Posted By mrs.seed Help! I know there is currently a legal requirement to employ competent contractors but am having trouble finding this written in law. Its in the CDM94 Regs, but only where 5 or more people are on site at any one time. Its also explicit for all construction work in CDM2007. I am trying to show that as a company we should have been doing this anyway and that it is not a new requirement in CDM07 Any assistance greatly appreciated

Posted By mrs.seed Thank-you, I know the document, but it doesnt state which part of which regulation it helps you comply with. You have highlighted the very reason I have posed this question. Every-where you look says you must assess the ocmpetency of your contractors, but no-one says which part of regulation that satifies!

Posted By Clarke Kent the 2nd Regulation 8 of current CDM regs. Also however, Clients/Employers using competent contractors/employees is also specified in the Management Regs. We use this when people try to claim they are not filling in our competency assessment form as they are not Designers under CDM etc.

Posted By Dave Dowan Hi Is this any help? Employers’ Duties The Health and Safety at Work, etc Act 1974 requires employers to: · ensure, as far as is reasonably practicable, the health, safety and welfare of their employees (including protecting them from contractors’ activities) · provide and maintain systems of work that are, as far as is reasonably practicable, safe and without risks to health · provide, as far as reasonably practicable, adequate instruction and training (this duty has been extended to non-employees, ie contractors, by case law) · carry out their activities, as far as is reasonably practicable, in such a way as not to harm the health and safety of those not in their employment · ensure, so far as is reasonably practicable, the health and safety of persons other than their employees, including contractors. The Management of Health and Safety at Work Regulations 1999 require employers to: · carry out an assessment of the risks to the health and safety of their own employees and persons not in their employment, ie contractors, that might arise as a result of their (the employer’s) work activities · ensure co-operation with other employers, who have employees working in the same premises, on health and safety arrangements · supply any necessary health and safety information to the employers of any visiting employees · inform any such employees of any qualifications or skills necessary for them to carry out their work safely · inform contractors of any health surveillance arrangements · inform any employment agency of any qualifications or skills necessary for that employment agency’s staff to carry out their work safely, and of any specific health and safety features of the work to be carried out. · be reasonably satisfied that any contractor assigned to construction work is competent to carry out the job The Construction (Design and Management) Regulations 1994 require that no persons — which will include employers — shall arrange for a contractor to carry out construction work unless they are reasonably satisfied that they are competent to carry out the work Regards Dave

Posted By Mike Draper Other than CDM, as far as I know there is nothing specific about contractor competence in criminal law. There are however implied duties within the HSW Act and there are precedents in case law. As an employer you have duties to your employees, to third-parties from your undertakings and to all from your premises. In essence this implies that if you appoint a contractor to carry out work on your behalf (such as for maintenance that is part of your undertakings - see Octel), you have a duty to ensure the H, S & W of your own employees and any other third parties from the activities of the contractor. This does not mean that you have to be an expert in the contractors field, but simply that you should make reasonable enquiries and seek evidence that they are competent in their field. Case law examples include: R v Associated Octel Ltd (1994) The Times, 3 August, CA McTeare v Dooley and Others (1994) HSIB 228, High Court Reg 12 of the Management Regs also skirts around the issue, but is focussed on the communication of risks arising from each others activities (the host employer and the contractor) to each other. Case law suggests (and this is born out in CDM 07) that if you make reasonable enquiries about competence and monitor the performance of your contractors, should there subsequently be an incident through the negligence of a contractor, particularly if it was not reasonable to expect you to recognise the negligent act, then criminal liability will be restricted to the contractor. Of course you may still face a compensation claim (the law does favour employees claiming against their employers), but you would be within your rights to mount a claim against the contractor to recover the loss.

Posted By Nikki Hounsell Thanks this dialogue has been very helpful. Can anyone assist with an example of a CDM policy which I understand one has to have?

Posted By Nikki Hounsell Ian Thanks for your response. I found the reference to a CDM policy on the HSE website-'Self assessment of commitment to duties under the CDM Regulations' That seems to suggest that there should be a CDM Policy but maybe that is just how I am interpreting it. Also can anyone recommend CDM training provider in the South East area? Nikki

Posted By Nikki Hounsell Hi Raymond Thanks for this-now I understand what I should have in place Nikki