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Posted By Neil Hannam
Hi
I have been put in a bit of a predicament where I am responsible for creating construction site health and safety files that contain site specific Method Statements, associated risk assesments and various other forms and procedures relating to the company Health & Safety Policy.
I have just received instructions that going forward we, as the contractor, are no longer going to produce a site health and safety, instead opting to work to the clients instructions (MS & RA's).
Can anyone advise what legal implications this may have? Is anyone out there working for the HSE - I would very much like some feedback as I am concerned we are leaving ourselves wide open if something did happen, god forbid?
Thank you in advance
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Posted By SteveD-M
So long as you can satisfy the requirements under R13 CDM 2007...
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Posted By Bob Youel
SteveD-M's posting hits the nail on the head; cause if you end up in court you will need to justify
My advice is to let the client/PC provide all the info then fine tooth comb them to make sure that they 'fit' your company /job / people and get your staff to buy into them e.g. get mangers to sign them
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Posted By Mick154
First the client would only issue general instructions through the Pre-construction information, PCI
Secondly the Principal Contractor for the site would issue a Construction Phase Plan for how they intend to manage the site, CPP
Method statements and risk assessments the Principal Contractor would issue these if you are a direct employee for them, if you are a sub-contractor then you must produce these yourself and percent them for review
Any contractor entering my site(s) without this type of information for the task they have been assigned would not get on site. Furthermore at the end of your task i would expect you to provide a O&M manual for the HS file
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Posted By Andrew W
My two penneth for what its worth
HASAWA says the employer must provide a safe system of work.
Management Regs say the employer must carry out risk assessment.
Law says 'the employer is the person with the ultimate right to dismiss' (Coggins and Griffiths v Mersey Docks and Harbour Board)
I would say if, god forbid, anything went wrong you would struggle to justify this decision in front of the man with the curly wig. MS and RA must be specific to your tasks not what the PC thinks are relevant.Personally I would stand my ground and argue your case using the three points above. (Not very of I dig case law from the back of my mind!!!)
Yours legally for today only
Andy W
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Posted By Andrew W
Should have read "not very often I dig case law etc" Doh
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