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Kenny G  
#1 Posted : 02 March 2016 13:05:22(UTC)
Rank: Forum user
Kenny G

Does anyone have any experience of working with Polish Contractors appointed as the Principal Contractor. I am having some difficulties obtaining suitable safety documentation from them. Any assistance would be much appreciated. Kenny
Ron Hunter  
#2 Posted : 02 March 2016 13:18:56(UTC)
Rank: Super forum user
Ron Hunter

I know this isn't helpful, but the idea is that the Client assesses competency prior to appointment. The work should be done at tender stage. Stage 2 of the tender process should be concerned with initial response to PCI.
paulw71  
#3 Posted : 02 March 2016 13:21:51(UTC)
Rank: Super forum user
paulw71

In addition to Rons comments. If its the CPP you are struggling to get you may want to remind the Client that it is now their duty to ensure this is in place and see if they have more luck obtaining.
Kenny G  
#4 Posted : 02 March 2016 15:57:06(UTC)
Rank: Forum user
Kenny G

Thanks for the response guys. To give some more clarity on the issue, my current company went into administration and the administrators have sold all of the assets to a French company (Client) they have appointed a Polish company as the Principal Contractor to remove the assets. We have provided all of the relevant PCI, electrical drawings, building drawings, roof loadings, floor loadings, isolation certificates etc, to assist the Client. We do not have a duty under CDM, however, I am trying to 'guide' the client of what documentation is required from the Principal Contractor to ensure that the work is carried out safely. The Polish Contractor is struggling with the documentation that is required to allow the work to proceed. I was curious to see if anyone has had difficulties using a Polish Contractor and how they overcame the issues. Any further information would be much appreciated. Kenny
RayRapp  
#5 Posted : 02 March 2016 16:15:27(UTC)
Rank: Super forum user
RayRapp

Well, under UK law the PC is required to comply with the CDM Regs. I doubt if there is a Polish version available, but there should be a representative of the PC who can speak/read in English. I suggest that is the person to contact in order to ensure a modicum of communication and co-operation. Perhaps a salient reminder that without a CPP in place the work cannot start might do the trick.
Ron Hunter  
#6 Posted : 02 March 2016 16:26:01(UTC)
Rank: Super forum user
Ron Hunter

Hmmm. Is that struggle with "documentation" going to translate into a similar 'struggle' with actual compliance on-site? Throw it back to the Client. They appointed them, and on that basis the PC's French is presumably much better than his English. Now, here's a thought: We are required here in the UK to take account of language barriers in our workforce communications. If the workforce are going to be all or predominantly Polish, doesn't logic dictate that the CPP should be Polish?
firesafety101  
#7 Posted : 02 March 2016 19:02:28(UTC)
Rank: Super forum user
firesafety101

Kenny you say you do not have any duty, what is your roll and shouldn't you leave the duties to the duty holders. Is there a PD who will have the responsibility for the documentation to be in place. Client, Principal Designer, Principal Contractor, Contractors. Some years ago I had Lithuanians working on a site. There were four and one spoke a rough version of English. He became their interpreter and all communication went through him. They were very hard working and always behaved themselves. PPE was nor problem.
SP900308  
#8 Posted : 03 March 2016 09:52:39(UTC)
Rank: Super forum user
SP900308

Ron Hunter wrote:
Now, here's a thought: We are required here in the UK to take account of language barriers in our workforce communications. If the workforce are going to be all or predominantly Polish, doesn't logic dictate that the CPP should be Polish?
I'd imagine the client (who obviously failed to assess the PC properly prior to appointment) would probably not even notice if the CPP was written in Polish - whilst not ensuring its sufficiency prior to start on site! So, no change there then! To add to FireSafety's comment, my experience of EU workers in construction is: 1. they are hard working, don't want anything to impede their progress on site (which can be both good and bad). 2. will generally do as they're told. 3. probably won't report accidents / near misses (they are made of strong stuff and do not want to create 'unnecessary fuss / delay). 4. assessing their competence can be difficult for EU equivalences. Simon
fiesta  
#9 Posted : 03 March 2016 12:42:22(UTC)
Rank: Forum user
fiesta

As the CDM Regs are derived from an EU directive there should be both Polish and French versions of these. Or is it just us English that actually fully implement EU law ???
Kenny G  
#10 Posted : 03 March 2016 14:56:46(UTC)
Rank: Forum user
Kenny G

Thanks for all the responses to the question. The Client and the Principal Contractor have managed to resolve the issues between them with external assistance. Kenny
gramsay  
#11 Posted : 03 March 2016 15:14:02(UTC)
Rank: Super forum user
gramsay

fiesta wrote:
As the CDM Regs are derived from an EU directive there should be both Polish and French versions of these. Or is it just us English that actually fully implement EU law ???
The irony of that, given the rigmarole around CDM 2015, makes this a perfect Friday post :) fiesta, one of the main reasons given for the huge upheaval in CDM over the last few years was that regulations implemented by "you English" did NOT properly implement the EU directive. Kenny, glad you got sorted.
fiesta  
#12 Posted : 03 March 2016 16:23:59(UTC)
Rank: Forum user
fiesta

Hi Gramsay, My comment was a little tongue in cheek but difficult to get that across. However, given that we, and all our European buddies, are now fully implementing the EU Directive we should all be singing from exactly the same hymn sheet. Andy
gramsay  
#13 Posted : 03 March 2016 17:03:57(UTC)
Rank: Super forum user
gramsay

I know what you mean, Andy - you'd think it'd be easy! It's mainly because we're not as under-the-thumb of Brussels as some would say in the press. When the EU passes a directive it's up to each country to enact appropriate law to implement it rather than just copy and paste what the EU issues. They all do it to comply with their own legal systems and (like us with previous CDM) make interpretations based on their existing practices and the way the industry is organised. We all probably think our way is best! So our CDM is merely the UK's latest attempt to comply with the Temporary or Mobile Construction Sites Directive. Poland's equivalent isn't comparable as it takes account of how construction is managed there - with (eg) licensed individuals involved at various stages of a project, and I think the responsibility for a Construction Phase Plan equivalent rests with the Site Manager appointed by the client rather than any equivalent of a PC. Diffrent strokes...
Safety Smurf  
#14 Posted : 04 March 2016 09:16:24(UTC)
Rank: Super forum user
Safety Smurf

gramsay wrote:
I know what you mean, Andy - you'd think it'd be easy! It's mainly because we're not as under-the-thumb of Brussels as some would say in the press. When the EU passes a directive it's up to each country to enact appropriate law to implement it rather than just copy and paste what the EU issues. They all do it to comply with their own legal systems and (like us with previous CDM) make interpretations based on their existing practices and the way the industry is organised. We all probably think our way is best! So our CDM is merely the UK's latest attempt to comply with the Temporary or Mobile Construction Sites Directive. Poland's equivalent isn't comparable as it takes account of how construction is managed there - with (eg) licensed individuals involved at various stages of a project, and I think the responsibility for a Construction Phase Plan equivalent rests with the Site Manager appointed by the client rather than any equivalent of a PC. Diffrent strokes...
Yeah!.... What he said! If you look at how the legal systems of other EU countries are structured and their traditional and historical legal processes it turns out that mainland Europe's is broadly similar and we are the odd ones out.
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