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firesafety101  
#1 Posted : 13 February 2020 15:06:29(UTC)
Rank: Super forum user
firesafety101

Hi, can a dutyholder pass on his duties to another dutyholder i.e principal designer to principal contractor.

Thanks.

RayRapp  
#2 Posted : 13 February 2020 15:23:14(UTC)
Rank: Super forum user
RayRapp

The simple answer is yes, but only in relation to the health and safety file as per regulation 12 -(8)(9)(10) below. However, the PC can also take on the role of PD if appointed by the client and they fulfil the criteria of competency. 

(8) If the principal designer’s appointment concludes before the end of the project, the principal designer must pass the health and safety file to the principal contractor.

(9) Where the health and safety file is passed to the principal contractor under paragraph (8), the principal contractor must ensure that the health and safety file is appropriately reviewed, updated and revised from time to time to take account of the work and any changes that have occurred.

(10) At the end of the project, the principal designer, or where there is no principal designer the principal contractor, must pass the health and safety file to the client.

thanks 2 users thanked RayRapp for this useful post.
firesafety101 on 13/02/2020(UTC), nic168 on 17/02/2020(UTC)
firesafety101  
#3 Posted : 13 February 2020 15:50:51(UTC)
Rank: Super forum user
firesafety101

Hya Ray,

Many thanks for your reply.

The current position is - the PD is still appointed and will be to the end of the project.  The PD, in the form of Associate CDM, her title, ends her email of this morning with the following "Please can you submit the file for review 1 week before practical completion for final review."

This suggests to me that she expects me to compile the whole H&S File.

sorry aboult the bold but cannot get it off.

thanks.

RayRapp  
#4 Posted : 13 February 2020 16:26:11(UTC)
Rank: Super forum user
RayRapp

Unless there is some misunderstanding, then I think the Associate CDM or whatever they call themselves, needs a polite reminder the H&S File is her responsibility, ergo, why would the PC be passing it to the PD for review?

thanks 1 user thanked RayRapp for this useful post.
firesafety101 on 13/02/2020(UTC)
firesafety101  
#5 Posted : 13 February 2020 17:01:58(UTC)
Rank: Super forum user
firesafety101

Hi Ray,

You have confirmed my thoughts.

Thank you

peter gotch  
#6 Posted : 13 February 2020 19:33:08(UTC)
Rank: Super forum user
peter gotch

Firesafety, I think you should check what the Principal Contractor's contract requires.

Statutory duty on the PC to provide information to help the PD complete the Health and Safety File(s) for handover to the Client(s).

Not uncommon for the Contract to require the PC to do most of the compilation.

The problem for the PD may be when the PC doesn't do what is needed. The Contract cannot take away the statutory duty on the PD to ensure that the HSF(s) is of suitable quality.

thanks 1 user thanked peter gotch for this useful post.
firesafety101 on 13/02/2020(UTC)
RayRapp  
#7 Posted : 13 February 2020 19:54:23(UTC)
Rank: Super forum user
RayRapp

Fair point Peter, as I stated 'Unlesss there is some misunderstanding'...Notwithstanding that, the duty to prepare a H&S File still lies with the PD regulation 12.-(5)(6)

The PC is only required to provide information in their possession for the H&S File 12.-(7)

thanks 1 user thanked RayRapp for this useful post.
firesafety101 on 13/02/2020(UTC)
Ron Hunter  
#8 Posted : 14 February 2020 14:46:35(UTC)
Rank: Super forum user
Ron Hunter

In the context of the OP the short answer is no.

The PD should be instrumental in deciding what will be required (arising from this Project) for the File, what form it will take and when it is likely to be available. PD should be gathering and collating in a format agreed with the Client.

Seems this "Associate CDM" is not competent and their knowledge of CDM very dated.

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