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Eddie1  
#1 Posted : 11 August 2014 16:02:02(UTC)
Rank: New forum user
Eddie1

http://www.hse.gov.uk/ab...s/hseboard/2014index.htm

The HSE have published their response to the consultation document. Is seems the HSE have ignored any responses that they didn't agree with and in particularly the IOSH consultation response. Sounds like a rubber stamp job at the HSE Board meeting on Wednesday!

PH2  
#2 Posted : 11 August 2014 17:17:56(UTC)
Rank: Super forum user
PH2

Hi Eddie,
Thanks for highlighting the link. Yes, as expected it is a complete whitewash and a backward step for construction health and safety. Vested interests win again.

PH2
6foot4  
#3 Posted : 18 August 2014 08:41:04(UTC)
Rank: Forum user
6foot4

Nobody has anything more to say? The HSE disregarding the voice of CDMC services providers as a campaign and therefore worthy of being discredited have in the same breath ignored the voice of a significant number of IOSH members - I would wager that most CDMC providers are members of IOSH albeit at various levels. I would also hazard a guess that many of the comments submitted on a single commentary were on behalf of a number of members of IOSH represented by one submission, so the true number is not reflected in the consulatation paper. The argument that could be posed that the APS is not a voice worthy of representing H&S proffesionals is quickly diluted when one considers that Rob Strange, CEO of IOSH for 12 years, has been the APS CEO for the past 4 months.
allanwood  
#4 Posted : 18 August 2014 10:15:43(UTC)
Rank: Forum user
allanwood

What will become of the A.P.S. ? will they re-invent themselves again like they did after the introduction of the 2007 regs?
paulw71  
#5 Posted : 18 August 2014 11:38:08(UTC)
Rank: Super forum user
paulw71

allanwood wrote:
What will become of the A.P.S. ? will they re-invent themselves again like they did after the introduction of the 2007 regs?



They already have membership catagories for registered designers and construction safety professionals in addition to the CDMC. I would imagine they will merely add a higher health and safety qualification requirement or test to their designer membership requirements and start trying to make it a benchmark for the Principal Designer role.
They will probably also shortly start rolling out a "Learn to be a Principal Designer" course as an extra money spinner to make up for the CDMC membership fees they will be losing.

I dont think they will have any need to re-invent themselves this time as there title doesnt contain a direct reference to a role this time. As for whether they will survive for long after this change of regulations only time will tell.
Ron Hunter  
#6 Posted : 18 August 2014 12:58:48(UTC)
Rank: Super forum user
Ron Hunter

Thanks for the link.
A swift scan reveals that HSE propose to retain a shortened focussed ACoP and propose to revisit several areas as a result of responses received. Not a 'complete whitewash'.
Stedman  
#7 Posted : 18 August 2014 14:18:37(UTC)
Rank: Super forum user
Stedman

paulw71 wrote:
allanwood wrote:
What will become of the A.P.S. ? will they re-invent themselves again like they did after the introduction of the 2007 regs?



They already have membership catagories for registered designers and construction safety professionals in addition to the CDMC. I would imagine they will merely add a higher health and safety qualification requirement or test to their designer membership requirements and start trying to make it a benchmark for the Principal Designer role.
They will probably also shortly start rolling out a "Learn to be a Principal Designer" course as an extra money spinner to make up for the CDMC membership fees they will be losing.

I dont think they will have any need to re-invent themselves this time as there title doesnt contain a direct reference to a role this time. As for whether they will survive for long after this change of regulations only time will tell.

It is interesting to see that APS have also quietly dropped their Chartered application!
paulw71  
#8 Posted : 18 August 2014 14:44:22(UTC)
Rank: Super forum user
paulw71

Stedman wrote:
paulw71 wrote:
allanwood wrote:
What will become of the A.P.S. ? will they re-invent themselves again like they did after the introduction of the 2007 regs?



