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#1 Posted : 21 August 2006 20:52:00(UTC)
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Posted By Barry Cooper
A client who is also the Planning Supervisor is having a building constructed for A N Other, who will eventually be owners.

The Principal contractor has developed a construction phase H&S plan.

A N Other wants their contractors to install special lighting, and other equipment in the building which is close to completion. No problem with this, as they will forward Risk Assessments and Method satements to the PS, and once approved to the PC.

As Safety Advisor for A N Other, I have asked that our contractors receive a copy of the H&S plan, so that they will be aware of the conditions on site etc etc. The PC has refused, but will allow us to view the document on site.

In all projects I have been involved, and even those where I have developed the H&S Plan, I have always provided all contractors with a copy of the plan, whoever they work for, as this should provide them with necessary information for working on site.

Am I correctr, or can the PC refuse to provide a copy?

Barry
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#2 Posted : 21 August 2006 21:17:00(UTC)
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Posted By Pugwash
Turn the question around. Is there a legal requirement for the PC to provide your contractors with a copy of the H&S Plan? I think you will find that the answer is that is no such requirement and they are therefore entitled to refuse to provide a copy.
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#3 Posted : 21 August 2006 21:53:00(UTC)
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Posted By Davelfc
Barry,

If The contractor as PC has developed CPH&SP, then practically it is very difficult to reproduce for what ammounts to be a subbie, that is if the CPH&SP has been suitably developed. Not all in the CPH&SP would be relevant to a lighting contractor, as it seems the project is at an advanced stage. You are asking a lot to be fair?

A compromise and more practical solution would be for the contractor to have a site meeting and pertinent parts that are relevant to him can be observed. This could also double up with a concurrent site induction. All should co-operate and be reasonable, if copies of CPH&SP was to be made available for all subbies at the various phases of build then this would be a impractical and a drain on the PC the whole point of the document is that it is devloped on site, however if the main works are complete and we are now at fit out fixtures and fittings then really speaking you may be in a position to request the CPH&SP and as many copies that where agreed when contracted, but again this date for release should have been agreed at the contract stage and reviewed at client meetings I hope this helps.

Dave
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#4 Posted : 21 August 2006 22:10:00(UTC)
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Posted By Ross Hunter
I agree with Pugwash. Working as a H&S advisor in the construction industry (PC)who also produces Pre Construction H&S Plans I only provide this document to the Client through the PS and a copy goes to the site.

Contractors, preferred or otherwise are provided with the necessary/appropriate information when they are invited to tender for the work and at site induction, the site copy of the Plan is also made available for them to view as it is to all those working on site.

TheEngineer
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#5 Posted : 22 August 2006 09:46:00(UTC)
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Posted By Martyn Hendrie
I disagree with the comments made that the plan does not need to be given to you.

It is worded in a back to front way but, Regulation 19(2) of CDM says

"No employer shall cause or permit any employee of his to work on construction work unless the employer has been provided with the information mentioned in paragraph 19(4)"

Para 19(4) lists the information required as
- the name of the planning supervisor
- the name of the principal contractor
- the contents of the health and safety plan or such parts as are relevant to the construction work which the employee..... is to carry out.

In my view this means each contractor should be given the relevant bits of the plan. "Provided with" means more than simply made available.

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#6 Posted : 22 August 2006 10:20:00(UTC)
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Posted By Mark Eden
I seem to be confused on this one - the electrical contractor does not have to submit M/S and R/A for approval by the PS.
The PS does not give approval of anything, they advise the Client on siutability of the Construction Phase Plan etc.
The Electrical contractor is on site by vitue of the PC and therefore submits his M/S and R/A to the PC for the work he is to carry out.
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#7 Posted : 22 August 2006 11:15:00(UTC)
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Posted By ken mosley

Mark is spot on with this one.
There is no requirement for the PS to be involved unless there is some design co-ordination required in relation to AN Others lighting contractor. The PC requires the RA/MS of this specialist so he can incorporate it into the H&S plan. The co-ordination of safety on site of all s/cs, whether direct, nominated or third party is the duty of the PC. The clients contractor needs to provide the PC with information for the H&S plan not the other way around.

Ken
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#8 Posted : 22 August 2006 14:10:00(UTC)
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Posted By Robert K Lewis
As Martyn indicates - the key part is that the relevant parts of the plan must be provided to the lighting subcontractor, equally he must also provide his relevant response to the plan and co-ordinate with the PC. I would tend to treat such a party as a nominated subcontractor although there is no contractual relationship.

Bob
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#9 Posted : 22 August 2006 14:17:00(UTC)
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Posted By Ron Hunter
I see no sensible need or indeed any value in providing sub-contractors with a copy of the Construction Phase Plan beforehand.
The Construction Phase Plan is necessarily a dynamic and living document which,where CDM is properly applied should have evolved significantly from the initial construction phase to the time the sub-contractor arrives on site.
I agree generally that sub-contractors should be submitting R/A and method statements to the P.C. and not the Planning Supervisor.
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#10 Posted : 22 August 2006 16:16:00(UTC)
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Posted By Dave Wilson
Tongue in cheek - should be no problem if they have CSCS cards!
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#11 Posted : 22 August 2006 20:39:00(UTC)
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Posted By Barry Cooper
I agree with many of your comments, but I was under the impression that the PC develops the Pre-tender plan into the construction phase H&S plan, this stating all the hazards, rules and requirements of the site including activities of others, management of H&S, responsibilities, procedures etc.

The subcontractor needs to know theses requirements when developing his RA and MS. E.g. the PC may ban all stepladders on site (unlikely I know), the SC needs to be aware of this when planning his work and RA/MS. To find this out at induction may be to late

In the past when I have acted for the PC, the PC's H&S plan and then the PC's Risk Assessments/MS have been submitted to the PS who is acting on behalf of the client.
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