Posted By Jeff Blair I an currently discharging the role of PC on behalf of my company on a project that will carry out the same modifications on 4 seperate buildings, with a phased release of the buildings to the project. The project involves a main contractor and 3 sub-contractors employing up to 20 personnel on site at any one time , and is obviously subject to CDM. The project is on schedule and work on the first building is 35% complete, the second phase on the next building is due to commence shortly. Prior to the work commencing and the area transferred to the contractor control, I undertook a safety inspection of the work area. During the recent storms damage was caused to the building roof, temporary repairs were taken to the roof, however during heavy rain fall a number of areas of water ingress were discovered on access/egress routes, resulting in slipping hazards. Question: Am I within my legal rights as PC to instruct the contractor not to commence work prior to the work area being handed over until suitable repairs have been made to the roof? or, as the work has not commenced and the area handed over to the project control do I only have the legal power as PC to advise the client/project manager of my concerns that a hazard exists that will need elimination/management prior to work commences.

Posted By Jeff Blair Ken, The way my company discharges the PC role is to appoint an individual from the organisation to act as PC as opposed to the main contractor taking on the role, they see this as a better way of manageing the work.

Posted By Ken Taylor So it really is all down to you personally and you are not there to advise but manage the site and issue instructions (and take the consequences if things go wrong!) I'm now amazed rather than confused. Has anyone else reading this come across this arrangement?

Posted By Liam Mc Conalogue Ken, Never in my experience over the years have I come across this type of situation as that posed by our colleague Jeff. I wish him the very best of luck with his post of PC, because he certainly has taken on a vast amount of resposibility. I guess there are a lot of companies out there who would certainly offload responsibility, but as with other roles within the CDM and also with regards to the practicality of the role it all boils down to competency. I would like to see the job description Jeffs company has used for this transferring of the role of PC. Liam

Posted By Ken Taylor Your situation is not unusual Danny - although I prefer the Planning Supervisor to be contracted to the Client rather than the Principal Contractor. However, in Jeff's situation, his employers are appointing him as a sort of in-house principal contractor (ie with the role personally). This would pose interesting legal arguments if things go wrong. Does he have the insurance cover? will there be any vicarious duty by his employer in respect of the PC role? Are sub-contracts direct with him? etc.

Posted By stephen J Smith Does the concept of the controlling mind influence this interesting discussion and if the controlling mind is the company then I would offer the opinion that vicarious liability comes into it. stephen

Posted By steve e ashton To be fair to Jeff's employers - it is not uncommon for large organisations, who occupy and operate large and complex sites (and who retain appropriate in-house expertise) to hold the role of Principal Contractor in-house along with the role of client. Normally the roles are held by different parts of the organisation - procurement vs projects for example. This provides a mechanism for the organisation to control, supervise and monitor project works and to impose their own (often highly detailed and onerous) health and safety standards and procedures on all who come on site. Jeff writes that he is 'discharging the role of...' NOT that he 'has appointed as..' as some previous respondents seem to have inferred. His employer carries the can for the proper discharge of the functions (as with any other employer / employee relationship) and I don't see any exceptional requirement for personal insurance. The CDM regs (currently up for review and revision - see HSE website) do not recognise or accomodate all possible contractual situations, and what's in a name? Previously, I suspect, the position occupied by Jeff would have been called the 'project manager'. As for the specific question asked - Jeff, if you are satisfied the work can be done safely by your contractors, then warn them of the hazards, ask them to provide a method statement and risk assessment that deals with the situation effectively, and let them get on with it. If the work to be undertaken cannot be done safely (eg if it involves a lot of delicate or high voltage electrical work) then, in the role of principal contractor (clients agent / employers representative) you have an obligation to suspend works until the hazard has been removed. The contractor may impose additional costs for the delay - it is not his fault your building has sprung a leak - but will hopefully understand the reasons and be able to re-schedule as appropriate. Hope this helps a little. Steve