They already have membership catagories for registered designers and construction safety professionals in addition to the CDMC. I would imagine they will merely add a higher health and safety qualification requirement or test to their designer membership requirements and start trying to make it a benchmark for the Principal Designer role.
They will probably also shortly start rolling out a "Learn to be a Principal Designer" course as an extra money spinner to make up for the CDMC membership fees they will be losing.

I dont think they will have any need to re-invent themselves this time as there title doesnt contain a direct reference to a role this time. As for whether they will survive for long after this change of regulations only time will tell.

It is interesting to see that APS have also quietly dropped their Chartered application!



To be honest they have really got on my nerves lately and I will not be sad to see them go under.
They provide next to nothing for their membership subscription except a (very) minor discount for overpriced mediocre CPD sessions.
When the CDM change was initially being publicised, prior to the consultation, they said such and such from the HSE would be appearing at their conference to answer questions. They never materialised. They cant even be bothered to keep the website updated regularly (for instance it still says the CDM consultation is ongoing). Yet Months before your membership is up for renewal they are all over you like a bad rash for payment.

If they are to continue I really think they need to up their game dramatically as when people stop needing the RMaPS post nominals as a pre-requisite to getting job they havnt got a whole lot else to offer.
firesafety101  
#9 Posted : 18 August 2014 16:39:27(UTC)
Rank: Super forum user
firesafety101

Is there a certain bitchyness going on here against the APS?



boblewis  
#10 Posted : 18 August 2014 19:35:43(UTC)
Rank: Super forum user
boblewis

Firesafety

Nope - just a healthy recognition that the original guise of APS was a deliberate attampt to make a profession that was never meant to exist even in 1994. It has not added much since in spite of its weird claim to be the leader of construction safety.
John M  
#11 Posted : 19 August 2014 03:06:33(UTC)
Rank: Super forum user
John M

Spot on Bob, I will not mourn the demise of the APS - even though I am a member. I will not be renewing membership in October.

I seem to recall that IOSH opposed or were minded to oppose the APS application for Chartership.

The HSE have no favourites - not even IOSH!!!!!!

Jon
redken  
#12 Posted : 19 August 2014 10:18:34(UTC)
Rank:: Super forum user
redken

SP900308  
#13 Posted : 19 August 2014 11:07:38(UTC)
Rank: Super forum user
SP900308

My APS Membership is up for renewal now, I won't be renewing it either!
Simon
Stedman  
#14 Posted : 19 August 2014 11:32:14(UTC)
Rank: Super forum user
Stedman

John M wrote:
Spot on Bob, I will not mourn the demise of the APS - even though I am a member. I will not be renewing membership in October.

I seem to recall that IOSH opposed or were minded to oppose the APS application for Chartership.

The HSE have no favourites - not even IOSH!!!!!!

Jon


John,

I also am not going to renew my membership in January and I have also taken the policy decision to stop using my RMaPS post nominals.
Stedman  
#15 Posted : 19 August 2014 11:47:32(UTC)
Rank: Super forum user
Stedman

redken wrote:
http://www.shp4jobs.co.uk/job/315919/technical-and-standards-manager/


To quote from my NEBOSH Certificate studies back in 1991 'res ipsa loquitur'. Have you seen the salary!
firesafety101  
#16 Posted : 19 August 2014 12:21:39(UTC)
Rank: Super forum user
firesafety101

If not bitchyness then it seems there is a lot of pleasure in the potential demise of APS?

Is this professional?
paulw71  
#17 Posted : 19 August 2014 12:46:32(UTC)
Rank: Super forum user
paulw71

FireSafety101 wrote:
If not bitchyness then it seems there is a lot of pleasure in the potential demise of APS?

Is this professional?



