I need some clarification please... My company is acting as a main contractor building a new roadside petrol station, with direct access into and off site from a main trunk road. We do not have the necessary skills in the company to do the S278 works and have engaged a specialist highways company to do this for us. The Highways Contractor is constructing the entrance and exit points to our site from the highway up to (but not over) our site boundary; they are not coming onto our site and are not using our site welfare facilities. I am given to believe that apart from duties of communication under CDM Reg 5, we have no other responsibilities to that sub-contractor. However, the contracts manager from this Highways company tells me that he believes he should be working under our site rules; our F10 and that they should be signing in & out of our site and getting a site induction. My response was that they are not working on our site; I agree we have placed the order on them, but if they are not on our site, why should they be treated as if they are... If it complicates matters the F10 for the project says "construction of new petrol station plus associated highways works. Does our site boundary have to temporarily move out to include the highway? or am I right? Any advice would be much appreciated

Hello Another way to look at this is, the only reason the sub-contractor is carrying out these works is for part of the overall project and should be included within the management and F10 of the main project. I also believe the HSE would take a poor view of this situation as they would view this as splitting up a project into mini projects to avoid CDM regulations. hope this helps.

I concur with Marshall16321

On a technicality, how can there be a F10 if you are a Main Contractor? The term “Main Contractor” is only used for non notifable projects. A "Principal Contractor" is appointed for notificable projects where a F10 is submitted and a CDM C appointed. Also how do you define not being on site? Just being the other side of a fence doesn't necessarily mean that you are not on site or under CDM Regulations.

Bob Y Totally with you. This post makes me feel very uneasy. What has happened on other similar jobs? - The number of contractors doing these works is very small so how comes this proposition is being stated? Bob

Nick My time with forecourts was the opposite Bob

My view.... you are acting as PC for the Petrol Station and as PC you have appointed a subbie to construct an access road. This definitely appears to be an integral element of the overall scheme and therefore the subbie is your responsibility to manage and provide welfare for. You may wish to contract out with them the supply of the welfare element but it is still your legal obligation as PC to "Ensure" welfare is provided. I agree with the subbie manager.