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#1 Posted : 17 October 2007 13:43:00(UTC)
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Posted By Iain Cameron Hi guys, The question was asked of me recently as to whether or not the main contractor on site has a duty to provide sufficient lighting levels at areas where people are engaged in work. Our company predominantly works as a subcontractor on various sites to the main contractor. The main contractor was asked by us to provide more lighting in an area that was too dark, but we were told that it is not the responsibility of the main contractor to do this. They informed us that they are obliged to provide emergency lighting only, and that if we needed it illuminated then we had to do it ourselves. Now, section 44 of CDM 2007 states: Lighting 44. —(1) Every place of work and approach thereto and every traffic route shall be provided with suitable and sufficient lighting, which shall be, so far as is reasonably practicable, by natural light. (2) The colour of any artificial lighting provided shall not adversely affect or change the perception of any sign or signal provided for the purposes of health and safety. (3) Without prejudice to paragraph (1), suitable and sufficient secondary lighting shall be provided in any place where there would be a risk to the health or safety of any person in the event of failure of primary artificial lighting. Also, section 25 states: Application of Regulations 26 to 44 25. —(1) Every contractor carrying out construction work shall comply with the requirements of regulations 26 to 44 insofar as they affect him or any person carrying out construction work under his control or relate to matters within his control. So... am I right in thinking that the main contractor can walk away from this requirement, and place the burden on all the subcontractors under his control, providing he supplies emergency lighting? This doesn't sound at all right to me!
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#2 Posted : 17 October 2007 14:29:00(UTC)
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Posted By Robert K Lewis The duty is on all contractors as employers and therefore the precise allocation of duties is dealt with in the contract terms. If this was not specified then the PC holds the duty. Most contracts however split the duty thus: - Task Lighting - Subcontractor - General Lighting for access and emergency - PC There is no simle answer it does depend on the contractual arrangements. Bob
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#3 Posted : 17 October 2007 14:34:00(UTC)
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Posted By Tom Bailey Unfortunately for you it is right. The main contractor has a responsibility to provide safety lighting, primarily to escape routes but also to potentially hazardous areas. It is the responsibility of the workman to provide adequate task lighting to complete the job.
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