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northeast  
#1 Posted : 30 March 2012 15:27:58(UTC)
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northeast

Can anyone tell me whether the Principal Contractor is required to have a continuous onsite presence during the construction phase?
Fox38862  
#2 Posted : 30 March 2012 15:59:00(UTC)
Rank: New forum user
Fox38862

In short, the answer is YES - the Principal Contractor must 'ensure that the construction phase is properly managed and monitored, with adequately resourced, competent site management appropriate to the risk and activity' [extracted from the CDM ACOP Para. 150 (c)]. It is standard practice to expect a competent person from the Principal Contractor to be in attendance whilst work is being undertaken. However, in the right circumstances it may be acceptable for the Principal contractor to delegate the site supervision role providing he is satisfied with the arrangements and competency of the persons this delegation is being passed to. This may be one of the contractors undertaking part of the works. it needs to be assessed on a case by case basis.
JohnW  
#3 Posted : 30 March 2012 16:50:56(UTC)
Rank: Super forum user
JohnW

Fox, Your quote says,
Quote:
'ensure that the construction phase is properly managed and monitored with adequately resourced, competent site management appropriate to the risk and activity'
The key word is 'ensure'. So in short, the answer (to the question) is NO. It doesn't say 'must manage on site.' So, doesn't mean representatives from the Principal Contractor company have to always be on site to do the 'managing'. As you said yourself, appropriate to the scale of the project and the risk and activity, the managing and monitoring can sometimes be done by supervisors from the sub-contractors, e.g. only four brickies on site, so brickies managed and monitored by their supervisor etc etc The word 'ensure' is used throughout the CDM ACoP. It doesn't mean 'must do' it means 'ensure'. So confirm someone else is doing... is ensuring. John
RayRapp  
#4 Posted : 31 March 2012 08:59:02(UTC)
Rank: Super forum user
RayRapp

Two conflicting answers so I will give my own interpretation of CDM requirements. First, it must be said that it would be unusual for the PC not to have a 'continuous presence' onsite during the construction phase. That said, the term 'construction' can be a bit vague at times because CDM covers all manner of trades, industries and projects. The PC's duty, inter-alia, is to ensure the construction phase is planned, managed and monitored, with adequately resourced, competent site management appropriate to the risk and activity. Therefore it is difficult to imagine a scenario where the PC is not required onsite. However, PCs don't have to undertake detailed supervision of contractors' work. So, the answer to your question is YES, unless the nature of the project dictates that it is not practical for the PC to retain a presence onsite because, for example, the project involves multiple sites, transient work, etc.
boblewis  
#5 Posted : 31 March 2012 10:22:16(UTC)
Rank: Super forum user
boblewis

As always the devil is in the definition. The terms "supervision" and "management" do not mena an immediate presence. After all many people are managed and supervised by some person who is not present in the work place at the time of work. If the intention had been that the PC must be present during all work then the phrase would have been "direct and/or personal supervision and management". It is important to distinguish between these terms. The PC must however ensure that all arrangements are adequate and is still ultimately responsible for all that occurs on site. Thus the answer has to be NO there is no need for continuous presence, albeit such presence may be thought desirable/necessary by some. The PC stands and falls by his own decision. Bob
paul reynolds  
#6 Posted : 31 March 2012 10:33:47(UTC)
Rank: Forum user
paul reynolds

On some of the small projects that still fall under CDM we will have a visiting manager who will generally visit each day and will generally look after 3-4 project in an area, this means that we can manage the works but we also ensure that the operatives on site are supervised by a competent person , this is usually achieved by them holding the SMSTS along with them being well known to the company. All sub contractors will also have to pass a competency assessment in line with appendix 4 of CDM. With the larger project we always have a permanent presence on site. Regards paulR
boblewis  
#7 Posted : 31 March 2012 11:39:40(UTC)
Rank: Super forum user
boblewis

