Has anyone else come across CDM Regulations failing-

As I have just witnessed on first hand an incompetent CDM Coordinator appointed for leading leading developers /clients does not fulfill the role as per CDM Regulations failing to establish the existing hazards and allowing the Design Team to coordinate all matters concerning HSE on the Project.

Principal Contractor goes into administration due to lack of information during the pricing of the contract at tender stage, the Contract Administrator would not accept the additional pricing for the hazards (existing) established after the price was submitted.

In addition the Principal Contractor selected to undertake the work would have not been selected as they would have failed the clients selection process due to their lack of SMS, if it was enforced originally at the selection stage. All Sub-Contractors now suffering as the Principal contractor in administration and not paid bills.

How is the industry going to stop this happening, as this should not happen......

spenhse

Against this I can put a long list of contractors who ignore the PCI and do not price for clearly stated known hazards with specific agreements with regulators set out. They then come asking for additional monies. It cuts many ways. This is NOT the fault of CDM but rather the end point of incompetent duty holders whoever they are.

Bob

Most PC's will automatically try to regain their costs (from issuing lower quotation prices to gain the work against other PC's) by employing lower cost contractors to perform the tasks that are to be done.
The lower cost contractors, when picked up on their lack of health and safety (by the CDM C) will then pass this on to the PC in variations (that the PC has conveniently forgotten will occur).
The PC will then try to pass this on to the client, if ball is not played by the client then PC has to face up to its failings and goes bust.
Hardly a fault of the CDM regs, more a fault of capitalism and the drive for profit!

Talking generally here as there are some really good clients out there

The law in itself cannot let anybody down -the human element is the problem area as irrespective of how easy / workable you make something unless a client etc sees a personal benefit for themselves therein people will disregard and that is that. Additionally the enforcers are not enforcing so we have a double whammy!

I have no problem with the regs and all they attempt to do is allow decent management. Take welfare; what benefit does it give the client if the contractors have decent welfare facilities as all the client wants is a quick and cheap job so any £ they allow for welfare is money not well spent as the client does not get a personal benefit from providing that welfare [NB: I know that technicially the PC is responsible but somewhere along the road the client pays!]

Untill the enforcers enforce, the courts enforce and people change not much else will change