For many years anyone wanting to get employment as a CDMC (and previously as a planning supervisor) has , more often than not, been required by employers to be a member (usually a registered member) of the APS as this was, and still is, considered by many employers a demonstration of competence. The APS in no small way perpetuated this myth to the point where, as stated previously, it was virtually a pre-requisite to getting a job as a CDMC.
My personal feelings are that the APS considers that, as they have virtually a monopoly on CDMC`s they need to provide you nothing more (or not much more) for your annual membership than just the right to use the RMaPS post nominals.
Other parties may feel differently towards them but this is my opinion. In answer to your question purely professional.
firesafety101  
#18 Posted : 19 August 2014 16:00:50(UTC)
Rank: Super forum user
firesafety101

While I hear what you say, and do agree, surely it was down to the ignorance of the Client in thinking APS membership was proof of competence?

Not all clients think that way, I actually operate as CDM C for a Designer and without any such qualifications or membership. The Client doesn't think APS membership is required.

There are many contractor competence checking organisations out there who operate for their own rewards and Clients seem to think membership of such schemes is proof of competence, (some contractors have to be members of more than a few schemes) and this is similar ignorance in my opinion.

Talk about kicking a man when he's down ?

I believe the membership of IOSH are better than that.
paulw71  
#19 Posted : 19 August 2014 16:24:50(UTC)
Rank: Super forum user
paulw71

FireSafety101 wrote:
While I hear what you say, and do agree, surely it was down to the ignorance of the Client in thinking APS membership was proof of competence?

Not all clients think that way, I actually operate as CDM C for a Designer and without any such qualifications or membership. The Client doesn't think APS membership is required.

There are many contractor competence checking organisations out there who operate for their own rewards and Clients seem to think membership of such schemes is proof of competence, (some contractors have to be members of more than a few schemes) and this is similar ignorance in my opinion.

Talk about kicking a man when he's down ?

I believe the membership of IOSH are better than that.





If you look at virtually any current CDMC vacancy there is a requirement for the applicant to have registered membership of the APS. That is a fact.
Also as part of my job role I have to complete pre-qualification questionnaires for very large construction projects and client frameworks for provision of CDM services and "ALL" of them without exception require that the CDMC who will work on the project is a registered member of the APS and also a large number require that your company is a corporate member.

While I dont doubt your statement that you have been employed as CDMC on projects without APS membership or qualifications I dont consider your individual experience is representitive of the industry as a whole.

achrn  
#20 Posted : 19 August 2014 17:00:56(UTC)
Rank: Super forum user
achrn

FireSafety101 wrote:
If not bitchyness then it seems there is a lot of pleasure in the potential demise of APS?

Is this professional?


It may not be 'nice', it might even be 'not quite cricket', but if it's someone's opinion that the APS does not offer value-for-money and does not enhance the cause of safety in construction, I fail to see how it can possibly not be professional to say so. In fact, I'd expect a professional to be more likely to highlight matters such as value-for-money, not less.

If a professional operating in the field thinks that the industry would better off without the APS, it would be unprofessional NOT to say so, in my opinion.

Personally, I will not mourn the passing of the CDM-C role, and consequently will not mourn if the body that was instrumental in making it into a profession also passes away. In my view, if you have to legislate a role into existence, it's probably not one that adds value.
6foot4  
#21 Posted : 19 August 2014 17:43:06(UTC)
Rank: Forum user
6foot4

Originally Posted by: achrn
Personally, I will not mourn the passing of the CDM-C role, and consequently will not mourn if the body that was instrumental in making it into a profession also passes away. In my view, if you have to legislate a role into existence, it' Go to Quoted Post


I hear what you are saying - but then isn't the general competent Health & Safety Advisor type role also legislated for by reg.7 of the Workplace Regs? By that logic, the general H&S role does not add value either.

