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#14 Posted : 07 June 2009 16:01:00(UTC)
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Posted By Gary Malone Phil, Thanks for your reply, yes I to be honest do not believe that the individuals undertaking the role are competent, I do truly believe that they are attempting to justify their existance. The emails requesting information would shock you, you honestly wouldnt believe, ive even had one asking what does your email stand for?? I have literally replied in a professional manner answering requests. Ive even started to put my post nom's down hoping that this would show that I had an ounce of competence, however when I have started now to state that they are wrong and gave good reason and explanation as to why, they now will not reply to my email direct or take my phone call, they actually have hung up on me a few times. I wish there was a forum where you could make all correspondance public make the audience have a look at what is reasonable and what is completely incompetence and attempt to make themselves look busy and possibly good in the clients eye's. Then NAME and SHAME!!!!
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#15 Posted : 07 June 2009 17:06:00(UTC)
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Posted By FAH Gary, if you're so confident of your position; contact the BERR directly & request a meeting to discuss the flagrant lack of competence of your Clients CDM-C appointees which is directly contrary to the whole ethos of CDM & what the BERR is charged to accomplish. You could also go directly to the Client; even though a Govt body as they will ultimately be the ones with the power to fix your problems. Of course, if none of that appeals [or works]; you could always look for a newspaper wiling to embarass anyone or everyone involved. Alternatively, it's possible that IOSH may wish to publicly take it up as it appears such a gross example of incompetence, ineptitude, & waste as well as bringing H&S into greater disrepute. Frank Hallett
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#16 Posted : 07 June 2009 20:06:00(UTC)
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Posted By Gary Malone Frank, Thanks for that, Excuse my ignorance but what is berr??? I've googled and came up with www.berr.gov.uk Dept for Business Innovation and Skills. To be honest my opinion is to contact the client with what issues we have, however I will have to get approval from my md.
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#17 Posted : 07 June 2009 20:49:00(UTC)
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Posted By FAH Hi Gary Glad to be of assistance, I do try to be constructive [it's Sunday evening, cut me some slack!] BERR are the body that you've found whose principal reason for existance is to be the UK Governments' weapon of choice in removing or reducing unnecessary burdens on business. Go back to the website you've found & see what their remit is. If you have a Govt Dept that is actively or implicitly supporting or condoning the opposite it will make last weeks politics look very tame - provided you can get a back-stage view. Go for it! All you really have to lose are the equivalent of a very big albatross creating unguessable hidden expense for your outfit and the Govt. That will really go down well. Frank Hallett
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#18 Posted : 08 June 2009 12:03:00(UTC)
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Posted By Ron Hunter Some Clients are attempting to improve the welfare on construction sites by stipulating standards in contract terms/ pre-construction information. If your Client has made no such stipulation, then you are free to adopt published HSE Guidance (relevant CIS). Irrespective of the CDM-Cs viewpoint and his "wider" function at the Construction Phase, if you are complying with current guidance and your client's contractual requirements, then anything over and above that is going to cost your Client money!
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#19 Posted : 08 June 2009 13:15:00(UTC)
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Posted By Arran Linton - Smith Gary, You are correct to state that the plastic self-contained toilet units that you find on some sites are not illegal and providing there are adequate washing facilities provided, then these are not a problem, however if you are relying on the tiny hand washing facilities within these units, then arguably these do not meet the criteria within the current HSE Guidance CIS 18 which is why the Oasis Unit were developed. Have a look at http://www.hse.gov.uk/pubns/cis18.pdf
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#20 Posted : 08 June 2009 13:20:00(UTC)
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Posted By peter gotch Gary Most portaloos do not have a sufficiently large basis for the workforce to get forearm in which may be necessary for effective management of occupational health risks, and this may be where your CDM-C is coming from. But on the basis of your posting it appears that you probably have adequate washing facilties in site hut, in which case small basis in portaloo should be sufficient for basic toilet personal hygiene. Agree with others that best practice client who wants to specify better than minimum standards should spell this out at tender stage. Regards, Peter
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#21 Posted : 08 June 2009 16:11:00(UTC)
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Posted By Gary Malone Ron, Arran, Peter, Thanks very much for your opinions, yes I do agree with you, and I would prefer that there a better standard of toilet faclities on-site, and would certainly have no issue with clients putting minimum standards. However in this case there are no minimum standards communicated within the pre-construction information, or at the pre-start meeting (with regard to welfare facilities)other than the principal contractor is to adhere to cdm regs 2007 section 22, If this was the case we would of adhered to these standards. Down to communication. Yes there are adequate washing facilities within the cabin. Regards Gary
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