Rank: New forum user
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Can anybody throw me some assistance, I am currently having some difficulties explaining the selection of Competent Contractors and the role of a CDM-C in that process. The Project Administrator cannot understand why a CDM-C is involed in the selection of Competent Contractors (CC) regarding H&S as per the CDM 2007 Regulations, his thoughts on appointing a CC are that a CDM-C is only involved once the CC has been appointed by the Client and that the CDM-C then advises on the suitability of a CC once he has submitted his Construction Phase Health and Safety Plan. He also suggests that if anything goes pear shaped during the construction phase and the CC doesn't complete on time and to programme the CDM-C should shoulder some responsibility. I have tried to expalain the finer points of the CDM Regs, but to no avail. Can anybody give me some help on this? Thanks in anticipation as I am losing the will to live.
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Rank: Super forum user
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Has a principle contractor been appointed?
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Rank: Super forum user
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Hi, you might like to download the guidance give to Clients and CDMC's from the following Construction Skills website. They set out clearly what each must, and must not, do (separate, free booklets). http://www.cskills.org/s...regs/guidance/index.aspxThere is also a free booklet available from HSE : Indg 411 which sets out what is required of Clients under CDM. I usually supply a copy of this to our Clients so that they clearly understand the relationship between CDMC and Client. If you need further detailed advice including sample letters of appointment I would recommend the "Guide to the Management of CDM Co-ordination" published by the Association for Project Safety (this is very useful and covers a wide range of scenarios, but it is very expensive ; approx £100). PH2
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Rank: Super forum user
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My understanding of the CDM-C role is that he should be in a position to assist the Client in making competent appointments if so requested. ie. "on request" and not a statutory CDM-C function.
This is not something my Organisation has asked the CDM-C to provide up to now.
IMHO, this is a huge ask of any CDM-C given the great complexity of specialist professions in the construction industry. I think acknowledging the limits of one's expertise would be crucial, and there would have to be a recognition that a third-party would be occassionally required!
The suggestion that the CDM-C should take responsibility for shortcomings during the Construction Phase is of course just wrong.
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Rank: New forum user
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Thanks for all the information. I know where I stand as the CDM-C and what is expected of Clients under the regs. No, a PC has not yet been appointed, it is my intention to advise the Client on his selection of a Competent Contractor from the 5 or 6 who are looking at tendering. The Project Administrator (PA) is a very difficult person to work with and I am currently looking at withdrawing my services. I was looking for some specific information relating to the PA's question of the "CDM-C should take some responsibility if things go wrong" At the end of the day as CDM-C I am there to advise the Client on the appointment of a CC, whether he takes on board what I advise is another matter, unfortunately this day and age Clients do go for the cheapest Contractor, after some site visits in the capacity of Safety Adviser, it has not always been a wise choice. Ultimately it is the Clients choice who he appoints and ultimately his burden to shoulder if things go wrong. Thanks again, I will struggle on.
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Rank: Super forum user
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Barcelona
Look at the CDM acop with regard to apponting the CDMC - The HSE view is that they should be appointed as near project inception as possible, even at pre Planning Application. This means they are there to assist the client and this is one good reason why the appointment of a CDMC should normally be NOT an individual. They have the resopurces to undertake such assessments. Tender stage is almost too late unless of courseyou see the role as pure paperwork. Note also that the F10 should be prepared at project inception and this is done by the CDMC
Forget for the moment the problrm of CCs and and remind your project administrator of the potential issues already overlooked.
Bob
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Rank: Super forum user
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It is not part of the CDMC's role to select nor approve: The are only there to 'comment' on any plans etc the PC/designers have put forward.
In my view the project administrator is correct apart from the point that the CDMC should be appointed first not after the PC --- If things go wrong CDMC's have been held liabile for some design and plan areas but providing that they comment correctly [in writing] they have discharged their duty as its the client that overides all comments etc as its their project
Completing to time & money etc has nothing to do with the H&S areas; those are contractural areas but a poor apprasial of the PC's management plan would fail to spot areas that make complying to time lines an impossible target - this is a skill
People are allowing CDMC's to get away with doing things outside their remit according to the CDM regs much ----- This is where a suitable competent person should be involved
A massive gap in the CDM regs exists re 'process management' areas as I have met few CDMC's, PC's nor R7 people with proper process management skills / competences and any management plan should have a process system within it as its core area
The client should have people around him with the correct skills to appraise etc and if a CDMC, R7 person or anybody else is available and competent to undertake that role then so be it but it is not a role described in the CDM regs as the CDMC's duties
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Rank: Super forum user
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C-skills guidance
I personally take issue with the guidance issued by the c-skill people as they have not explained the area properly as the clients adviser is his R7 person - the CDMC is only related to the narrow area of CDM and only in some areas within that regulation; so people looking at the info given out by c-skills will be getting a too narrow a description
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Rank: Super forum user
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Bob
Lets face it most clients are not that well organised and they need assistance with competence assessment and most organisational CDMCs are able to assist - NOT an individual. Do we prefer poor PCs or competent ones selected with the help of the CDMC? I think you lost many people with your C2 and R7 comment
Bob
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Rank: Super forum user
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The reality is that appointment of the CDM-C really takes place way after any feasibility, concept studies have taken place and funding has been secured. Back in 2006, I remember discussing the concept of Regulation 12(1) with other design colleagues and they correctly stated that this aspect of the 2007 CDM Regulations simply would not work.
Only on three occasions have I been involved in commenting on competence, one with a designer after appointment (on a £300m project), as part of project audit team and only once to the appointment of a Principal Contractor!
Although the designer we audited did not have specific QA procedures for undertaking their CDM Regulation 11 duties or recording CPD, ironically this had never been picked up on internal or external ISO 9001 or OHSAS 18001 certification audits or by their SSIPs provider!
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Rank: New forum user
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Many thanks for all your comments, CDM Regs, clear as mud, thanks all.
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Rank: Super forum user
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Bob, the R7 "person" refers to the legal interpretation of the word. Many employers require a host of R7 'persons', both in their employ and beyond, to help them comply (e.g. Occ Health, Hygienists, Water Quality Management, etc.etc.) It is entirely conceivable IMHO that a CDM-C could be construed as fulfilling a part of that more general obligation.
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Rank: Super forum user
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RH I agree with your interpretation except for the CDMC where a specific view of their duties is laid down in the CDM regs and nowhere does it say that the CDMC approves anything nor do they even have to visit site nor do they act as an R7 person ------- even where the CDMC is competent to do so; which many are
The CDMC [in my view] is a specific role with specific duties but the client can commission the person / company acting as the CDMC to act differently e.g. As an appraiser but again that is a different role
Most of the older CDMC's that I know can easily act as the H&S adviser, contractor appraiser, PC, plan and system appraiser, designer, architect etc as they have the competence to do so and v-verse many H&S people are not construction people irrespective of their rank e.g. Chartered so should not act within CDM so its all back to competence
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Rank: Super forum user
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Brings us back to the old chestnut Bob: Who advises the Client as to the competency of his CDM-C appointment!
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