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MICK CORNISH  
#1 Posted : 14 March 2012 16:19:55(UTC)
Rank: Forum user
MICK CORNISH

hi wondering if anyone can help me with this one we are carrying out a Notfiable project on a customers site we have a cdm boundry within there site who would be responsible for overall site security?? lets say if somebody broke onto the site to get to our project which is located within there property do we have to protect there site ?? any help much appreciated
Chris Cahill  
#2 Posted : 14 March 2012 17:08:29(UTC)
Rank: Forum user
Chris Cahill

ACoP CDM Regs 2007 paragraph 150 (g) (j)( Principal contractors duty) “Take reasonable steps to prevent unauthorised access to site"… So yes, you secure your part of the site. No it is not your responsibility to secure the main site, that duty lies with your client. Obviously the CDM-C should assist the client and ensure that they are made aware of the duties
MICK CORNISH  
#3 Posted : 16 March 2012 15:53:12(UTC)
Rank: Forum user
MICK CORNISH

chris many thanks for getting back to me it helped a lot, although the client will not accept that it is there responsibility to secure the boundary of there property. they insist that our activities being carried for them within there site are the focus for individuals to target for theft. we have taken extra reasonable steps to secure our CDM area but they refuse to protect ther site and insist we hire a gaurd to protect our CDM site in there property. any words of advice would be grateful regards mick
Chris Cahill  
#4 Posted : 16 March 2012 17:33:33(UTC)
Rank: Forum user
Chris Cahill

Mick the Acops states "take reasonable steps" Paragraph 171 deals with access on site by unauthorised persons it states: The boundary of the CDM site should be physically defined (ie suitable fencing.) with special consideration to (A) rights of ways cross sites. (B) sites in or next to other work areas. (C) new house developments where some are already occupied. (D) where there are children or other vulnerable persons nearby. Reg 27 (2) of the CDM 2007 clearly states that "Where necessary in the interests of health and safety a construction site shall, so far as reasonably practicable and in accordance with the level of risk posed either - (A) have its perimeter identified by suitable signs and be so arranged that its extent is readily identifiable; or (B) be fenced off, or both. Reg 25 CDM 2007 States "Every person at work under the control of another person shall report to that person any defect which he is aware may endanger the health and safety of himself or another person". So inform the Client of the issue. Ensure your site is secure or if that is impossible ensure any danger areas are fenced and secured (As on roadwork's it would be impossible to secure the whole road so plant is locked away or made safe and any excavations securely fenced). That would then be your duty fulfilled (reasonable steps) I believe you should explain this to your client that they also have a duty of care and perhaps offer to organise and supply guards at their expense. I will also point out that the owner of the premises has a specific duty of care under the HASAW 1974 section 3 (Duties to others) that they do not expose themselves or others who may be affected by their activities to risks, so far as is reasonably practicable. Others include the general public; contractors; visitors;trespassers. Controllers of premises have similar duties under sect 4.
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