I think the true test of whether the Planning Supervisor/CDMC added value will be whether compliance with the CDM Regs stays the same or is lowered - I have encountered many Principal Contractors who fail to follow their own processes for putting in place a site specific Construction Phase Plan. In fact, I have found from experience that many large Client organisations do not have the time or resource in terms of reg.7 to monitor their construction projects and the CDMC helps alot with this - the H&S guys I have encountered at large multi-national organisations are too busy running around doing DSE asessments or taking care of office risks (I am being over the top) - but as a CDMC I know we add value when we have assisted the Client on numerous occassions to ensure a "competent" and well resourced Principal Contractor has a simple Construction Phase Plan in place which is site specific - I sometimes shudder when meeting CMIOSH level folks who know nothing about construction safety, perhaps because they are to busy dealing with more regular business risks.
Stedman  
#22 Posted : 19 August 2014 17:48:55(UTC)
Rank: Super forum user
Stedman

FireSafety101 wrote:
If not bitchyness then it seems there is a lot of pleasure in the potential demise of APS?

Is this professional?


FireSafety,

I think that you will find most of the negative APS concerns on this thread are coming from existing APS Members CDM-Cs like myself.

Even if you meet the stage 1 criteria outlined in appendix 5 of the ACOP with Chartered Membership of relevant construction institution, without the magic RMaPS post-nominals you are simply not seen as having the necessary competence when tendering for new work.


firesafety101  
#23 Posted : 19 August 2014 19:43:00(UTC)
Rank: Super forum user
firesafety101

Achrn I receive my CDM C work from a designer who will become Lead Designer as soon as the CDM C role will be no more.

I recently argued against his request for me to compile a set of Design Risk Assessments that he had been asked for by one of his Clients.

An example of me highlighting a matter that was not required. I lost the argument despite him seeing the point but as it was a request from his client he was reluctant to argue the point with him.

I wonder if the APS will now set up an Association of Lead Designers and if they do will Lead designers join as a matter of course?

IMO it would be better if none joined any such association then there would be no association for clients to refer to?

John M  
#24 Posted : 20 August 2014 04:46:55(UTC)
Rank: Super forum user
John M

6foot4 wrote:
achrn
I sometimes shudder when meeting CMIOSH level folks who know nothing about construction safety, perhaps because they are to busy dealing with more regular business risks. [/quote wrote:



The comment above chimes well with events on this project. Level 6 is a pre-requiset for safety bods (advisors) on this project. Over the past 3 months at least 6 CMIOSHs, have been run off because of their lack of knowledge, ability or techniques. A few more have been sent packing because of poor application/ attitudes.

The main contractors are becoming more cautious and beginning to look beyond the magic post nominals.

RMaPS don't even get a mention.

Jon
achrn  
#25 Posted : 20 August 2014 08:54:17(UTC)
Rank: Super forum user
achrn

6foot4 wrote:
Originally Posted by: achrn
Personally, I will not mourn the passing of the CDM-C role, and consequently will not mourn if the body that was instrumental in making it into a profession also passes away. In my view, if you have to legislate a role into existence, it' Go to Quoted Post


I hear what you are saying - but then isn't the general competent Health & Safety Advisor type role also legislated for by reg.7 of the Workplace Regs? By that logic, the general H&S role does not add value either.


I'm not sure of the relevance of reg 7 of teh workplace regs, but actually, I did think about H&S roles before posting, and there are others that could be used to argue that case - union representation in various roles, for example. However, I don't think they disprove or contradict my point, because actually much of the industry (construction, at least - I have no detailed first-hand experience in others) is now going above-and-beyond the legal minimum requirement. If they are doing more than the statutory minimum, I think the role is not one that is legislated into existence - it's a role that industry has decided to implement that also satisfies the legislation.

Returning to the union roles (since I brought them up), they are closer to a role that is merely legislated into existence, but actually the legislation in that case is more in the manner of an arms control treaty - it benefits both sides of any would-be conflict to have clearly defined and agreed limits to each side's powers - crudely, they may be more like the rules in competitive game (rugby, cricket, whatever). Besides which, unions weren't legislated into existence - legislation formalised teh powers of the bodies after they existed.

6foot4 wrote:
I think the true test of whether the Planning Supervisor/CDMC added value will be whether compliance with the CDM Regs stays the same or is lowered


No, that is something like begging the question. That's assuming that the purpose of the CDM Regs is to further compliance with the CDM Regs. That's not the case - the CDM Regs are not an end in themselves, the purpose of the CDM Regs is to improve safety in the design and management of construction.

