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#1 Posted : 10 July 2009 15:53:00(UTC)
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Posted By ian_f A CDM-C wishes to see training records of all operatives at the start of a project in our CPP...I don't have a real problem with this. However some elements of work have not yet been resourced by either us (PC) or our subbies and therefore I'm saying that these will be forwarded in due course at the time when the work has been resourced and well before the specific work is to start i.e not 10mins during the site induction when it is discovered that said person is not adequately trained! I am being told that this doesnt show sufficient and adequate planning...? Any suggestions of how I can constructively move this impasse forward; other than saying go blow monkeys!? The CDM-C is refusing to provide an updated F10 etc... cheers...
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#2 Posted : 10 July 2009 16:27:00(UTC)
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Posted By Philip McAleenan Ian, Whilst it may not be problematic, it strikes me that it is outside the remit of a CDMC. As the principal contractor you have already demonstrated to the client that you are a competent company. Likewise when you or the client engages sub-contractors, it is for you/them to determine whether they have the necessary competencies to undertake the work. The CDMC may be able to assist in the assessment process, but the ACoP refers to the assessment of key individuals not to every person that will be on site. The assessment of individual site workers is the responsibility of the employer for whom they work. As the principal contractor you have the overall responsibility for safety during construction, and the CDMC is responsible for providing you with information, managing the flow of health and safety information between you, the client and designers, and receiving from you relevant information for the health and safety file. Projects are not expected to be planned out to the smallest degree prior to commencement of construction. A broad based plan for the project with the detail being filled in, in sufficient time for it to be implemented prior to the stage to which it applies comes about is a rational view to planning. To convince the CDMC, use the relevant sections of the ACoP to support your case... Regards, Philip
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#3 Posted : 10 July 2009 16:56:00(UTC)
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Posted By Ron Hunter Training Records are not a valid part of the initial Construction Phase Plan. A wee word to your commissioning Client would be in order. Your Client had the task of assessing your Organisation's competencies at Tender Evaluation stage, similarly, it is entirely your responsibility to assess and determine the competency of your appointments. Sometimes you just have to dig your heels in and say no. Focus your efforts on responding to the Project Specific unusual hazards idnetified via the pre-construction information arising from the design, existing structures and environment - the real purpose of the intitial CPP and a proper focus for scrutiny by the CDM-C.
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#4 Posted : 10 July 2009 16:58:00(UTC)
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Posted By Ron Hunter I missed the last bit of your post. On what basis is he withholding a copy of the F10?
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#5 Posted : 10 July 2009 17:01:00(UTC)
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Posted By Brett Day How about submitting your own F10 to the HSE with a note explaining that the CDM-C is withholding notification ? IMO his demands are OTT. Like a previous poster I would want to see evidence of competencies for 'Key' people, as an example the site / project manager, but every operative on site - no way !
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#6 Posted : 10 July 2009 17:13:00(UTC)
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Posted By Jason Cox Hi Ian I'm assuming of course the CDM C can produce evidence of his / her competence??? I'm having the opposite at the moment where I have a site in which the CDM C is somewhat anonymous to say the least!! All good fun eh?
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#7 Posted : 10 July 2009 21:20:00(UTC)
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Posted By ian_f Ron, CDM-C witholding the F10 on the basis of incomplete CPP i.e lack of the training records; there were also a few others issues as well...a date typo on a method statement, no review date on a risk assessment (didn't think that was a legal requirement?) and they were trying to insist that we include within our CPP that operatives required dismissal for failing to comply with the site rules!!!). I'm still fuming about this tbh...especially as the client is willing to accept this advice. gggrrrr!
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#8 Posted : 10 July 2009 21:42:00(UTC)
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Posted By PJA TOTALLY INCOMPETANT CDMC,HAS ANYTHING REALLY CHANGED SINCE THE PREVIOUS REGULATIONS ON THIS SUBJECT? THESE SORT OF PEOPLE NEED TO BE TAKEN TO TASK AS THEY ARE STILL AT IT. ONCE HAD A JOB WHERE THE CPP GOT REJECTED AS I ONLY PUT THE PLANNING SUPERS NAME IN AND NO LETTERS AFTER IT!!!
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#9 Posted : 10 July 2009 23:23:00(UTC)
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Posted By Ron Hunter I understand your dilemma Ian, not uncommon unfortunately. Do you roll-over, or do you enter into a 3-way dispute with the Client in the middle? Either way the actions of the CDM-C may reach the point where the start of the Construction Phase may be delayed. Me, I'd stick to my guns. Whilst I'd make it clear that your ethos is always one of cooperation, communication and coordination across the Project,I'd also make it very clear there is no legal or contractual obligation to fetch and carry reams of training records. You (and the CDM-C) have better things to do. One wonders if this individual would be in a position in any event to evaluate the suitability and sufficiency of these records, were you to provide them? I say again, stick to your guns. You could also perhaps extend an invitation to the CDM-C to visit your offices and peruse these records at his leisure - but they don't belong in the CPP!
