Posted By Fred Wood As we are currently installing a completely new multi-million pound extrusion production line, in a new, purpose built extension to our existing manufacturing units, there has been considerable increased activity involving contractors. The (German) company who supplied the new machinery are also responsible for installation and commissioning and have contracted a mixture of local and Italian mechanical and electrical engineers to assist. The local engineers are being paid directly by us (albeit they are working to the German company's instructions), although the Italian company are being paid directly by the Germans. Recently, an Italian electrian sustained an injury (lacerated hand) that required several stitches when he accidently contacted a sharp piece of metal cable tray. I've since issued them with suitable cut resistant gloves, that provided they are worn would prevent a similar incident. However, I'm wondering about the extent of our liability, given that the contractor had not considered this as a hazard, but we hadn't checked any risk assessments from them prior to starting. Would welcome thoughts/comments

Posted By Ron Hunter Take care that your well-meaning and well-intentioned actions do not add further confusion to the extent and nature of these with local duties and responsibilities. Common custom and practice would be to have the Principal Contractor in charge and responsible for the area under construction. As Client you should have little or nothing to do with day-to-day activities, beyond overlap issues and contractually agreed compliance & performance monitoring. On the face of things, your actions may prove counter-productive.

Posted By Ron Hunter I suggest that this machine installation/fitting out could be considered as an extension of the Construction Phase. We've discussed this in the context and definition of 'construction work' on this Forum many a time. Either way, the lines of responsibility should be clearly drawn, most often by contract terms. The most effective way is to enable the Site or area to be given over to the control of the main/Principal contractor for the duration of the task. Irrespective of all of that,the person engaging the sub-contractor is entirely responsible for his appointments.

Posted By Phil Rose Surely the installation of the kit falls under the definition of construction work under CDM and that this would still be part of the construction phase, therefore I would have thought it would come under the PC's responsibilities.

Posted By Fred Wood Hi Phil, I wouldn't think so - The PC was a local construction company. To me once they'd completed the 'construction' of the new building and handed it over to us their involvement had finished. The 'second phase', i.e. installation of the machinery/production line was/is being carried out by the German machine manufacturers - there is no link between the former and latter other than we are their 'client'. But I wouldn't have thought that the installation of machinery came under the ambit of CDM? Please correct me if I'm wrong.

Posted By Phil Rose Feef * sorry that should have been Fred !

Posted By Fred Wood Phil, Thanks for that. I agree that electrical/gas/water services etc. are part of the 'construction'phase and this all came under the PC's remit. But given that the PC's expertise was in construction and the machinery installation is 'bespoke' equipment manafactured by the German company (and probably the only manufacturer in the world of this specific type of equipment), I wouldn't expect the PC whose expertise is in construction to be involved with them? Or not?

Posted By Fred Wood Thanks Paul, I'd appreciate that. The scenario you describe seems to fit best with the situation here so I'd really value any further information/guidance you could give. Fred.