Rank: Forum user
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Would it be possible for someone to confirm if CDM applies here; I'm sure it does but for piece of mind, or to prevent me from making a fool of myself; the brief is:
A person (domestic client) has engaged the services of a builder to to build a house on a plot of land.
The problem is that work has started and the site is not very secure, ( a wall has been knocked down and left open), a neighbours dog wandered in and whilst trying to find the dog a person almost fell down an open excavation.
I'm looking at regs 27, 31 and 36 but the SFAIRP keeps cropping up and I think this might come up as it is such a small site.
This is not a work issue and I'm not personally involved, the question has been asked by a friend, but, I couldn't answer straight away.
I am grateful for any advice.
Paul
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Rank: Super forum user
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Paul
A domestic client has not duties under CDM, unless he/she controls how the work will be carried out...
The contractor still has to comply with parts 1, 2 and 4 of CDM..
Designer have the same duties as always under CDM...
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Rank: Super forum user
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CDM applies to all construction work.
As steve says the domestic client dies not have duties.
Contractor is responsible for securing the site - always.
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Rank: Super forum user
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Rank: Super forum user
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The final answer is thus yes - the HSE guidance on site security will apply and the accident is RIDDOR reportable in my view.
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Rank: Forum user
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Also bear in mind if the house is to be sold, as opposed to lived in by the client or a family member, then this could be considered trade or business therefore the Regs would apply in its entirity e.g. CDM-C, Notifiable etc.
DNW
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Rank: Forum user
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Thank you all for your prompt responses. teh_boy, I did browse the HSE website first but must have missed that as it answered the questions, but again, thanks for the additional information.
Paul
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