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paulrun26  
#1 Posted : 04 April 2013 08:25:46(UTC)
Rank: Forum user
paulrun26

Would it be possible for someone to confirm if CDM applies here; I'm sure it does but for piece of mind, or to prevent me from making a fool of myself; the brief is: A person (domestic client) has engaged the services of a builder to to build a house on a plot of land. The problem is that work has started and the site is not very secure, ( a wall has been knocked down and left open), a neighbours dog wandered in and whilst trying to find the dog a person almost fell down an open excavation. I'm looking at regs 27, 31 and 36 but the SFAIRP keeps cropping up and I think this might come up as it is such a small site. This is not a work issue and I'm not personally involved, the question has been asked by a friend, but, I couldn't answer straight away. I am grateful for any advice. Paul
stevedm  
#2 Posted : 04 April 2013 08:49:30(UTC)
Rank: Super forum user
stevedm

Paul A domestic client has not duties under CDM, unless he/she controls how the work will be carried out... The contractor still has to comply with parts 1, 2 and 4 of CDM.. Designer have the same duties as always under CDM...
firesafety101  
#3 Posted : 04 April 2013 08:55:57(UTC)
Rank: Super forum user
firesafety101

CDM applies to all construction work. As steve says the domestic client dies not have duties. Contractor is responsible for securing the site - always.
teh_boy  
#4 Posted : 04 April 2013 08:57:23(UTC)
Rank: Super forum user
teh_boy

boblewis  
#5 Posted : 04 April 2013 11:27:35(UTC)
Rank: Super forum user
boblewis

The final answer is thus yes - the HSE guidance on site security will apply and the accident is RIDDOR reportable in my view.
DNW  
#6 Posted : 04 April 2013 14:02:59(UTC)
Rank: Forum user
DNW

Also bear in mind if the house is to be sold, as opposed to lived in by the client or a family member, then this could be considered trade or business therefore the Regs would apply in its entirity e.g. CDM-C, Notifiable etc. DNW
paulrun26  
#7 Posted : 04 April 2013 20:31:28(UTC)
Rank: Forum user
paulrun26

Thank you all for your prompt responses. teh_boy, I did browse the HSE website first but must have missed that as it answered the questions, but again, thanks for the additional information. Paul
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