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#1 Posted : 03 December 2006 15:16:00(UTC)
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Posted By Crim
The draft CDM 2007 ACOP para. 203 onward discusses Stage 1 and Stage 2 competence checks and uses the word "should".

As far as I'm concerned that means we will do it so I'm now on the cadge for the necessary questionnare forms.

Does anyone already have such forms that you would be prepared to share with me?

I also seek some views on the example 19, (same page), re the P C who engaged a roofing company who then sub-let the work to a non-competent sub-contractor. An employee was fatally injured and both the P C and Sub-contractor were prosecuted for failing to check the competency of the company which actually carried out the work.

Q1. Is this a real incident.

Q2. What can the P C do to ensure this does not happen?
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#2 Posted : 03 December 2006 17:20:00(UTC)
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Posted By Granville Jenkins
Hi

The word 'should' is used as the ACOP is a guidance document and you do not necessarily have to follow it, however, if you choose to follow or implement some other system that is up to you, but if you get it wrong the courts will turn to the ACOP for guidance and if your system falls down somewhere then you can expect no mercy from the courts - so it is far more prudent to follow the principles of the ACOP.

Regards
Granville
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#3 Posted : 04 December 2006 12:33:00(UTC)
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Posted By Robert K Lewis
Crim

The duty is on the client to appoint competent persons and on the persons to ensure that they are competent. This applies all the way down the line through sub contractors, sub-sub contractors etc etc. The failure to ensure that only competent organisations are employed rests with the employing organisation. It is not simply a question of questionnaires, it is about the ability by organisations to demonstrate how they manage the competency of people in their employ on an ongoing basis. This is more than providing training records or accident statistics however.

Regulation 4, with its wide duty embracing CDM, inclusive of the principles of prevention and other relevant provisions, is potentially the key to the management of all aspects of construction work. Assessment under this regulation I think will involve clients and employing contractors in having clearly defined systems to manage competence. They will then impose this on those further down the line of contract employment.

Do not attempt to think of reactive information requests such as accident statistics but more about such as "How did you investigate your last serious accident?" when you set out to measure competence

Bob
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