Complying with the CDM regs does not in any way add value. Processes that result in sites which don't kill and injure people add value. Compliance with regulations alone does not.
RayRapp  
#26 Posted : 20 August 2014 11:17:19(UTC)
Rank: Super forum user
RayRapp

John M wrote:
6foot4 wrote:
achrn
I sometimes shudder when meeting CMIOSH level folks who know nothing about construction safety, perhaps because they are to busy dealing with more regular business risks. [/quote wrote:



The comment above chimes well with events on this project. Level 6 is a pre-requiset for safety bods (advisors) on this project. Over the past 3 months at least 6 CMIOSHs, have been run off because of their lack of knowledge, ability or techniques. A few more have been sent packing because of poor application/ attitudes.

The main contractors are becoming more cautious and beginning to look beyond the magic post nominals.

RMaPS don't even get a mention.

Jon


Qualifications/ post nominals alone do not maketh the man. That said, messengers tend to get shot in this industry.

Ray
firesafety101  
#27 Posted : 20 August 2014 12:17:05(UTC)
Rank: Super forum user
firesafety101

Does anyone know if the changes will be actioned April or October 2015, or even later ?
boblewis  
#28 Posted : 20 August 2014 15:52:29(UTC)
Rank: Super forum user
boblewis

As a now retired Fellow and formerly CFIOSH with 30 years nigh on in construction, I have to say that I find it rather disconcerting to find an accusation that suggests that a mere CMIOSH has no knowledge of construction. I know many many non CMIOSH people who claim to be the bees knees in construction safety and are not. Frighteningly thay also are writing and developing policies for larger organisations which are cribs of poorly constructed copies of other poorly developed ideas.

So let us not throw generalised abuse about as I know that many lesser qualified people believe that they are far better than anyone else and similarly there are similar CMIOSH who make the same claim - both falsely.

Construction as an industry is much more than site safety alone; it requires a range of skills, knowledge and other qualities, and ANYBODY who argues otherwise really should not be working in the sector. Yes I have removed many a member from post at CMIOSH, the old MIOSH and Associate level plus others who claimed their time in the industry was more than enough. These are the reasons why the old PS and CDMC role has failed - simply because they claimed to be specially knowledgeable about construction safety. There was a time when I raised the issue of registering all construction members of IOSH who could demonstrate their construction CV as well as membership of IOSH. It fell on deaf ears of those who wanted to join the APS register as a policy decision -who is right now?

Bob
Stedman  
#29 Posted : 21 August 2014 09:22:25(UTC)
Rank: Super forum user
Stedman

FireSafety101 wrote:
Does anyone know if the changes will be actioned April or October 2015, or even later ?


April 2015 see page 7 of http://www.hse.gov.uk/ab...014/130814/paugb1462.pdf
firesafety101  
#30 Posted : 21 August 2014 10:11:03(UTC)
Rank: Super forum user
firesafety101

Stedman, many thanks. I knew somebody would save me the trouble of trawling through.
paulw71  
#31 Posted : 21 August 2014 10:14:42(UTC)
Rank: Super forum user
paulw71

The HSE revised CDM Impact assessment. Available to view on the (apologies for the hypocrisy) APS website https://www.aps.org.uk/cdm2015 makes for interesting reading. Paragraph 92 particularly caught my eye when the HSE says they consider many CDMC`s will be considered suitably qualified to fulfill the role of Principal Designer.
Are we just going down the same path again ?
achrn  
#32 Posted : 21 August 2014 10:42:43(UTC)
Rank: Super forum user
achrn

paulw71 wrote:
The HSE revised CDM Impact assessment. Available to view on the (apologies for the hypocrisy) APS website https://www.aps.org.uk/cdm2015 makes for interesting reading. Paragraph 92 particularly caught my eye when the HSE says they consider many CDMC`s will be considered suitably qualified to fulfill the role of Principal Designer.
Are we just going down the same path again ?


