Rank: New forum user
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Question:-
100mm service water line is leaking. Call comes into request a repair. Repair is undertaken by a standby squad of 2 men. Assuming the squad do not have TM training and they have not got the right type of TW equipment...
Is it reasonably practicable to appoint a Principal Designer for this reactive type activity/s where there is a need to employ more than one Contractor e.g. dig up squad, traffic management contractor, possible TW contractor, possible black top contractor?
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Rank: Super forum user
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Irrelevant. The legal duty is absolute and not qualified sfarp.
However you don't have to make specific appt. for each and every job. The PD need not be directly involved in the design of that job, and remember too that this role can be fulfilled for many projects by a lead professional or a Team within the Organisation.
It is equally valid to adopt a 'presumptive' approach to PD appointment - takes out the guesswork!
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Rank: New forum user
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Irrelevent? Interesting...
Basically the point which i was trying unsuccessfully to get to was the fact that the PD role has to be appointed no matter for what type of situation regardless of size/ complexity just because there is more than 1 contractor. Reasonably Practicable comes out in because you have to think about these areas where time vrs risk and effort goes way beyond the point for these smaller jobs, to support the appointment of the post.
Even the PD HSL meeting was struggling with this I believe
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Rank: Super forum user
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Further to Ron's good advice, you do not say whether you are the client or the contractor. I presume the contractor because only the client can appoint the PD and if they do not, they become the PD by default.
In the example you have given I suggest the main contractor adopts the role of PD, who will also be the PC. In reality it 's only an add-on label because the PC will be managing and organising the work, including the provision of the TW's design.
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Rank: New forum user
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Sorry Ray. Your assumption is incorrect.
I am the Client or Client Rep.
Basically, you are saying, and please correct me if I'm wrong here, that i would have to treat reactive type activities as design and build?
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Rank: Super forum user
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FORRESJO wrote:
Basically, you are saying, and please correct me if I'm wrong here, that i would have to treat reactive type activities as design and build?
No I am not saying that, all construction related activities regardless of whether they are reactive or planned maintenance/repair are subject to the impositions of CDM 2015 Regs. Where there is more than one contractor...the client must appoint a PC and PD.
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Rank: New forum user
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Surprising enough Ray, I am very familiar with what the Regulations say and who is to appoint whom and when.
It is the practical measures needed by large organisations needed to implement the Regs fully, that I am currently grappling with and practicable solutions to these areas is difficult to grasp.
To appoint both roles of PC and PD under a simple D&B type but changed to R&M contract seems reasonable as long as they are fully aware under what circumstances these apply to.
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Rank: Super forum user
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I agree from a practical perspective CDM can be difficult for certain types of activities. The only way round this for repairs and maintenance contracts is to retrospectively appoint main contractor as both PC and PD (with a caveat the odd exception to be agreed) and to ensure in the next term contract the roles are defined within the T&Cs.
The same principle applies with a D&B project where the PC also becomes the PD. Only a design, then build, may differ - where it makes sense the main designer also becomes the PD.
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Rank: New forum user
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Yes... A more measured approached indeed.
Question of how to get the Contract T&C agreed is going to be interesting with the scope of PD upsetting even the biggest design houses making them run to check their insurances.
It wouold be interesting to hear from others as to how they have approached this. I do know that some have now brought back their own design houses and restructured their organisations now.
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Rank: Super forum user
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CDM2015 allows for a proportionate approach. Look at the definitions of 'designer', and more importantly what constitutes a 'design' in the Regulations themselves. You (or the Client) could take on the PD role in the circumstances you describe, with little or no additional burden or work involved.
If, as you say, there are some big fish out there in panic and confusion as a result of the introduction of the PD role, then I can only suggest that they are over-interpreting CDM2015 or being misinformed.
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Rank: Super forum user
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Just wonder why the principles of repairs to services lines are not in place before any emergency or similar work is required. In which case the same plan with minor modifications are put in place as and when required. It seems to me that we are facing the interpretation problems of 1994 and 2007 again. Surely it is feasible to have a management plan prepared in some form of generic arrangements BEFORE there is a need. Even back in the 80s I had processes in place for emergency repairs. Including those contractors to be called upon.
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Rank: New forum user
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Bob...
I hear what you are saying and indeed there needs to be plans in place.
Another twist then to this one... Considering that CDM2015 is about Projects involving Construction work, could it be argued that reactive type jobs are not Projects?
My opinion on this is that they are mini Projects and as such have to be dealt within the Regs but that the management of the paperwork etc needs to be proportional to the size/risk of the Project. The HSE have indicated already that RA/MS would constitute a CPP of sorts for smaller jobs so what would constitute a H&S File if a PD is involved?
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Rank: Super forum user
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The problem with CDM 2015 is that it does not distinguish between small works and larger projects - except where it is notifiable. I also think the scope of 'construction' related work is too wide and/or ill defined. Many people on this forum have decided to interpret the regulations to suit their purpose, by either applying some common sense or information gained via different sources, some of which cannot be substantiated.
Here we are six months into the new regulations and still discussing the ramifications...I think that says more about the regulations and compliance than I can put into words.
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Rank: New forum user
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Agreed... Merry-go-round comes to mind.
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