Just "flying a kite" to see how many agree with my interpretation of this particular problem.
I am working for a contractor whose work is limited to soft and hard landscaping and tree surgery. He is being asked to jump through all of the usual hoops and his main clients are demanding "Safe Contractor" accreditation. The Safe Contractor questionnaire is asking for information about his management of CDM in terms of him being a "Principal Contractor".

My take on this is that I don’t see a problem with his need to comply with CDM as a “Contractor”, he would have to do that anyway if the work was part of a bigger project. The duties of a “contractor” under CDM are in effect no different from what he would have to do under other Health and Safety legislation. I would however argue that, even though he sometimes employs sub-contractors, he is not a “Principal Contractor” within the meaning expressed in the CDM regulations because he is not doing “Construction work” as defined in the regulations.

His work does not come within the CDM regulations because he does not work on a “structure”. The regulations define structure as: -

“…any building, timber, masonry, metal or reinforced concrete structure, railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line, cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure or structure designed to preserve or alter any natural feature, fixed plant and any structure similar to the foregoing…”

The only category that I can see that might apply would be “earthworks” but by earthworks they mean construction work involving excavating, earthmoving, and building embankments. His use of earthmoving equipment is limited to creating beds and borders or areas of hard standing and he would not be completely remodelling a site.
Do I hear general agreement out there?

Thanks for your input Bob. When you say "as I understand it lanscaping (sic) is exempt" do you mean as you understand the CDM regs. or are you quoting some other authority or knowledge?

I agree that the Safe Contractor questioner needs more than a little firm guidance however I wouldn't agree that a Landscaper is never capable of being a Principal Contractor. I agree it would be unusual but not impossible, after all being a PC is not related to your work skills but to your ability to manage other contractors.

Have a look at this

http://landscapeinstitut...0Practice%20Note%208.pdf

This practice note should clarify most things and I would be very tempted to use it to answer most questions these schemes throw.

As you will see that the HSE do not want to be worried about such things until they form part of a larger project. If you are suggesting that you do occassionally erect structures that are larger than sheds and these take more than 28 days then indeed you will need to be a PC or appoint one as a client.

I note that your potential role as client does not worry them:-)

Bob