When the page at http://www.hse.gov.uk/ab...s/hseboard/2014index.htm was first pointed out in this thread the link on that page to http://www.hse.gov.uk/ab...14/130814/paugb1462a.pdf which contains the impact assessment worked - I downloaded it myself. Now, it no longer seems to work - it's 404.

So, is this conspiracy, or cock-up? Is the HSE trying to claw the revised impact assessment back from public scrutiny and APS have spoiled that, or is it just the HSE's web site (or my browser, I suppose) being flaky?

As to paragraph 92, it looks like empty words to me. 'Many' people working as CDM-Cs probably are qualified to work as designers. They may or may not be competent to be designers, however, and whether someone who is incapable of being a designer will be accepted as a principal designer is one of the things that the HSE has not seen fit to clarify.
paulw71  
#33 Posted : 21 August 2014 10:44:57(UTC)
Rank: Super forum user
paulw71

achrn wrote:
paulw71 wrote:
The HSE revised CDM Impact assessment. Available to view on the (apologies for the hypocrisy) APS website https://www.aps.org.uk/cdm2015 makes for interesting reading. Paragraph 92 particularly caught my eye when the HSE says they consider many CDMC`s will be considered suitably qualified to fulfill the role of Principal Designer.
Are we just going down the same path again ?


When the page at http://www.hse.gov.uk/ab...s/hseboard/2014index.htm was first pointed out in this thread the link on that page to http://www.hse.gov.uk/ab...14/130814/paugb1462a.pdf which contains the impact assessment worked - I downloaded it myself. Now, it no longer seems to work - it's 404.

So, is this conspiracy, or cock-up? Is the HSE trying to claw the revised impact assessment back from public scrutiny and APS have spoiled that, or is it just the HSE's web site (or my browser, I suppose) being flaky?

As to paragraph 92, it looks like empty words to me. 'Many' people working as CDM-Cs probably are qualified to work as designers. They may or may not be competent to be designers, however, and whether someone who is incapable of being a designer will be accepted as a principal designer is one of the things that the HSE has not seen fit to clarify.



Not your browser. It did the same with me and I still cant access it anywhere except the link I attached.
paulw71  
#34 Posted : 21 August 2014 10:54:09(UTC)
Rank: Super forum user
paulw71



As to paragraph 92, it looks like empty words to me. 'Many' people working as CDM-Cs probably are qualified to work as designers. They may or may not be competent to be designers, however, and whether someone who is incapable of being a designer will be accepted as a principal designer is one of the things that the HSE has not seen fit to clarify.


And surely the flip side to this is whether a designer or design organisation without construction health and safety experience and knowledge/quals is suitable to fill the role either (depending on what the HSE define the requirements as) ?

achrn  
#35 Posted : 21 August 2014 11:29:00(UTC)
Rank: Super forum user
achrn

paulw71 wrote:

And surely the flip side to this is whether a designer or design organisation without construction health and safety experience and knowledge/quals is suitable to fill the role either (depending on what the HSE define the requirements as) ?


Theoretically, but I'm not sure how any designer that has worked in the UK since 1994 can be claimed to be without construction health and safety knowledge, since they've had a statutory duty to consider it.

Do you think there is such a thing as a designer without any construction H&S knowledge? The duties don't require a great deal of detailed, specific knowledge - they are mostly about ensuring something is done, rather than either doing it or assessing how well it has been done. There's no requirement that Principal Designer approve, check or endorse the things done.
Stedman  
#36 Posted : 21 August 2014 11:48:25(UTC)
Rank: Super forum user
Stedman

As a CDM-C practitioner and a Registered Member of APS, I have firmly come to the conclusion that my current role within construction has come to an end. Fortunately I have prepared for this day and I now have plenty of transferable skills, experience, (and qualifications). I have also now taken the personal policy decision of not taking any emotional baggage on with me as I firmly close this chapter on my career. In the future, if I work along a Principal Designer undertaking my old role, they will have my full support and they will also need space in order to develop their role.

