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Query: Can the CDM-C sign the F10 on the clients behalf? If yes, in what circumstances?
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Posted By MAK
Discuss please. All responses appreciated.
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Posted By Michael Battman
No.
Surely, the whole point of the client's signature is to confirm that they are aware of their duties. If the CDM-C signs it; how does the client prove they are aware of the duties?
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Posted By cathal
One of the changes in CDM 07 was to remove the 'Clients Agent' this was seen as a direct move to identify the Client as a duty holder, this will become more evident when the corporate manslaughter and Homicide act is introduced.
The CDM-c Duties are most explicit in his duties to advise the client so if the CDM-c then signs off on the F10 form then he undertakes the role of the client making him responsible to introduce and make available resources for Health Safety welfare and pre start up costs. I am sure that they would realise how far they have strayed off the CDM track.
The CDM-c cannot sign the F10 Form unless he is a client carrying out his duties under CDM 2007
Cathal
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Posted By Mike Charleston
I hold a long-standing CDM-C role with a client who expects that, all other things being equal, I will be involved with a series of projects over several years. They are all small-scale but that's not the point. He sat with me and explored the CDM07 issues to my satisfaction and is entirely aware of what they require of him as a client.
We came to the conclusion that it was administratively more convenient for me to sign F10's on his behalf, so we agreed a form of words that recognise his duty but delegates responsibility to me as CDM-C. Any use of this delegated responsibility is naturally followed through with an emailed copy of the relevant F10. We use an equivalent F10 format and word-processed signature so that it can easily be converted to .pdf format (again for our own convenience).
Not a bomb-proof system but certainly suitable and sufficient by my assessment; certainly sufficient for the HSE to have raised no objections to date.
So where's the problem?
Mike
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Posted By Robert K Lewis
The regulations are specific - the F10 is signed by or on behalf of the client. In spite of the smoke screen created by many this means that the CDMC can sign the F10 but there are two essential conditions for the CDMC to consider:
1) CDMC must be confident that the client is aware of his duties
2) The client has agreed to him undertaking the signature on his behalf.
I know that at one time the HSE attempted to subvert the meaning of "by or on behalf of" to mean only the client or an employee can sign. The legal precedents for the meaning of the phrase have been well affirmed in other areas of law and the HSE now recognise that their attempted changes to meaning were not supportable in court.
No competent CDMC will place his organisation at risk by signing for an unknown, to him, client but equally many have longstanding close relationships with some client organisations and these pose no risk in providing the signature.
Bob
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Posted By MAK
Dear Bob,
I was hoping to snare you with this net, I hope you dont mind! :) I will be sending you an email privately, and again I hope you dont mind.
Dear all,
Thanks for the link again, I couldnt find it, despite participating in that discussion back then.
I was aiming not to re agitate this hornets nest, but just to ascertain whether CDM-C's find that they now have invaluable support from the client or client organisations?
Have things improved?
Have you experienced resistance by clients to sign? if yes, is this due to expediency or avoidance?
If you are signing on the clients behalf, are you content to do so? is it on occasion? at critical times only? do you have a letter indicating you have the clients permission to do so?
Are you satisfied that you are being given the opportunity that your client is aware of his responsbilities?
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Posted By Robert K Lewis
MAK
Just remember I can be expensive!!!!:-) :-) ;-)
Bob
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Query: Can the CDM-C sign the F10 on the clients behalf? If yes, in what circumstances?
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