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#1 Posted : 12 February 2004 14:41:00(UTC)
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Posted By Peter MacDonald OK. this is a further question relating to my last post about CDM. My company has been employed as the principle contractor to carry out demolition work. At the time of bidding we invisaged using sub-contractors A,B and C. Shortly after demolition began the client employed a seperate contractor to strip out some reusable items from the areas to be demolished. It is a large site and the client let us sort out between us where they could work so there was no interference between each others work. We signed their four men off on a daily permit so we could count them in and out (we were not asked too but our site supervisor felt it was a useful check). We were not consulted by the client on the nature of their works and were not specifically charged with managing their works, providing facilities or monitoring progress. The new contractor has a specialist job of which we have no specialist knowledge. I note that in the CDM APOC 1994, there can only be one Principal Contractor on a project at any one time although their can be more than one project on site if the packages of work are independent and do not rely upon one another for their viability or completion. My question is this. If the client asked only to communicate our movements to each other,and we were not instructed to make changes to our arrangements in welfare and management systems to accomodate them, and were given no specific info on their duties, are they a seperate project on the same site, and ARE WE THE PC. If we are, have we been short changed by the client. If you're new to this thread, no-one (including myself) gave this arrangement a second thought until the second contractor had an accident on site (completely unrelated to our activities). Regards Peter
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#2 Posted : 12 February 2004 15:02:00(UTC)
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Posted By Paul Leadbetter Peter Monitoring the other company's employees via a permit system sounds like management to me. Paul
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#3 Posted : 12 February 2004 15:38:00(UTC)
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Posted By john ridley Whislt not an expert in CDM, what I have learned in my own limited way, is that the whole structure of CDM relies upon the relationship of the various bodies involved in the work and I hope the following may help you. As the principle contractor, the site should be under your control and all activities on site should be under your direct control and part of your overall safety plan submission ahich should include the control of everyone eneytering the site. I will presume that this was agreed by the appointed planning supervisor and the client on agreement that you would be the principle contractor. I work in the telecomms industry and we require that any of our employees who want to enter a site during the construction phase to work e.g. fit out telecomms aquipment, must first produce a safety plan to the principle contractor so that this can be integrated onto their overall safety plan. Part of that submission must obvioulsy include method statements and risk assessments. It is vital that all safety arrangments and controls are cascaded as to do otherwise is increasing the risk and could lead to stoppage of all work on site until the authorities have investigated. We usually tell our project managers to think of things that might hold up the project and they usually respond with late delivery or wrong material. We then enlighten them to the effect of a fatality, a fatal fire or some other such emergency and the resultant authority involvement in investigating the incident e.g. police as the coroners agents etc. That usually gets them on board, well for a while anyway. I hope this helps Peter
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#4 Posted : 24 February 2004 20:07:00(UTC)
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Posted By Chris Uren My main concern is that as Principal contractor was the work being undertaken flagged up to you in the Pre tender plan from the Planning Supervisor. Regardless, once work was known about it should go in an amendment to the Construction phase plan which is an evolving document. I would be interested to know what steps the Client and possibly his planning supervisor took to look at the competence of the Contractor that they brought in. Welcome to the CDM minefield. Chris Chris
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#5 Posted : 25 February 2004 09:08:00(UTC)
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Posted By Robert K Lewis Peter If they are within your work area then as long as you are the PC then you control them or alternatively the client can take the role from you and pass it to the other contractor. Whatever 1 Work Area = 1 PC and whatever the client wishes then it cannot be changed. The use of a permit is a start but did you receive and accept their proposed methods and did you adequately ensure the work area was safe and can you document this. I hope ultimately the accident was not tooo serious or there may be later difficulties if the questions cannot be answered positively. Bob
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#6 Posted : 25 February 2004 10:13:00(UTC)
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Posted By Peter MacDonald With regard to the last two entries. We were not given any details of other works in the pre-tender HSP. We expected on award that we would only manage our own workforce and a limited number of activities subcontracted to ourselves. At no stage in the tender or pre tender meetings did we pass ourselves off as a "management contractor", we are a demolition company and feel competent to manage all aspects of our work from explosives, working at height, lifting operations, asbestos removal, waste mangement etc etc. We are the principal contractor because their are no other terms within CDM to cover what were asked to do. However, I feel the client should at least formally communicate their desire to add activities to our remit, and at least allow us to decide if we are competent to manage them. If they new all this other work was going to be carried out they should have apointed themselves as PC. Was CDM designed to allow clients to appoint a PC and foist extra work (and a duty of care) of any nature upon him without proper consultation? I hope not. In retrospect we should have said no to any other work on site, at least until such time we had a chance to inspect work procedure and determine if we were capable of managing them (and perhaps get paid for it?. I guess we were niaive ( and wrong) accepting the contractor on site, but my point is that the client has been deficient in its duties also. As a footnote the injury was a broken wrist sustained when a chain block gave way. Peter
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#7 Posted : 25 February 2004 10:34:00(UTC)
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Posted By Chris Uren Peter I still have a concern about the role of the Planning Supervisor in this. You should perhaps establish from the client what responsibilities the PS had with regard to advising and perhaps even writing the pre tender plan. You may find that the Client simply did not understand their responsibilities under CDM. This would not be unusual. This CDM lark can be a minefield can't it. Chris
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#8 Posted : 25 February 2004 11:18:00(UTC)
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Posted By Peter MacDonald The client is acting as Planning Supervisor. While we're on the subject can you point me to any good on-line info on CDM. Cheers Peter
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#9 Posted : 25 February 2004 18:02:00(UTC)
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Posted By Martyn Hendrie Unfortunately the CDM regulations do not require the client to clearly define in writing what "the project" consists of. If I were in your position I would try and establish whether or not the client considers there to be one or two projects. If he is treating the current arrangement as one project you have some serious commercial matters to discuss and need to take an active interest in managing safety of all on site. If he is treating it as two projects (hopefully clarified in writing)you have co-ordination issues to discuss with the other contractor. (MHS@W Regs) The client would than have to defend his decision to the HSE/courts were they to investigate the arrangements. As it stands it seems that the client has put you between a rock and a hard place.
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