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Posted By Mitch
On projects begun before April 6th and still ongoing is CDM 2007 to be applied or will they run to completion under CDM 1994? Probably been asked before, if so I missed it!
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Posted By Mitch
Perhaps a bit more explanation of where I'm coming from. My company is currently undertaking a development involving demolition of an existing factory and replacing it with a new building . I was given the responsibility of "sorting" this out H&S, planning issues etc. If I was the Planning Supervisor under CDM 94(as I was described by the Principle Contractor) am I now the CDM Coordinator under CDM 2007? If so who decides my competency (I'm a Mechanical Engineer with Managing Safely under my belt!) the client (my bosses) or the Principle Contractor OR should I flee?
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Posted By Robert K Lewis
All change to the new at April 6th 2007 - No transition other than the short list of items shown in part 5. These relate to re assessment of competence for the contract parties, ie designers, co-ordinators, contractors, principal contractors and subcontractors, and a time limit on the life of existing client agents.
Thus apply all the new regs as of now.
Bob
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Posted By Robert K Lewis
ps
Client assesses competency of co-ordinator, designer and PC, or contractor on non-notifiable works. PC assesses competence of contractors employed by himself and ensures these do likewise to any contractors that they employ.
Bob
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Posted By Mitch
I assume as an employee my employer can appoint me as Coordinator but does this mean my competence has been assessed by them, is so what evidence is required of this?
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Posted By Robert K Lewis
Yes it does; but if they are wrong they have committed an offence. Equally if you believe you are not competent for the role and accept it you have also committed an offence.
Good here isn't it:-)
Bob
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Posted By Mitch
Thanks CFT and Bob I think I'll flee regards Mitch
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Posted By Jo Overton
I'm a little stuck with these new Regs...I have a client (I'm a safety consultant) who has their building company attempting to sign off the F10 as client, co-ordinator and principle contractor and they will not have a bar of me telling them that they cannot do this. The guy who has signed all of this off has a 15 year old NEBOSH Certificate (but no copy, so can't prove it!!) and is now arguing that he has experience and this makes him competent. I'm a little confused with regards to competency so any advice would be welcome.
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Posted By Robert K Lewis
Jo
Three thoughts
A) It is perfectly feasible for the client to act as all parties - this is specifically allowed by the regulations. The proviso of course is that the client is competent in all the other roles. If he is not there are de facto breaches of legislation. He will have to demonstrate this competence etc to the HSE if asked.
The regulations actually state that the client is deemed to be a designer, contractor or CDM C if he has not appointed one at the appropriate time.
B) The client signs section 13 of the F10 and the co-ordinator composes the remainder - subject of course to the never ending "on behalf of" debate. Thus technically the client is not incorrect.
C) I feel that you might be advised to move away from this client as he has his own strong views that could place you at risk. If you can evidence the lack of competence you need to construct a careful letter explaining the issues - in any case be prepared to part company with this client.
Bob
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Posted By Philip McAleenan
Jo,
The F10 is to be signed by or on behalf of the client. The issue of signing is not one of competence, but whether the person signing by or on behalf of the client is authorised to do so. As the CDM Coordinator is the one completing the form and ensuring that it is forwarded it is their duty to ensure that it is appropriately signed. In this case he may well have been authorised to sign off on behalf of the client.
With regard to the competence of a CDM Coordinator, they are expected to have appropriate qualifications and experience, and there are many different ways that this can be demonstrated, but it is up to the client to be satisfied as to the competence of the coordinator (whether an individual or company) before appointment. As this person is in place, the client must therefore have been satisfied with regard to their competence.
If you have justifiable grounds for querying his competence (and the fact that he gained a qualification 15 years ago neither negates the validity of the qualification nor undermines his competence), raise your concerns with the client and let them pursue the matter.
Regards, Philip
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