Rank: Forum user 
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A clients contractor has had an accident within our CDM Area (we are PC), we are not paying the contractor directly but managing the works. We have RAMS for the contractor, but these do not cover works for when the accident occurred. Should the client be as responsible as us (the PC) as they do not have a copy of RAMS or proof of skills, knowledge, training etc and that we have to use a given contractor by them?
Hope that makes sense.
Thanks in advance
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Rank: Super forum user 
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I think you need to conduct a formal investigation before you decide whom to apportion blame with.
It would be impossible for anyone to say yes or no based on no facts.
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Rank: Forum user
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As above, conduct a full investigation. But as PC should you not be managing and monitoring, co ordinating all works/ sub contractors ?.
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Rank: Forum user 
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As you are in control of the site. I would establish a basic line to follow. I.e all personnel entering the site must be inducted and show proof of competence. Then the client wouldn't have been so foolish. But back to your question . Ask the PD and see what they know.
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Rank: Super forum user 
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Tricky one, strictly speaking you are not in control of the client's control even though you are the PC and responsible for site safety. In the first instance I would approach the client and ask them to request their contractor complete an incident report and forward you a copy as a matter of courtesy.
If the client is reluctant or their contractor does not produce an incident to report, then I think it's end of story. You can of course do your own investigation but without the co-operation of the client's contractor it may not add up to much.
The client is responsible for the health, safety and welfare of the project according to CDM, including their appointed contractors. They should be ensuring their directly appointed contractors are competent, reviewing their RAMS, etc. You as the PC need to liaise with the client and their contractor about the site boundaries, rules, supervision, etc, when they are working under your PC umbrella, otherwise if the proverbial hits he fan you, the client and the contractor will have a lot explaining to do to the powers that be.
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Rank: Super forum user
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These are in most cases foreseeable management issues that should be addressed through pre-construction when planning and preparing the PCI and CPP.
If a client engaged contractor is permitted to work in a CDM area without demonstrable SKE then I agree with Ray, all parties could be in hot water.
Simon
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Rank: Super forum user 
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Hi
The PC duties are plan, manage, monitor and co-ordinate the construction phase. Liaise with the client and PD, prepare the CPP, organize co-operation between contractors.
Ensure suitable inductions, and site access is controlled.
Whilst you might have a bone to pick with your client, I would say you need to investigate and act as it is your area and your area of responsibility.
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