Posted By Michael Hobden I work for a large Local Authority as the Health & Safety Advisor for the Estates Department. We conduct a substantial amount of notifiable construction works and use an outside CDM-C and Professional Building Services Consultants, who conduct all of the necessary planning, preparation and administration for these types of work. My main duties are the day to day health & safety issues in regards to the buildings, and I am therefore slightly distanced from any notifiable projects. I have been asked by my organisation to sign of the F10’s on behalf of the organisation. Before agreeing to sign the F10’s I requested that the organisation give me the necessary authorisation for me to sign on their behalf and asked what my protection is in regards to if any problems should occur during the project, considering that I would be the person within the organisation who has signed of a legal document and therefore agreeing that all of the clients duties have been fulfilled and understood. Before an answer can be given I have been asked by management to give evidence as to what good practise is across the industry in regards to this issue. Having spoken with various companies and followed various discussion threds on other professional forums, it seems that everyone has different opinions and are also doing things in a different ways. My questions are has anyone else had similar issues, am I expecting to much for what seems by most people to be a simple task and how far reaching is that signature of the client on the F10? I fully understand the issues of vicarious liability and all of the other legal issues, but I do not feel that I am wrong in asking for the appropriate authority to be afforded to me by the organisation. I would appreciate any feedback and experiences that anyone else has had.

Posted By db HSE will not hold an employee of the LA responsible for any failures of the body corporate. There should be a policy in place to ensure every department is aware of their duties as a client so ask to see that. Remember, it is also the cdmc's duty to bring to the clients attention any matters which may affect the clients bility.

Posted By Robert K Lewis Michael The issues should be relatively straightforward but I know it is has caused some fluster to occur. 1) The contract is between the Council and the supplier, whether for construction works or other, therefore the council is the legal entity who is the client. 2) Strictly the chief executive officer of the council signs all contracts as the council but this power is normally devolved to such as Directorate Heads who further devolve the power to make contracts to appointed officers of the council. 3) The devolution of the power would normally be within the role definition and associated documents, and may well prescribe limits to that power via such as budgetary authorisations 4) The signature is thus strictly on behalf of the CEO and it is s/he that must take on the responsibility for a failure in the system in that as the client s/he has failed to put in effect measures to adequately discharge their duties. 5) On behalf of - for me - really is talking about authorised non employees who may be so authorised to make such a signature on behalf of the council. I think that some very severe misinformation has been circulated concerning the client and it has been used as a weapon to obfuscate any potential legal action. The council NOT the individual is responsible as client. Look for proper authorisation and powers to let contracts - not sign F10s as a simple job to do. The contract letting officer must be empowered to sign contracts, or already have procedures in place, to obtain the relevant signature. If not - how has the council performed work or obtained materials or services, all these years. This is the mechanism for the F10 signature not a sticking plaster of the H&S officer drafted in at the death so to speak. If they do not know their client duties there is a major training issue to be resolved. Bob

Posted By Robert K Lewis Ziggy I am fully with you and I think that the issues are actually about an unwillingness by some employers to train the people who actually carry out the work. Personally speaking if I were a lowly senior officer instructed by my Principal or director to sign F10s and it is done in writing and they assure me the council understands its duties then by all means sign with impunity. But keep a record of the authorisation - It will be needed in the event of failure and if I were the CDM C I would be looking at my relationship even with an LA where this cannot be sorted out. School heads are a special case but even that is soluble with the aid of a decent consultant and/or management thinking. Bob