Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
RichColl  
#1 Posted : 12 December 2016 19:20:28(UTC)
Rank: New forum user
RichColl

Evening all,

Just after a bit of guidance on small time developers and CDM dutyholder responsibilty...

I have a friend who has a family business, buying plots of land at auction and building propertys, doing work themselves but subbing out to certain trades. There is work planned that will be notifiable to the HSE due to person days, there is just a little confusion surounding their dutyholder appointments on the F10... they design themselves so they are principle designer? but they would also be client & PC? So am I correct to assume that they should simply fill out the F10 with themselves as each dutyholder?

Any help gratefully received.

RayRapp  
#2 Posted : 13 December 2016 08:57:21(UTC)
Rank: Super forum user
RayRapp

Hi Rich Had to think about this one. I believe you are correct, the 'family business' as you describe would in effect be the Client, PD and PC where there is more than one contractor engaged. In which case they would add those sections on the F10. If the project was not Notifiable, then they would be the PD and PC be default if they did not appoint the aforementioned roles. Are you sure the project is Notifiable? The threshold has increased quite substantially in the 2015 version of CDM.
thanks 1 user thanked RayRapp for this useful post.
RichColl on 13/12/2016(UTC)
achrn  
#3 Posted : 13 December 2016 09:03:59(UTC)
Rank: Super forum user
achrn

They aren't automatically Principal Designer through being designer, even if they are the only designer working on the project.

However, they are automatically effectively in that role if they don't explicitly appoint one.  If the Client does not appoint a Principal Designer, then the Client ends up with all the duties, so someone that is the Client, and does not explicitly appoint a Principal Designer will end up carrying all the duties of the Principal Designer.

It's just the same for the Principal Contractor role - the Client ends up with the duties if they don't make an appointment.

Thus, if they are the Client, and they don't explicitly appoint someone else to be PD and PC, then they will end up as effectively being PD and PC.  It would be better to appoint themselves as PC and PD and put that on the F10.  There's no problem with a Client being PC and PD (providing they have the necesary skills knowledge experience capability).

Note, however, that all this is actually independent of notification and the F10 - they will have the PD and PC duties for projects that fall below the notification threshold.  CDM2015 has done away with the former link between whether you notify HSE and whether you have any particular dutyholders.

thanks 1 user thanked achrn for this useful post.
RichColl on 13/12/2016(UTC)
RichColl  
#4 Posted : 13 December 2016 09:27:40(UTC)
Rank: New forum user
RichColl

Thanks for the help guys.

The project will probably run over the 500 person days threshold, but would be borderline.

So assuming that they are dutyholders for PC, PD and client... would there be a need to produce a health & safety file as well as a construction phase plan or could that be included on one document.

I'm just struggling with how to translate the requirements on big business's with different dutyholders on a project into the small time developer world.

Cheers

RayRapp  
#5 Posted : 13 December 2016 09:45:37(UTC)
Rank: Super forum user
RayRapp

Rich The duties contained in CDM do not differentiate between small and large projects. So in effect, where a duty is required and regardless of whether the role is Client, PD or PC, that duty applies. A H&S File is very different document to a Construction Phase Plan, therefore I cannot see how you could combine the two documents. I cannot really see how the duty to provide a H&S File and CPP could be particularly onerous on a substantive project which is also Notifiable. I don't like having to fill out my tax returns...but hey ho.
Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.