Rank: New forum user
|
Can anyone assist? As a principal contractor in construction we check risk assessments and method statements of all the contractors that we appoint as per Reg 13 CDM 2015. However, sometimes a client insists on using a particular contractor for a particular task and so they appoint them to do a particular element of work at a site. As principal contractor we do of course provide site inductions and plan, manage, monitor and co-ordinate matters with regards all contractors (whether appointed by us or not) but do we also have to check the RAMS and the competency of contractors appointed directly by the client or does that remain the responsibility of the client?
|
|
|
|
Rank: Super forum user
|
There are two ways to look at this. Treat them the same as any other contractor and check their RAMS and the competency or you treat the work as a Client’s activity and induct and plan, manage, monitor and co-ordinate matters.
However do not assume that they are not fully under your control because a Client can include a nominated supply/contractor in the specification/contract.
There are significant drawbacks to the second option, one being a lot of Client’s are ill-equipped to manage the works leaving the Principal Contractor exposed. It is important that this arrangement is documented somewhere. There are Clients who frequently work like this but I do favour the first option.
|
|
|
|
Rank: Forum user
|
As PC you are responsible for all contractors working within your site boundary whether appointed by yourself or the client. So if the client insists that his contractor needs to carry out the works within your CDM area of responsibility you are in charge in all respects for the Health, Safety performance of the nominated contractor. If the RAMS are not up to standard, inform the contractor and client and take it from there
|
|
|
|
Rank: Forum user
|
Hi all
interesting post, do you always expect a separate risk assessment from contractors or complete a joint one?
thanks
|
|
|
|
Rank: Super forum user
|
This not an uncommon issue because clients generally call the shots on projects. If the client's contractor is working in your PC boundary you need to ensure there is good liaison between the contractor and the client. In some cases the client is hands-on and manages their own contractors, in other cases the contractor is not working within the boundary of the PC or can be separated by time and distance.
I have found that very often PCs roll over to the demands of the client to their ultimate detriment. Whereas sometimes to you have to stand up and be counted, otherwise the client will walk all over you. How you approach the client depends partly on the support you get from your own team...good luck.
|
|
|
|
Rank: Forum user
|
Good afternoon. As always, RayRapp hits the nail on the head, this is not an uncommon issue but one that could be devastating for a PC in the event of a fatality.
It is perfectly possible for there to be two or more contractors all appointed by the client working independently of each other at the same time on the same site. From a legal standpoint, unless the Client has organised in contractually, a PC could have no control whatsoever over another contractor, who he is working alongside, unless the PC has been given control of the site, in which case he can exclude that contractor from its site. The HSE and dealt with in situation in paragraph 117 of the ACoP:
"There may be occasions where two or more projects are taking place on the same site at the same time, but are run independently of one another. Whatever the circumstances, it is essential that there is clarity over who is in control during the construction phase in any part of the site at any given time. Where it is not possible for one principal contractor to be in overall control, those principal contractors involved must:
(a) cooperate with one another;
(b) coordinate their work; and
(c) take account of any shared interfaces between the activities of each project (e.g. shared traffic routes).
It is essential that if the client is going to appoint one or more contractors for the PC to agreed with the Client in advance, who will control the site, or what arrangements (and money) have been put in place to allow the PC to comply with his regulation 13 duties.
I hope this helps.
DJ
|
|
|
|
Rank: Super forum user
|
DJupnorth,
You're 100% correct in what you say, but i don't think you're answering the question that the OP is asking. As i read it, he is asking how he, as PC, is expected to manage client nominated/direct contractors on his site, not how to manage a situation where there are two or more PCs (at least that's how i read it).
Nsayer
In my previous role (7 years) i worked for a large UK contractor primarily involved in the retail construction sector, building supermarkets and the like.
At a guess, i would say 80-90% of the contractors who came onto our sites were client "directs". By that i mean that they were appointed, and paid, by the client. Refrigeration guys, M&E, till installers, even floor layers were generally appointed, and paid, by the client. We pretty much only had a say on the likes of groundworkers, scaffolders and demolition contractors.
However, the way we dealt with the directs on site was no different to the way we dealt with contractors on our own supply chain; all of them had to abide by OUR rules, all had to provide RAMS (which we would have to vet and approve), all would have to be inducted, and we just as happily kick them off site as quickly as we would one of "our own" if they didn't play ball.
|
|
|
|
Rank: Super forum user
|
Would you expect a PC who has vast experience in general building works to adequately check the RAMS of as electrical contractor.
|
|
|
|
Rank: New forum user
|
I just wanted to log in and thank everyone for their replies. Very very helpful indeed. I am grateful for your time. We are going to operate along the lines of checking all contractors competency, whether appointed by us or the client to be on the safe side and so we remain in control of everything, so far as possible. We are explaining to our client that they need to cooperate with us and give us details of who they intend to appoint in advance and in good time before work starts so that we can contact them and check competency. Thanks again.
|
|
|
|
Rank: Super forum user
|
Firesafety101,
That was, and no doubt still is, a common problem. We would have a multitude of specialist trades working on our sites (M&E, scaffold, demo, asbestos, groundworks etc etc) so knowing every single trade inside out would of course be impossible.
It's an issue all PC's have to deal with. Whilst it's easy to pick up on "general" things like working at height, it can become tricky when you start getting into the real technical stuff.
We used a range of RAMS checksheets for the task; a general one which did the job for 90% of the contractors working on site and then a small selection of more specialist ones for scaffolders, asbestos, M&E etc.
It wasn't perfect by any stretch of the imagination but seemed to work well enough.
|
|
|
|
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.