Rank: Super forum user
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A contractor is working alone on his particular work i.e. forming a plasterboard wall, on a site with other workers in attendance i.e. painter, joiner, etc.
The individual uses a MEWP for the higher work but his MEWP is mobile - there is a need for protecting workers on the ground from the risk of materials/tools falling from height.
Here's the question.
Who is responsible for providing that protection?
Is it the individual worker or is it the Principal Contractor?
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Rank: Super forum user
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Under Regulation 22 of the CDM Regulations the Principal Contractor has to ensure a safe site by managaing and ensuring co-operation and co-ordination between all contractors. This doesn't mean that the PC has to provide every piece of kit / safety equipment, but he does have to ensure that all work is carried out safely: hence the co-ordination and co-operation.
Most PC's take the view that those contractors & sub-contractors creating a hazard, should manage / reduce it and that this would normally be covered in the contractor's risk assessment and method statement, which should in turn be incorported into the PC's Construction Phase Plan.
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Rank: Super forum user
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The sub-contractor and PC both have duties to ensure the safety of others. Notwithstanding that, in the scenario you have provided I think the onus is on the sub-contractor to ensure he is working safely from a MEWP and not endangering others on site. The CDM regs ACoP states at 175: 'Principal contractors don't have to undertake detailed supervision of contractor's work', which makes sense particularly on a large site where it would be impossible to supervise each and every task.
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Rank: Super forum user
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This area should be covered in the T&C's for the contract as some agreements will state that the PC provides such kit where others will state that the individual subbies will provide the kit and others will state other things. Either way both parties have legal and moral duties to work safely irrespective of any individual T&C's
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