Rank: Super forum user
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I admit I have only just read through the new CDM legislation last week , but have been avidly watching the discussions for months and I don't think this has been commented on.
On a recent CDM discussion there was mention quite rightly that CDM rules applied to small contractors and the example given was painting skirting board. They therefore are classed as contractors, but under reg:-
15 (1) A contractor must not carry out construction work in relation to a project unless satisfied that the client is aware of the duties owed by the client under these regulations.
My question is - How is a small contractor going to comply with this ?
I come at this not from a company that advises small contractors or even is a small contractor, but more the client. What would they ask of us to prove we understand. I guess contractor / client is opposite sides of the same coin. So what are those responsible for small contractors saying to them ?
Chris
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Rank: Super forum user
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This is no different to CDM2007: "13.—(1) No contractor shall carry out construction work in relation to a project unless any client for the project is aware of his duties under these Regulations."
So the contractors under CDM2015 will no doubt do what they did under CDM2007.
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Rank: Forum user
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I think over time we will all get used to the new CDM Regs. But, as a Client I would expect the contractor to be furnished with information such as; - is this notifiable - is there a PDesigner - do I need to prepare a health and safety file - do I need to include any content in to our site induction - do you have an asbestos register - what drawings do you have - when do I start, when do I finish - etc.etc It's going to be a two way street, so I would expect a Client to be able to furnish the answers to these questions (and more) raised by the contractor, or supply the information anyway to the contractor.
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Rank: Super forum user
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Chris:
In the real world, in the circumstance you describe, it's not likely that such a conversation will take place. The Contractor can be "satisfied" by the Client answering (to the question "are you are of your duties...") in the affirmative.
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Rank: Super forum user
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Thanks for the responses.
Yes I can imagine in the real word the contractor is unlikely to know or care about the CDM regs generally.
The problem is you will get an odd few who do ask. The thing is that previously the managers of the various sites didn't need to really be that aware of CDM. This was because each site had appropriate facilities and significant work is organised centrally.
However if you now have the smaller contractors that they may engage asking " are you aware of your duties under CDM" or even sign something to that effect. I can see they are just joining to have a blank expression. Because before the contractor would just come and "Paint the skirting" or fix the leaky tap etc, without any odd questions.
Sounds as if I'm now going to have to provide training / information regarding CDM, so they will be able to answer. Though it does sound that others think there is no real issue here.
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