IOSH forums home
»
Our public forums
»
OSH discussion forum
»
CDM 2015 - notification requirements - mistake?
Rank: New forum user
|
Under CDM 2015 a construction project must be notified where it either exceeds 500 worker days or 30 days plus has more than 20 workers on site simultaneously. Regulation 6 clearly states that '(3)The notice must - (a) contain the particulars specified in Schedule 1;'. Schedule 1 in turn clearly states that the particulars to be notified as including the contact details of the Principal Designer and the Principal Contractor.
It is possible however for a project that only involves one contractor - whereby there is no legal requirement under Regulation 5 to appoint a PD and PC - to never-the-less be notifiable. Under these circumstances how is the Client to comply with Regulation 6 and Schedule 1?
As a linked question - can anyone confirm/ refute my assumption that a contracting company counts as a single contractor in CDM terms irrespective of how many employees they have undertaking 'construction work' on the project. The definition of a 'Contractor' in the Regulations is open to interpretation - 'any person ... who, in the course or furtherance of a business, carries out manages or controls construction work'. This could be interpreted as meaning each construction worker is a 'Contractor' in their own right irrespective of whether they share an employer because they are carrying out construction work in the course or furtherance of a business.
|
|
|
|
Rank: Super forum user
|
At recent road shows, webinars, etc. HSE have opined that they consider it unlikely major projects will have only one contractor. There's usually some specialist subcontract or enabling work required.
I'm working to this assumption in any case. This avoids any uncertainty of role and duty and ensures a consistent (but proportionate) application of an in-house defined process.
On the "who is a contractor" part of your post; you really have to go back to the Interpretation Acts (I don't recall the 2 Years of the top of my head) and consider the legal definition of 'person.' For legal purposes a body corporate can be considered a "person".
|
|
|
|
Rank: Super forum user
|
I agree is seems inconceivable that a Notifiable project would not have other trades and contractors working on it at some point, hence the requirement of PC and PD kicking in.
In section 2 of CDM 2015 there is a definition of a contractor and I understand this applies to any individual or company who are engaged by the main contractor or PC. It cannot apply as a definition to an individual employee who is albeit sometimes referred to as a contractor - common sense prevails.
|
|
|
|
Rank: Super forum user
|
Ray
Except of course for a specialist sole trader who is contracted to do work:-)
|
|
|
|
Rank: Super forum user
|
Indeed Bob, but would they not work under the PC and their CPP anyway?
|
|
|
|
Rank: Super forum user
|
Ray you are forgetting the way these sole trader prima donnas work:-) 30 days on a job is nothing to them to get the aesthetic result just right at any price. Knew a specialist plasterer brought in to do the atrium. It took best part of two months for the work to be complete. The plaster I admit did look like marble at the end. Painting with feathers though is not for me.
|
|
|
|
Rank: Super forum user
|
Should have said he was employed direct to the client and this was the only work done
|
|
|
|
Rank: Super forum user
|
1889 and 1978 Interpretation Acts.
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
CDM 2015 - notification requirements - mistake?
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.