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Posted By paul harman
Good afternoon
I need some clarification on the role of the CDM-C. We are acting as the Principal Contractor on the replacement of glass panels in a leisure centre.
The CDM-C is insistent that he scrutinises every RA & MS for all activities. He is now refusing to to let the project commence because he is not happy with them.These are not design issues he is querying but safety related issues to do with operations that will take place.
We as the PC are happy that the risks have been identified and the controls are in place.
Firstly, is he within his rights to insist on seeing them and secondly can he pass comment on them, thus holding up the project.
Regards
Paul
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Posted By CFT
Paul
The CDMC is not actually required to either approve the CPP or the actual implementation of works; they should not be involved in supervision, or monitoring of actual work, this is as you suspect down to the PC and his supporting specialists.
CFT
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Posted By Crim
However - the CDM-C works for the Client and acts in the client's interests, therefore he can advise about the competency of the P C. You should communicate with him/her and reach an agreement on "who does what".
I copy the CDM-C all method statements for his perusal, but this is only after I have approved the M S. There are some contractors that are unable to write a good MS and need some assistance in that area.
Risk assessments are not the responsibility of the CDM-C and I would not pass those on to him, however the CDM H & S Plan should be available to all and he/she can see the R A's via that route.
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Posted By Pat Hannaway
Paul,
the CDM-C has to advise the Client on (1) the appointment of a competent PC, and (2) also advise the Client adequacy of the PC's initial construction phase H&S Plan. He does NOT have to approve the plan: that is the role of the Client.
Assuming that you have already been appointed and accepted by the Client as being competent then if your initial construction phase plan is adequate there should be no reason to withold their "approval". In my opinion the CDM-C, if not happy with your RA's and Method Statements, should discuss them with you, stating their reasons. Meetings and negotiatoins are the best route to resolving this issue.
The CDM ACOP makes it clear that NOT all RA's & Method Statements have to be complete at the start of the construction phase. Page 35 of ACOP states "This plan should set out the organisation and arrangements that have been put in place to manage risk and co-ordinate the work on site. It should NOT be a repository for detailed generic risk assessments, records of how decisions were reached or detailed method statements, but it may, for example set out when such documents will need to be prepared". The CDM-C therefore does not have to see all of your risk assessments or method statements at time of submission of your initial construction phase H&S plan.
However, you are also required under CDM to advise the Client of their duties. If in your opinion the CDM-C is not acting "competently" you are obliged to advise the client. (Especially if it is causing undue delay to the client). If you choose this route make sure that your arrangements are really sufficient and fully compliant with the CDM ACOP; back this up with hard facts (e.g. Some contractors trade bodies / HSE produce guidance on the content of certain Risk Assessments / Method statements: compliance with these would be generally seen as "reasonable".)
Regards
PatH
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Posted By db
Agree with much of the above.
However, although the ACoP states that the client duties (or the CDM-C's) do not extend to checking or approving the actual method of work of the PC, there are other general duties under section 2 and 3 of HSW that may or may not apply.
For example, if a client is having work done on their own premises there are general duties to ensure the method of work carried out by others on your premises (that may or may not have an impact on your employees) complies with the law.
In reality this duty can be thought of on a sliding scale so for a big company with many resources (and its own health and safety department/manager etc.) they would be expected to do more to ensure correct control measures are in place than a small company with no health and safety experience.
If the CDM-C in this case is suggesting that they think there is an issue with the methods he is doing it in his clients best interest - and in the interest of the workers having to do the work. You couldn't suggest he is incompetent from the evidence here.
If he is wrong or right, the way forward is to have a meeting with the client - in reality it will be up to them as they are paying.
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Posted By Robert K Lewis
The CDMC has however to be specifically appointed to do this role by the client as it is not a CMC duty even in the role of providing advice to the client.
Bob
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Posted By GT
Paul,
I have to agree with Roberts ( Bob's) first and last statements.
My reading of the documents is in unison with his.
Regards
GT
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