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#1 Posted : 30 June 2009 10:22:00(UTC)
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Posted By Joe Makepeace We are are an electrical contractor engaged on a refurbishment project within a hospital in the North West. We are to engage a nominated sub-contractor for the provision of the intruder alarm, CCTV and public address systems. On completion of our Sub-contractor questionnaire, the sub-contractor indicated that they are exepmt from CDM as the installation is not defined as construction work! Having re-read the definitions within the ACOP and the section on Contractors and the self-employed, I am 99.9% sure that this is not the case and would appreciate any comments you may have or similar sub-contractor claims you may have experienced. I think this Company may be confused between CIS exemption (which is correct) and CDM exemption which I believe to be incorrect.
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#2 Posted : 30 June 2009 11:31:00(UTC)
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Posted By Bob Youel Without knowing the detail; this sounds like a construction activity so there are no exemptions
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#3 Posted : 30 June 2009 11:38:00(UTC)
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Posted By Joe Makepeace I agree entirely and it is always nice to have confirmation.
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#4 Posted : 30 June 2009 11:41:00(UTC)
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Posted By Richard Altoft I have been involved with CDM since before it became law in 1994 and I have never come across this. If it is a project and is construction then CDM applies (only exception I know of is for a client and client only if the client is a domestic client) R
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#5 Posted : 30 June 2009 14:21:00(UTC)
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Posted By Ron Hunter The definition within the CDM Regulations includes "the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas,compressed air, hydraulic, telecommunications,computer or similar services which are normally fixed within or to a structure". The comptency of a contractor who thinks they are "exempt" in the circumstances is surely highly questionable.
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#6 Posted : 30 June 2009 16:31:00(UTC)
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Posted By Bob Y I think they are living in 'cloud cuckoo land'. I am with Ron who has already pointed out the work that they do definitely comes under the definition in the regs.
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#7 Posted : 30 June 2009 21:07:00(UTC)
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Posted By Phil Rose They are fooling nobody but themselves, as has already been pointed out, of course the work they are doing falls under the definition. It was a nice try I suppose.
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#8 Posted : 30 June 2009 23:02:00(UTC)
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Posted By Ron Hunter Joe, I just picked up on the "nominated" contractor bit in your post. If this is a nomination by the Client then you are obliged to bring this matter to their attention.
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#9 Posted : 01 July 2009 09:44:00(UTC)
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Posted By Robert K Lewis But unfortunately you still have to manage them! Client has selected them and as a competent PC you should be able to competently supervise their work. Bit of a hard rub though and I know many in your position. Bob
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#10 Posted : 01 July 2009 10:31:00(UTC)
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Posted By jde Agree with most of the comments. This sub-contractor is delusional. Irrespective of the work they carry out, if it is within a notifiable project, they are subject to the regs just like anyone else. As PC you should inform your client that their nominated subby is non compliant and you cannot let them commence works until they comply.
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#11 Posted : 01 July 2009 11:24:00(UTC)
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Posted By Joe Makepeace All - Many thanks for the thoughts and comments posted - they are much appreciated. Through dialogue with the particular company they have now fully accepted their responsibilities under CDM and are putting measures in place to ensure compliance. We have in this instance agreed with the PC and the Client that an alternative provider of these services will be used on this particular contract. However, one of the more worrying claims the sub-contractor made was that they had "worked for four major construction companies over the past two years (a fact I have confirmed) and it was generally accepted by them that security installations did not come under CDM"! I know which one is the more worrying.
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#12 Posted : 01 July 2009 18:40:00(UTC)
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Posted By Phil Rose Joe (et al) I sometimes feel that some of the 'confusion' arises from the fact that some people are still working on the old regs that did not include those elements of the Construction Health, Safety and Welfare Regs that are now included in the new Regs.
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