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Posted By Karen Jane Bradley
Problem - we are Main Contractor working for a Client who also employs their own "direct" labour force on site in conjunction with ourselves. Although they are nothing to do with our contract, I have been pulling them up on various safety issues only to be told by the Client that they are "directs" and therefore not under our remit. It is not a CDM job. Any thoughts on this matter?
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Posted By Raymond Rapp
Karen
A tricky but good point you make. The client has a legal duty to protect their employees and to ensure those they contract remain safe. Therefore in theory the two should not conflict. Failing this, you also have the same duty, so you are entitled to voice your concerns whether the client likes it or not. Trust me, if an employee was injured the client would look for a scapegoat. The bottom line is that everyone has owes a 'duty of care' to each other. Clearly, if the client will or cannot control their staff in a safe manner you are obliged to; alternatively find a new client! The principle is that whilst you can delegate health and safety responsibilities you cannot obviate them.
Regards
Ray
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Posted By Robert K Lewis
Karen
If it is not CDM as you say then I think the best course of action is to keep these people clearly out of your work areas whilst you are working, even if this means a few cones and planks to demarcate the workspace. Also make sure your employees are clearly identifiable so there can be no mistaken identity when an inspector calls or something happens.
You can notify the client but it sounds as though they rather not hear you. Concentrate on your own workforce and withdraw if a situation exists where your assessment says that your own employees are at risk.
Bob
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