Rank: Forum user 
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Hi folks,
I Would appreciate some advice on the following matter.
We currently have a contractor carrying out rail repairs for our organisation. Their operational area is cordoned off, but it's situated within our operational area. On countless occasions they blantantly decide not to wear any PPE, to which we report to the head of our engineer department. We have theatened to halt their operations and remove them from our operational area until we can get guarantees of conformance going forward. Our engineering department reply venemously stating we do not have the authority to do so, stating the CDM Regs prevents us from such.
Could some one please clarify either side of the argument for me please?
As the occupier I assumed we had underlying authority.
Thanks in advance.
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Rank: Super forum user 
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Is the breach in "your" area or "theirs"? Within "their" assigned area they control H&S including PPE requirements however if access to their site is not segregated and via "your" area then yes you have rights to enforce site PPE policy.
If this is the case site access has obviously been poorly planned if they have not been fully segregated from your operations, probably an oversight by engineers considering solely the task rather than the contract.
Is the PPE question a difference between standard Hi-Vis for construction & Go-RT? Again a poorly planned contract Edited by user 04 July 2018 20:10:55(UTC)
| Reason: added Go-RT
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Rank: Super forum user
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Is the breach in "your" area or "theirs"? Within "their" assigned area they control H&S including PPE requirements however if access to their site is not segregated and via "your" area then yes you have rights to enforce site PPE policy.
If this is the case site access has obviously been poorly planned if they have not been fully segregated from your operations, probably an oversight by engineers considering solely the task rather than the contract.
Is the PPE question a difference between standard Hi-Vis for construction & Go-RT? Again a poorly planned contract Edited by user 04 July 2018 20:10:55(UTC)
| Reason: added Go-RT
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Rank: Forum user
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Who is the principal contractor for the particular work area?
If you are you set the site rules.
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Rank: Super forum user
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The CDM regs don't stop you doing anything.
Its up to all involved to decide who takes on which duties and responsible for which physical areas. Effective planning and management are required. At site level having a construction phase plan, detailing responsibilites etc. If you are the PC and the other organisation is in your work area - its up to you to manage and set the rules of site. If the other organisation are working as a separate PC in a separate area then it is up to them to manage and not your concern.
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Rank: Super forum user
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As the client you had the power to set the PPE rules within the contract terms. If this was not done then you are left with a negotiation with your contractor. Nothing in CDM prevents such conversations and arrangements. I suspect your engineers failed to manage adequately the contract process.
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Rank: Forum user
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The Principal Contractor is the duty holder for managing site health and safety. They are the ones that are the controlling body and by issuing Permits to Work they are tasking the contractors with the controls they stipulated to apply. However, it is clearly obvious there are issues with simultaneous operations (SIMOPS) and the issue should be resolved by the higher risk rated activity having precedence on what controls are implemented. Communication is key between all parties.
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