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#10 Posted : 11 July 2009 07:41:00(UTC)
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Posted By Robert K Lewis I have an extreme reluctance to pass out any personalised training records as these do constitute data subject to Data Protection Act. I have no real problems with key staff as I can get their authority but others are a real problem. I also prefer to get people to come and inspect the records as this maintains control over the copying of information to all and sundry. I suspect the contract contains no specific requirement to provide such detailed records and as there is no specific legal requirement then a request for substantial additional payment per view may dissuade many from pursuing this. I do agree however that this CDMC is not at the level of competence one would like! On the F10 issue this actually is totally divorced from the CPP issue in the regulations and is a requirement on the client/CDMC that it is done as soon and early as possible. As long as the details include you as PC the copy is sufficient for legal purposes. However if the refusal is to put your organisation onto the F10 until CPP approved then the CDMC and the Client are in breach. If the dismissal rule was not set out in the pre construction information it cannot be forced only negotiated. If it was in the PCI then I am afraid it is a client rule and has to be accepted. I too am concerend about review dates and look for a statement within CPP that each assessment will be updated prior to the task commencing. I can readily check that this is done if required to do so. If you need any practical help please shout as I am relatively free to assist now days:-) Bob
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#11 Posted : 11 July 2009 12:28:00(UTC)
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Posted By ian_f Ron, 3-way communciation with a client and CDM-C from the same organisation...I'm struggling to get any sense especially when the client is happy to accept the CDM-C's advice!?! Robert; interesting point about Data Protection, I might use that! The initial F10 was completed a year ago (including our PC name) and then job was put on hold; a revised F10 is now required with updated programme dates etc. Client won't provide written acceptance of our CPP on the basis of CDM-C's advice. I am minded to make a complaint to the APS...anybody done that before with success?
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#12 Posted : 11 July 2009 15:38:00(UTC)
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Posted By ian_f Robert, I forget to add; would you determine key persons on a project when they have to remove acm roof slates in accordance with asbestos essentials? cheers
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#13 Posted : 11 July 2009 18:08:00(UTC)
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Posted By Robert K Lewis Ian No - the key people are the senior staff you employ to run the project - no others. Your subcontractors are you to all intents and purposes. Wrong dates do not invalidate the notification. However go down the contract route first. Bob
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#14 Posted : 11 July 2009 20:43:00(UTC)
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We are sure it will be the most popular page on the site and we could offer your company some fantastic exposure. [reference removed] is only six weeks old but already proving hugely popular with almost 1000 members, the site has so far grown mostly on word of mouth. Only now are we starting to appear in search results and directories. I think this demonstrates how much of a hit the site is. We hope [reference removed] becomes the one place recruiters go when looking for candidates, Candidates when looking for jobs, Companies when looking for Consultants and [reference removed] when looking for information or training courses. The site is currently receiving over 2500 hits a week and that is increasing with every new member that signs up. We are working hard to appear at the top of Search Engine Results and even though it takes time and a lot of effort we are committed to making [reference removed] a Success. I would like to take this opportunity to invite you to create a profile on [reference removed], Advertise your company or business and have a feel round see what you think. If you see the potential in the site and wish to support it by any of the above mentioned methods then please do drop us a line. Your support will make the site a success and hopefully the one stop shop for everything HSE. Hope to see you there. Kevin Forbes www.hsepeople.com
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#15 Posted : 12 July 2009 06:38:00(UTC)
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Posted By ian_f THX 4 THAT...
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#16 Posted : 13 July 2009 17:39:00(UTC)
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Posted By bluesail461 Hi, As a CDM-C I would not normally ask to see directly the training records at the start of the job, we are there to ensure compliance with the CDM Regs, it is up to the PC to develop and manage the plan according to the risks involved. I would recommend (as a CDM-C) that the measures that are put in place are proportionate to the risks identified within his H&S Plan and based on their assessment of the project and the information that I would provide in the PCI and designer risk assessments. It may be that I would recommend that training records are retained onsite so that the PC can demonstrate through their own audits that only competent persons are undertaking particular tasks. The audits results can be reported at Project Meetings at which I may, or may not, be in attendance dependent on my agreement with the client. I DO insist on site specific information, too many times on smaller jobs I have been given generic H&S Plans which I ask to be made site specific. If on the project in question there is a particularly high risk activity right at the very start, I may request confirmation from the PC that this work is being carried out by competent trained staff and may ask for some evidence of this - but this would be very much a one-off and I would rather be looking at lower-risk alternatives and not use this as any form of stick to beat up the PC with - at the end of the day we have a collective responsibility (Client, PC and CDM-C) to see that the project is completed safely and smoothly. Hope this helps, rant over! jez
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