Amongst other duties the principal contractor (PC) is the key duty holder to ensure effective management of Health and safety throughout the construction phase of the project. The PC is required to ensure that the construction phase is properly, planned managed and monitored with adequate resourced competent site management appropriate to the risk and activity. The PC should take reasonable steps to prevent unauthorised access to the site, the PC will be required to prepare and enforce any necessary site rules. However they are not required to undertake detailed supervision of contractors work. So the short answer is that they are(probably) not fulfilling their duties as per CDM 2007. Perhaps you should discuss this matter with them and get clarification on their position.

Quote=Lawlee45239] Is the said PC a management company or a working PC ( I guess from the above they are management)?? If the former they will have it written somewhere in their contracts a loop hole to get out of this, so check out the contract.

To turn this around a bit then, if we ask: "does CDM require the PC to have a continuous supervisory presence on-site", then the answer is no. Ergo, the answer to "can he come and go as he sees fit" is: yes, with the proviso that necessary induction takes place, he is reasonably satisfied as to the competence and behaviours of those working on site, and adequate arrangements are in place to prevent unauthorised access during and off-shift.

Guys, I guess a good example would be where a PC has engaged a number of sub-contractors to carryout highway related utility works - say along a stretch of 20Km. Sub-contracting the work maybe the only way the PC can resource it but would it be necessary / reasonable for him to be present at multiple site locations (technically one site for the purposes of CDM) all the time? In this scenario, I'd imagine you'd have a roving PC 'site manager' who'd 'drop-in' at each site, periodically throughout the day. Does this satisfy the requirements of CDM? Is this adequate management and monitoring of the works by the PC? What do you think?

Ally, Although paragraph 150 c of the ACOP for 2007 CDM Regulations state that the Principal Contractor must; “ensure that the construction phase is properly planned, managed and monitored, with adequately resourced, competent site management appropriate to the risk and activity. If you look at paragraph 175 of the ACOP, this also clearly states that the “Principal contractors don't have to undertake detailed supervision of contractors' work”.