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fiesta  
#1 Posted : 21 September 2011 09:19:18(UTC)
Rank: Forum user
fiesta

We are a small commercial fit-out / refurb company (60 employees) for which I am the H&S Manager.
A number of our projects come under the CDM Regs because they last more than 30 days.
In these financially difficult times I am increasingly being asked by our directors to act as the CDM-C.
This is something that I'm not 100% comfortable with due to what I perceive as a conflict of interest, i.e. as H&S manager I am working in the interests of our company. As CDM-C I am working in the interests of the Client.

I have checked the CDM Regs and it is acceptable for the principle contractor to act as the CDM-C but I'm not sure this would cover my situation where the same person is being asked to carry out both roles.

Any thoughts gratefully received ?

Thank you.
boblewis  
#2 Posted : 21 September 2011 09:48:54(UTC)
Rank: Super forum user
boblewis

Sorry - pet hate

PRINCIPLE contractor cannot do it as he does not exist in law

PRINCIPAL contractor can do it as he does exist

The need ultimately for such an organisation doing the cdmc role when also a contractor is both competence and an ability to ensure that commercial etiquette is maintained. This generally means allocating staff not involved with the project management on a day to day basis doing the work. In general terms then only larger contractors can do this.

Bob
fiesta  
#3 Posted : 21 September 2011 09:56:58(UTC)
Rank: Forum user
fiesta

Hi Bob,

Thanks for your response.
I tend to agree with you.

PS - Principle / Principal - I am aware, just not concentrating. Apologies
JohnW  
#4 Posted : 21 September 2011 10:12:43(UTC)
Rank: Super forum user
JohnW

fiesta,

Quote:
A number of our projects come under the CDM Regs because they last more than 30 days.


sorry, just a pet hate of mine.... CDM regs apply to ALL construction

a NOTIFIABLE project team should now include appoint a Client, a CDM co-ordinator, a Designer, a Principal contractor, and yes multi-roles are allowed
bob youel  
#5 Posted : 21 September 2011 10:14:19(UTC)
Rank: Super forum user
bob youel

Forgive me but you may have answered a question or two yourself with regards to acting in a CDM area in some way as unless I am mistaken all your construction contracts are CDM contracts not just those that require notification?

If you fulfill the competence criteria for the CDMC as well as other construction areas you should be able to act in both positions thus bringing in additional fees noting that all management is a balance of a number of things and all a CDMC can do is what is reasonable


Ron Hunter  
#6 Posted : 21 September 2011 10:18:08(UTC)
Rank: Super forum user
Ron Hunter

Legally acceptable. The appointment of CDM-C is a Client function though and it is his duty to ensure the competency of that appointment.

My real concern is that the CDM-C has a crucial role (for me a primary role) of constructively challenging the approach to mitigating risk at the Project design stage. Crucial then that you must be in there early with sufficient authority and a degree of independence.

Asbestos is a significant issue in retail and commercial refurb and fit-out and only one aspect where your levels of knowledge and understanding (i.e. competency) need to be up to scratch.

I also have a nagging doubt that somewhere down the line, people close to you are unclear as to the extent of application of CDM and of the duties of the CDM-C............
Stedman  
#7 Posted : 21 September 2011 10:20:14(UTC)
Rank: Super forum user
Stedman

Fiesta,

Some of the largest construction groups in the UK have consultancy divisions which also have CDM-C practices. Yes there is a potential for conflict if you are also a PrincipAL Contractor, however this is no different from design practices, cost management, or project management practices on the same project undertaking this role.

What you are proposing make absolute sense on small refurbishment projects as costs are squeezed and proportionately the CDM risks are much greater.

I personally would be much more concerned about your competence and the value of the CDM service delivered. In terms of professional conflict I would establish a set of written procedures within your organisation’s QA system so that your directors and clients are aware of your limitations.
SP900308  
#8 Posted : 21 September 2011 13:52:04(UTC)
Rank: Super forum user
SP900308

fiesta, I can picture it now.....

Task: Review PC's Construction Phase Plan (CPP).
CDM-C comments: Try again.
Principal Contractor's response (Your Boss): Tell the Client the CPP is sufficiently developed to permit construction start - OR ELSE!

If you think that's fictional, I speak from experience!

Good luck.
Leslie3048  
#9 Posted : 22 September 2011 11:02:45(UTC)
Rank: Forum user
Leslie3048

"A number of our projects come under the CDM Regs because they last more than 30 days"

All Refurbishments come under the CDM Regs. However, they are may not be notifiable!

Les
firesafety101  
#10 Posted : 22 September 2011 12:12:40(UTC)
Rank: Super forum user
firesafety101

One requirement on the CDM-C is to know and understand the CDM regs.

My view on this topic is you don't know the CDM Regs. so should not even think about being CDM-C.

Maybe harsh but true - IMO.
Leslie3048  
#11 Posted : 22 September 2011 13:03:03(UTC)
Rank: Forum user
Leslie3048

i agree with Chrisburns here. in addition you should have at least a NEBOSH Certificate in Construction!
RayRapp  
#12 Posted : 22 September 2011 15:10:35(UTC)
Rank: Super forum user
RayRapp

'All Refurbishments come under the CDM Regs. However, they are may not be notifiable!'

Indeed, CDM Regs apply all construction work. The CDM-C requirement only applies to Notifiable projects.

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