Welfare is covered by virtue of schedule 2 within the SI of CDM Regs 2007. The duties in relation to the PC are contained within Reg22 which refer you to the schedule. You can now get all these documents for free off the web. Hope this helps, contact me directly if you need me to go through this with you.

We are fully aware of both the regulations and the ACoP and are very experienced in CDM. However our Client / Principal Contractor is splitting hairs. It is the wording and interpretation of the regs and ACoP. What is the difference between 'ensure' and 'provide'. When we act a as PC, we provide welfare facilities for all contractors on site! Regards Mike

Michael: It seems clear enough to me - the regs use different words when they mean different things! The PC does not always need to provide welfare facilities - he needs to ensure that welfare facilities are provided. If he brings half a dozen small operators onto a site - then he might decide it is most cost effective to provide a shared facility to cover all his contractors. If it's a large civils site with a large chunk of plant installation contractors personnel - then the civils PC may require the plant installation Co to provide his own facilities. Its PC choice. It's all down to the other bits of CDM - design co-ordination and site communication / co-operation. Try to discuss it / come to some friendly / mutually acceptable agreement if you can, but recognise that if the PC tells you to provide - then you have to provide. If, as PC on your other projects, your Co always provides the shared facilities - are you sure this is the best arrangement? It doesn't always have to go that way... Steve

Michael, talk to your QS or contracts manager to find out how this has been handled within your contract. If you cannot find anything then it's up to you to provide for your people (your employees). The PC is responsible for ensuring that you do this. The PC will also have employees who'll need to answer the call of nature... In truth, the most cost efficient way is for the PC to procure and supply facilities for everyone on site as contractors will come and go and it doesn't make sense for each one to bring their own facilities with them. If your PC is playing "games" with something as essential as welfare facilities then I fear you're on a slippery slope indeed.

If this was included in the PCs tender offer to you then you are stuck with it. If not included, which I think is the more likely then please feel free to develop the appropriate costing for the PC to accept, remembering to add your 10% on top as a management fee. Many PCs are known to try this on and I am surprised that a CDMC worth their salt accepted such an idea in the CP Plan! As I say if it is not in the contract offer then you can charge what you like. Bob

The Client, PC and CDM/C should agree what is required to be entered into the pre-constuction information pack to allow contractors to tender accordingly. If it doesn't state that contractors are required to provide suitable and sufficient welfare facilities then as stated previously there are a number of options: Contractor supplies them and charges accordingly. PC supplies them free of charge to contractors. Client supplies them free of charge to contractors. Though it is the responsibility of the PC to ensure they are in place it is the responsibility of the CDM/C to iron out such issues. Even with the changes made in 2007 the CDM Regs are still too ambiguous. Sounds to me like both the PC and the CDM/C are passing the buck. You could always give the H.S.E. a call, I'm sure welfare facilities would be in place soon after the visit!!

CDM regs do not state anything about who actually pays for welfare facilities. I agree you should contact the HSE and request a visit. they will no doubt visit and provide guidance to the effect that if there is no welfare the site closes and client and PC will be further investigated. That I am 99.9% certain.