firesafety - you say that the customer was a pensioner.
What paperwork would you expect them to get?
Arguably they might fall within the CDM definition of "client" but if just their home, then a "domestic client" who for all practical purposes doesn't have any duties - with their theoretical duties defaulting to others - cf CDM Regulation 7.
So, we have a Client for the purposes of the Regulations who might be the local water company who, in turn, either does the work itself or contracts it out.
There SHOULD be documentation going from said Client to the Contractor and vice versa.
In particular, I would expect said Client to have some information as to their own and others' underground services, but any competent Contractor would assume that the information might not be complete and/or up to date.
Hence all the other precautions then recommended in HSG47.
Based on what you have written here said Contractor may or may not have included doing a scan for services as part of their safe system of work. As you rightly indicate that scan, if it was done, may not have picked up all the services in the vicinity of where the work (to sort out a water leak) is planned.
So, next a safe digging process, the details of which should depend on what is known and what is not. Without much more information it would be impossible to comment on whether mechanical excavation was appropriate.
The pensioner shouldn't need to worry too much about how this is all done safely - their objective is to get the leak sorted.
The pensioner is no different to me, if the highways authority arranges for the street outside out building to be reconstructed or the potholes fixed. I am a third party who the law does not envisage needing to take much interest in the safety of how the work is done.
Edited by user 24 November 2024 17:04:13(UTC)
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