Rank: New forum user 
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Subject of a discussion today regarding pressure systems. The site is a new build facility which will have a number of pressure systems installed as part of the processes to be undertaken on onsite.
We have a company wide written scheme in place, however the question that has arisen today, is as the "user" is it our responsibility to have the system inspected upon installation and prior to commissioning, the site is under CDM at present and the principal contractor has commissioned the commissioning team or is it the responsibility of the principal contractor to have the system inspected prior to commissioning?
We will undertake the normal written scheme requirements upon handover as normal.
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Rank: Forum user
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Legally I would say that you own(?) the building and equipment and so have a responsibility under PUWER to ensure pre-use checks are carried out. Contractually you may pass the job of doing this onto the contractor but you would remain legally responsible if I understand the law correctly.
The contractor may have a duty under section 3 of HASWA and I suspect that the HSE might consider that approach if a contractor agreed to commission the system but didn't for some reason, but that is speculation on my part.
Don't think CDM would apply to any of this as it covers the safety of the building process (including commissioning), not the safety of the system itself.
Ultimately I think responsibility would boil down to what was agreed in the contract to build the system.
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