As for the APS, I feel that as this organisation is politically too closely tied in with the past Planning Supervisor and current CDM-C roles and they also needs to hand over the baton to the next CDM generation, otherwise there is always going to be an emotional conflict with the past.
paulw71  
#37 Posted : 21 August 2014 12:11:54(UTC)
Rank: Super forum user
paulw71

achrn wrote:
paulw71 wrote:

And surely the flip side to this is whether a designer or design organisation without construction health and safety experience and knowledge/quals is suitable to fill the role either (depending on what the HSE define the requirements as) ?


Theoretically, but I'm not sure how any designer that has worked in the UK since 1994 can be claimed to be without construction health and safety knowledge, since they've had a statutory duty to consider it.

Do you think there is such a thing as a designer without any construction H&S knowledge? The duties don't require a great deal of detailed, specific knowledge - they are mostly about ensuring something is done, rather than either doing it or assessing how well it has been done. There's no requirement that Principal Designer approve, check or endorse the things done.


We dont know that yet though until the revised regs are published. I would imagine that the principal designer role is going to attract specific health and safety responsibilities just as a principal contractor does.
I am thinking of issues such as the recent CDMC prosecution for failing to ensure the suitability of an asbestos survey. There are other matters such as the gathering and suitablility of other pre-construction information and the making the PC aware of health and safety risks that a competant contractor may not be immediatley aware of, advising clients as to their duties, ensuring the PC has considered the hazards in the cpp etc.
I suppose until we know the depth and responsibility of the role of Principal Designer under the new regulations we can only speculate as to the level of H&S knowledge he should have.
achrn  
#38 Posted : 21 August 2014 12:44:19(UTC)
Rank: Super forum user
achrn

paulw71 wrote:
There are other matters such as the gathering and suitablility of other pre-construction information and the making the PC aware of health and safety risks that a competant contractor may not be immediatley aware of, advising clients as to their duties, ensuring the PC has considered the hazards in the cpp etc.
I suppose until we know the depth and responsibility of the role of Principal Designer under the new regulations we can only speculate as to the level of H&S knowledge he should have.


I don't think CDM-Cs have ever been responsible for making the PC aware of particular or unusual hazards, and it seems to me extremely unlikely that HSE will bring in a new duty on PD's that appears neither in CDM07, nor the directive, nor the consultation draft regulations.

Designers are already responsible for ensuring clients are aware of their duties.

I agree that the next step of information to resolving these things will be the next version of the regulations, but it would be surprising (for me at least) if it makes any significant changes from the consultation draft.
peter gotch  
#39 Posted : 21 August 2014 12:53:16(UTC)
Rank: Super forum user
peter gotch

.....which draft regulations introduce some strict liability obligations more than 40 years after the Robens Committee concluded that such duties were inappropriate. HSE appear to be ignoring comments from consultees that such proposed duties should be suitably qualified.
achrn  
#40 Posted : 21 August 2014 13:02:54(UTC)
Rank: Super forum user
achrn

peter gotch wrote:
.....which draft regulations introduce some strict liability obligations more than 40 years after the Robens Committee concluded that such duties were inappropriate. HSE appear to be ignoring comments from consultees that such proposed duties should be suitably qualified.


Agreed - that's the bit that concerns me most about the consultation response document - they've completely ignored the comments about absolute duties.

What's even worse, the PD has an absolute duty to ensure the behaviour of people he doesn't control, has no contractual authority over and possibly even doesn't know exist - the PD must ensure the behaviour of every designer, but there's no duty on anyone to tell him of all the designers.

I'm consoling myself with the observation that it's actually completely impossible, so hopefully the courts will exercise some sense. Obviously in the civil case, you can't be contractually obliged to do something impossible, but I don't actually know what the legal situation is if statute mandates something truly impossible. Hopefully it won't be me or my company that is the test case...
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