Hello All,

I have a difference of opinion with one of my Directors in the following scenario:-

We do refurb projects for one of the big 4 Supermarkets. The projects cover all parts of the store front of house and back.

Some of the work is carried out by our direct labour.

Some sub-contracted out by us.

Some by contractors nominated by the Client, but paid by us.

Some by contractors nominated by the Client & paid by the Client.

I'm maintaining that none of this matters. We are the PC and we are responsible for ensuring the H&S of everyone on site.

My Director feels that the last option on the list above, because they are paid by the client, fall outside of our sphere of control. I'd be happy to here any and all opinions on this.

Thanks in advance

Andy

I would be inclined to agree witth you. The client has nomiated you as their PC, so regardless of how the contracts have been won then it bears down on you to run the site.

Make sure with your client that they are aware that any sub-contractor appointed by them will be subject to your own checks to ensure you fulfill your obligations.

The only way I could see that this wouldn't directly involve you would be if they were working completely independently from you, but if its your site they are accessing then simply turning a blind eye to them and their activities will absolve you of any responsibility.

Fiesta,

I spent 7-8 as a H&S advisor in retail construction, working predominantly for the big 4 supermarkets. In fact, i probably know you!

Your question has been asked, and answered, a million times and you are 100% correct in your stance. Anybody who walks through that gate is your responsibility, regardless of who they are or how they are paid.

So far as overlap with the developer, this was something i've encountered a few times. Generally when we arrived for the fitout stage the developer would be finishing off external works. In these cases, the front doors would be locked and we access/egress via the rear. We would be under our own F10 as a completely separate site.

Where the developer needed to access the internals for the odd bit of snagging, they would come roud the back, be inducted, provide RAMS etc. Worked well.

Under CDM 2015, the PC has the responsibility for H& S during Construction Phase

However, if the construction work is undertaken in a operational supermarket, there will  be interfaces with the Client operations. These need to be  aprt of and clarified in the Construction Phase H & S Plan.

Therefore it will depend upon the details-if you have completely segregated areas or not.

My earlier response was short due to other matters and others have filled in the blanks. Nevertheless I feel I must add the spirit and the law of the CDM regs is about co-operation and communication. It's not about bureaucracy.

The client should ensure everyone involved in the project is aware of the programme of works, including contacts of other contractors and being invloved in site meetings. If they are not, I suggest the PC raise the issues formally with the client. The regulators will not be interested in excuses after the event.