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SafetyShinobi  
#1 Posted : 29 May 2012 12:08:44(UTC)
Rank: Forum user
SafetyShinobi

Sorry if this is already posted somewhere else, the search function does not seem to agree with my computer. If someone from an Architect Company needs to visit a construction site who is legally responsible for providing the PPE? Would it be the Architects employer or the principal contractor in site? I know in most cases it is usually decided between the relevant parties but from a legal perspective I am a little confused.
Bob Shillabeer  
#2 Posted : 29 May 2012 12:16:29(UTC)
Rank: Super forum user
Bob Shillabeer

Quite simple really, it is the principle contractor as he is in control of the site. He has the legal responsibility to ensure any PPE required is worn and the best way to do that is to provide it to any type of visitor on a simple common usage arrangement. He therefore fulfills his legal duty as the site controller to ensure PPE is worn by anyone on site.
RayRapp  
#3 Posted : 29 May 2012 12:21:06(UTC)
Rank: Super forum user
RayRapp

The duty to provide PPE at no cost to the employee lies with the employer. If, a person turned up on site with no PPE the PC could refuse access to the site, provide it on a goodwill basis to be returned, or in some cases charge the employer for providing it.
SafetyShinobi  
#4 Posted : 29 May 2012 12:22:33(UTC)
Rank: Forum user
SafetyShinobi

Ah right, I was thinking it could go either way as the Architects employer has a duty to risk assess the task and then provide PPE if appropriate. Having said that, it would be a trifle difficult to risk assess before anyone has even got to the site!! Do you know if it says anything to that effect in the PPE Regs? I have been searching in the guidance and can't find any reference to it even though it must be a very common situation.
SafetyShinobi  
#5 Posted : 29 May 2012 12:23:31(UTC)
Rank: Forum user
SafetyShinobi

Sorry RayRapp- you replied as I was typing. So the legal position is employer has to supply unless other arrangements are in place with the PC?
SP900308  
#6 Posted : 29 May 2012 12:30:03(UTC)
Rank: Super forum user
SP900308

SafetyShinobi, I would expect the Architect to have a very good idea of the risks on-site. After all, the Architect is probably the lead designer and would therefore need to understand the constructability risk issues at an early stage! To answer your question, statutory speaking, as Ray has said it is up to the Architect's employer to ensure his health and safety (including making simple enquiries as to what the site PPE requirements are).
Bob Shillabeer  
#7 Posted : 29 May 2012 14:12:59(UTC)
Rank: Super forum user
Bob Shillabeer

Sorry I misunderstood the original question Ray is right the basic responsibility lies with the organisation visiting the site as they have the legal duty to provide what is needed in order to undertake the task or tasks thier employees undertake. But, the responsibility to ensure it is worn rests with the site controller thence my response for the principle contractor to supply any PPE required when it is not already in the visitors possession, he could of course refuse to let them enter the worksite, but would that be the best solution as the architect may well have powers to stop the principle contractor doing any work. Its all about working together to reach the required goal, i.e. get the building b uilt.
RayRapp  
#8 Posted : 29 May 2012 16:52:54(UTC)
Rank: Super forum user
RayRapp

'So the legal position is employer has to supply unless other arrangements are in place with the PC?' Correct. However, the sensible approach is as per Bob's posting - ask the PC what is required? Normally hard hat, boots, hi-vis, possibly glasses and gloves. I would have thought a visiting architect would have some PPE to begin with, most PC's are willing to provide basic PPE to site visitors, not boots for obvious reasons. Crack on.
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