At a recent meeting on Energy Efficiency a question was raised on the Health and Safety management of ongoing programmes. There is a programme, UHIS, which we ‘direct’ which is government funding to owners to carry out works. In terms of CDM, I see the following: The UHIS scheme is government funding to individuals to carry out works. Contracts are signed between owners and the contractor. Each installation is a separate contract. I therefore see this as a domestic contract and outwith CDM. Our responsibility is to decide which areas the contractors can work in, and to record the spend against the grant to inform the Government. WOuld this be correct?

hightower, 'outwith CDM' - you suggest CDM regulations don't apply. Have a look at INDG411 which offers a quick explanation/definition: 1. A domestic client is someone who lives, or will live, in the premises where the work is carried out. 2. The (domestic) premises must not relate to any trade, business or other undertaking. 3. Although a domestic client does not have duties under CDM 2007, those who work for them on construction projects will. So, does that help you clarify the situaton? You make decisions, so who is the 'designer' of the project(s)? JohnW

No monies actually change hands The tenant requests a survey for cavity wall and attic insulation, (this can be done through a 'cold-call' and or a visit to a local authority 'help-centre', on reciept of a survey, they are 'signed-up' by the contractor to have the works carried out. Yes, 'Outwith CDM', was in relation to clients duties

the appointment of the contractors was outwith my control, albeit, i would be more than happy to monitor and audit them.

I believe the tendering / procument process is government run

I don't believe no money changes hands - I'm sure the contractors aren't doing it out of the goodness of their hearts. With that description I'm not confident it's not a domestic client situation. Note that the regs don't talk in terms of domestic projects or domestic works - it is works for domestic clients. See ACOP paragraph 29 - "It is the type of client that matters, not the type of property" and following. Who is actually the client probably depends upon the detail of the appointment of the contractors - I can envisage appointments that could work either way. If someone has appointed a contractor (or contractors) to do installation to domestic premises, then that person is the client for CDM purposes. If there's a funding mechanism whereby contractors claim recompense for certain classes of work that they then do for free for their client, then it could be a domestic client.

I don't know if there are any similarities but I have dealt with a few local authorities (not Scotland it must be said) and their legal departments who try to dodge CDM duties with grant work by giving the domestic client the money to pass on to the contractor. This is despite the fact that the authority are choosing the contractor (sometimes only allowing those from their approved list) and directing and inspecting the work as it progresses. With grant work it is only not CDM notifiable and all that entails if the domestic client chooses the contractor and those paying the grant just pass on the money with little or no involvement. For this scheme, the LA's would probably have a list of contractors but if they direct the householder to use a specific one I'd say they are then directing the work and take on client duties.

thanks folks!! CDM will now apply!