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#1 Posted : 07 June 2007 09:58:00(UTC)
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Posted By Kevin Drew
We are currently the Principal Contractor on a large decommissioning project (notifiable) that has been running for several years. Over recent months the Clients Agent has increasing been using other contractors on the project under their own management arrangements.

After some prompting, the Clients Agent, has implemented co-operation and co-ordination meetings with ourselves and other parties involved.

However, by no stretch of the imagination are we, as the Principal Contractor, being allowed to perform our key duty to “properly plan, manage and co-ordinate work”.

In my opinion, the Clients Agent is not working to the spirit of the regulations, past or present.

I am particularly concerned that in the event of a major injury to a contractor outside of our control, that we will, as the Principal Contractor, will be held responsible.

Any comments/opinions/advice would be appreciated.

Thanks in anticipation.

Kevin Drew
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#2 Posted : 07 June 2007 10:42:00(UTC)
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Posted By TONY
Kevin i'm quite happy to discuss this with you as i had the same happen on one of my projects email me direct with a contact number.

Cheers
Tony
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#3 Posted : 07 June 2007 12:23:00(UTC)
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Posted By Robert K Lewis
Determine your contract if this is cost effective as the Agent is frustrating your legal duties. Alternatively insist on your legal power to control all work in your defined area. Talk to your CDM co-ordinator and ensure that you, as PC, are setting the controls and managing any sequencing of work etc.

The HSE are often ready to assist recalcitrant Agents to understand their role.

Bob
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#4 Posted : 07 June 2007 12:37:00(UTC)
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Posted By Kevin Drew
Bob,

Nice idea but the Co-ordinator is an employee of the Clients Agent and can see nothing untoward. I have tried prompting/advising, etc but to no avail.

Kevin Drew
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#5 Posted : 07 June 2007 13:04:00(UTC)
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Posted By Robert K Lewis
Determine contract or contact HSE seem to be last resort. You are certainly at risk. The HSE can be discreet and organise random inspections if you have the right relationship with them. email me if you need to.

Bob
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