Posted By Richard We are having some major construction work done during the summer, to which CDM Regs apply. Yesterday I spoke to one of the contractor's employees who was using a road drill without hearing protection. My boss subsequently told me that since we have handed the site over to the contractor it is none of my business what they do. I am not a CDM expert but my interpretation is that unless we have we have appointed an agent, and the appointment has been acknowledged by HSE, then we, as the Client, retain health and safety responsibilility for the operations of the contractor, and the sub-contractors, (albeit shared) and therefore I have a duty to monitor their operations, if only to prove "due diligence" I know this has come up in the past, but I can't seem to find it in the archive. I would welcome some advice from those who are a bit more familiar with CDM than I am! Thanks Richard

Posted By Craig Foyle Richard Your boss is wrong. The CDM Regulations place duties first and foremost upon the Client. The recent Construction News (IOSH) highlighted that Clients are the main target for HSE prosecution. Even if all safe systems, procedures and a health and safety plan are in place the Client has ultimate responsibility for the site. If you provide your contact details I will let you know where to find information on this. Craig

Posted By Richard Perhaps "monitor" was the wrong term to have used. My understanding is that since we have control of the premises, we have the resposibility, and as HSO that responsibility devolves to me. We/I cannot simply opt out by saying we have handed over to a contractor, unless that contractor is officially our agent, and this has been acknowledged, in writing, by HSE. Craig - my contact number is 01382 834845 Richard

Posted By Bryan Owen So to get this clear, you have construction work underway on your site (for which you are the responsible person), for which contractors have been employed who are not looking after their own health and safety. Looking at the law, the prime concerns for you should be firstly section 3 of the HSW Act, and then the relevant sections of CDM. I would say that the Octal experience does apply here, as you will have agreed the working practices / method statements to be undertaken on site with your principal contractor, including any permits to work, etc. Therefore this employee is effectively using your systems of work. And as far as monitoring goes, CDM may not say that you should monitor, but it definitely does not say you shouldn't. If you're concerned about an issue on your site, go and sort it out. You represent the client, and by that I don't mean the CDM - version of client, I mean you are the company that's paying the bill at the end of the day. Remember, it's still your site, irrespective of who is working on it for you, and what they are doing. You may have the legal responsibility to ensure the safety of other people not in your employee, but you also have the moral responsibility to ensure the health and safety of every one who crosses your threshold.

Posted By Jim Sweetman Richard, You'll have difficulty finding that case, I suspect. I'm actually referring to two cases, previous to CDM: Octel Associated (1995?) - Prosecuted for incident where contractors were injured for not following a safe system of work. It was decreed that they should have had more control over their contractors. Derby County Council (1992?)- Digger swung bucket outside site curtilage and took top of double decker bus, killing a student. It was decreed that council officers/engineers on site should have seen and dealt with problem. I have no transcripts of these cases, but would advise contacting IOSH Technical. Regards Jim

Posted By Jay Joshi The query was specifically in the context of where CDM applied and not otherwise. Unlike non CDM work,(which I understand all the references to case law, including the OCTEL case referred to) CDM assigns specific responsibilities to all parties in the construction work. Where CDM applies, it is the Principal Contractors (PC) duty to manage and be primarily responsible for health and safety. It will be the construction phase H & S plan (which the client has a duty to ensure has been prepared before construction work starts) that will provide the details of any site rules, how to deal with problems if there is non-compliance with the site rules and the interaction of the construction work with the clients normal ongoing work activities if any. The type of CDM project will determine the “level of control” a client may have on the day to day activities of the Principal Contractor. For example, if a commercial developer (who is a financier—not a construction/building undertaking) i.e.Client has commissioned a design & build project to be executed at a greenfield site where the client has got no existing presence, then I cannot see how the client can be held responsible for day to day safety at the site if the client has done EVERYTHING expected of him in terms of competence and resources of the principle contractor, ensuring that a suitable H & S plan has been prepared before the start of the construction phase etc etc. Obviously in other CDM projects, the client may have “varying degrees of control” at the site. In this case the client must consider these factors and ENSURE that it is included in the construction phase health & safety plan. I cannot see how you as a client ensured that the PC’s H & S plan was suitable if it did not include “site rules” , including either reference to your (client’s) site rules if you have that level of control. And the nothing prevents you from insisting that the site rules include the actions you as a client can take if there is non compliance-especially if you have that level of presence/control at the site.