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#1 Posted : 07 July 2009 15:53:00(UTC)
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Posted By RHOES Hi, Just wondering if any CDM Co-ordinators can comment on actions they take to prompt Principal Contractors to provide relevant information for inclusion in the Health & Safety File. In this case the fees have been paid by the Client and the Principal Contractor has been contacted several times via several different mediums and been made aware of their duties under CDM 2007, but has yet failed to produce any information. They have developed a rather poor relationship with the client and the nature of the client's undertaking is one which presents little incentive of repeat business for the contractor. Any comments appreciated. Regards Richard
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#2 Posted : 07 July 2009 16:30:00(UTC)
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Posted By Nicholas Sutcliffe I know it's a bit late for this approach but..... we tend to get together with the PC as soon as is possible, and try to get our relationship off on a good footing. We discuss what we will require before the on site operations commence. This has proven very successful for our organisation and we have not had one instance of PC failing to provide information. We have a had couple of occasions where the PC has not been fully aware of his/her duties, this can be handled in a number of ways, the easiest and most productive for our organisation (keeping good relations, hoping for repeat business) is simply to offer to help the PC, this has been very well received and the repeat business and recommendations from PC and Clients has more than doubled. and of course we have a section of the PCI dedicated to health and safety file requirements.
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#3 Posted : 07 July 2009 18:59:00(UTC)
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Posted By Crim Has the PC been paid in full or is there an element of Retention held back? If so this could be your lever? Yes it is a bit late now and it is a nightmare trying to collect all necessary information but this can be helped by regular meetings with Client, PC and CDM-C with the H & S File on every agenda. Information should be collected as the work progresses, as each element of construction is completed, if there are delays then get on it ASAP.
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#4 Posted : 10 July 2009 09:50:00(UTC)
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Posted By Pete Sutton we too go along the RETENTION mode now... amazing what the fear of losing money does for a PC.... My PM's draw the provision of H&S file info into the contract document so there is no debate.. no info - no payment!
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#5 Posted : 10 July 2009 10:08:00(UTC)
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Posted By Lee Mac Similar to previous posters the Practical Completion is not granted until the relevant information has been supplied by the PC and H&S File is produced. However RHOES, in this instance the horse has definitely bolted. As the PC is paid you have a tough hill to climb, time to test your human behaviour & people management techniques. Ultimately you want to get the info together, the PC doesn't care, I would advise firstly request a meeting with the Client to identify if there is any of the Design team has not been paid, then request a meeting with the design Team (to see if they can use the persuasive techniques- you may find that some earmark work for the PC- future work can be used as a persuasive factor)and finally meet with the PC and explain your position and normal protocol which is followed- keep it all in lay man's/informal terms avoid quoting legislation. I have had a few similar experiences where we were appointed too late (imagine that a breach in CDM), the PCs did make attempts and forwarded roughly 20%(if that) of the information I needed. I obtained the rest from making direct contact with the Project Directory. It was very time consuming but the end result is worth it- we did get the H&S File produced, plus we got a heck of a lot of further work from the Designers and the PC, who did see the merits of adhering to the best practice of CDM. I wish you luck with this RHOES. Regards Lee
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#6 Posted : 10 July 2009 10:25:00(UTC)
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Posted By Rodger Alan Ker As already stated, the horse has bolted on this one. However, for the future, consider sending the letter reproduced below to the Client. Our Ref: CDM Co-ordinator Dear M As the Client for the above project, you have appointed XXXX as the CDM Co-ordinator. One of the requirements of the CDM Co-ordinator is to provide the Client with the completed Health & Safety File, usually within one week of completion, of the project. In order to achieve this, it is necessary for the CDM Co-ordinator to have the full co-operation of the Principal Contractor and the other Contractors in supplying the necessary information in a timely manner. If the requested information is not supplied, the Health & Safety File cannot be completed satisfactorily. Therefore, as the Client we would be obliged if you contact the Principal Contractor, and other Contractors that you have appointed, informing them that their contract will not be deemed to be completed, and the final payments authorised, until such time as the CDM Co-ordinator has informed the Client that all the necessary information and documentation relevant to the contract for the Health & Safety File has been forthcoming. Yours Sincerely. If the client doesn't send it, he can hardly complain that he hasn't been advised that the solution is in his control
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#7 Posted : 10 July 2009 12:34:00(UTC)
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Posted By Simon Chidwick I think that you may come to a point where you have exhausted the friendly approach and may need to contact the HSE. Retention is definitely the way to go for the future, lessons learnt the hard way sometimes. As for the letter above, Alan how many projects have you worked on where the CDM-C has the health and safety file handed over within a week of completion? Simon
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#8 Posted : 10 July 2009 12:42:00(UTC)
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Posted By Simon Chidwick Sorry that should be Roger Alan ;-)
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#9 Posted : 10 July 2009 13:01:00(UTC)
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Posted By Rodger Alan Ker Fair point Simon. The work I was involved in was fairly small and one to two weeks delivery was possible. The letter is meant as a template, to be adapted to suit personal requirements, but as stated the general content can be used as useful leverage.
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#10 Posted : 10 July 2009 13:57:00(UTC)
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Posted By Lee Mac I am not one for advocating the use of HSE to obtain information, although I am not saying not to. In an ideal world we would receive all of the information in a timely fashion however a fair percentage of the time it takes us as CDM-Cs to do a bit of persuading. I have had a H&S File produced once which contained the PC's policy, MS, RAs & his insurance. This was despite the fact that he was in attendance at several meetings well in advance of handover and provided with a list of what we needed. Basically it took all hands on deck from our offices to get ALL (and I mean all) the information in. The result was the PC was removed from the select list and today has to travel extensively around the country to obtain small contracts. We on the other hand, developed a fantastic professional relationship with the Design Team and have been appointed as CDM-C on all of their larger projects. Would we have got this work if we had have brought the HSE in is anyone's guess. Karma is a funny old thing!! Note to self leave the hippy stuff at home!!lol Lee
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#11 Posted : 10 July 2009 15:09:00(UTC)
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Posted By tim.preston If all else fails I would write a letter to the PC and state that if a positive response is not received by a given deadline you will have no alternative but to contact the local enforcement officer in the Executive. I'm not suggesting this is the best approach but sometimes you have to get the point across in a firm and fair manner.
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