Rank: Forum user
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I realise that under CDM it is the PC duty check that anyone they appoint has the skills, knowledge, experience etc. but I was wondering how far the client is able to specify what requirements are needed by the 'sub contractor'. I will give you a for instance - we as the client are looking to carry out some refurb work but there is licenced asbestos work. The PC involved is looking to engage a licenced contractor to carry out this work. I would be interested to know how far others go in specifying the requirements for this type of contractor. Our PC has just stated that they will only be asking for a copy of the Licence from the contractor and that is all. We would rather they specify other requirements on top of this such as specific RAMS, Insurance, training certs etc (all the normal competency checks once would expect). Are we entering on the PC duties/liabilities by specifying these extra requirements? To me it is plain and simple we as the client need to be satisfied that the PC is selecting contractors who are competent or are we being over critical when just a licence may be needed and it is the PC duty anyway?!
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Rank: Forum user
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The CDM regs state that anyone appointing a contractor have to take reasonable steps to ensure they have the skills, knowledge and experience. It appears in this case the PC do not know (or are not undertaking) their duties. I would therefore question the competency of the PC.
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Rank: Forum user
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Lishka0 wrote: [...]
We would rather they specify other requirements on top of this such as specific RAMS, Insurance, training certs etc (all the normal competency checks once would expect). Are we entering on the PC duties/liabilities by specifying these extra requirements? To me it is plain and simple we as the client need to be satisfied that the PC is selecting contractors who are competent or are we being over critical when just a licence may be needed and it is the PC duty anyway?!
In my view you are right. As per CDM regulations:
(6) A client must take reasonable steps to ensure that—
(a) the principal designer complies with any other principal designer duties in regulations 11 and 12; and
(b) the principal contractor complies with any other principal contractor duties in regulations 12 to 14;
Which includes taking reasonable precautions to ensure H&S on site, managing and coordinating sub-contractors, etc.
To me it is reasonable to see documents that confirm contractor's competence.
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Rank: Super forum user
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As a general rule clients would not be expected to check the competency of the PC's sub-contractors. After all, how many clients actually check the PC's RAMS and CPP? That said, if the matter was brought to the client's attention, then it would be prudent for the client to either remind the PC of their obligations or make a request to review a sub-contractors documents and/or competencies.
I think the previous comment about the 'competency' of the PC is very valid.
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Rank: Super forum user
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RayRapp wrote: I think the previous comment about the 'competency' of the PC is very valid.
Agreed, of which is examined/considered by the client to make the appointment!
Remember, the client can of course engage an asbestos contractor directly if he so wishes.
Simon
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