Paul Until none of your site staff don't want to do a saturday or sunday and ten I bet your not told:-) Bob
MAT  
#8 Posted : 31 March 2012 23:38:47(UTC)
Rank: Forum user
MAT

slightly different question if anyone can help- CDM Clients Responsibilities? We currently have a notifiable project going on. I am aware that it is client responsibility to ensure the appointment of the a competent PC? My question is, if there are sub contractors appointed by PC is it their responsibility to ensure competence or does this still lie with the client? Currently I have been reviewing all RA's and pertinent documentation for all contracots, just not sure if I need to be so involved with CDM project(first CDM project) Apologies for crashing thread, wasn't able to set new post. Any advice greatly welcomed?
Chris Cahill  
#9 Posted : 01 April 2012 08:18:30(UTC)
Rank: Forum user
Chris Cahill

Firstly This type of query(and the previous query) should be addressed to the CDM-C who is the clients advisers. (It is a breach of duty if the CDM -C is not competent)the Regs recognise that the client may not be an expert that is why the CDM-C should be anointed at the earliest opportunity( in short to be the clients friend.) The duty is a shared duty The duty lies with the Client (usually through the CDM-C to check, to advise the client and to support the client to meet its duty) the Duty to check competence also lies with the PC to check competence of all appointees however it is the duty of everyone to check their own competence and it is a breach of CDM 2007 Regs (Reg 4 clearly states the requirements.)
Chris Cahill  
#10 Posted : 01 April 2012 08:20:32(UTC)
Rank: Forum user
Chris Cahill

Whoops no baptism of fire it should have stated appointment. Corrected post below. Firstly This type of query(and the previous query) should be addressed to the CDM-C who is the clients advisers. (It is a breach of duty if the CDM -C is not competent)the Regs recognise that the client may not be an expert that is why the CDM-C should be appointed at the earliest opportunity( in short to be the clients friend.) The duty is a shared duty The duty lies with the Client (usually through the CDM-C to check, to advise the client and to support the client to meet its duty) the Duty to check competence also lies with the PC to check competence of all appointees however it is the duty of everyone to check their own competence and it is a breach of CDM 2007 Regs (Reg 4 clearly states the requirements.)
northeast  
#11 Posted : 01 April 2012 10:32:51(UTC)
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northeast

Many thanks for all comments - it has been really useful to see the rationale used by contributors and the reference back to the regs.
MAT  
#12 Posted : 01 April 2012 11:09:10(UTC)
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MAT

Chris Appreciate the input. My inclination was that, hence reason for reviewing all docs etc. My boss felt I was getting to involved. Many Thanks MT
MAT  
#13 Posted : 01 April 2012 11:10:17(UTC)
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MAT

Too involved!
boblewis  
#14 Posted : 01 April 2012 21:28:22(UTC)
Rank: Super forum user
boblewis

Mark To answer your question - it is the responsibility of the employing contractor to assess/ensure the competence of any subcontractor they employ. Nice neat chain:-) Bob
MAT  
#15 Posted : 01 April 2012 22:45:44(UTC)
Rank: Forum user
MAT

Bob Thank you for your advise. On a steep learning curve! MT
Pilkington20876  
#16 Posted : 02 April 2012 09:16:24(UTC)
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Pilkington20876

Mark Having worked on very large projects globally and UK When working for the Client or PC The Managment of contractor Procedure audits are a very good tool , You can audit the PC and the Contractors with the PC and contractor as Part of the team to find any shortfalls or comings and it builds on the One team approach on projects Working well together etc. At Tender stage the Client Should be checking the pc Safety systems as part of the tender process and there should be a system in place in The PC system to do the same as he becomes the contractors Client I hope this helps any issues drop me a line best regards wade
boblewis  
#17 Posted : 02 April 2012 12:05:49(UTC)
Rank: Super forum user
boblewis

When working for the Client or PC The Managment of contractor Procedure audits are a very good tool , You can audit the PC and the Contractors with the PC and contractor as Part of the team to find any shortfalls or comings and it builds on the One team approach on projects Working well together etc. Pilkington Sorry but I do not understand what you are saying here! Bob
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