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Posted By Leigh Hayman
I'm trying to firmly establish who has responsibility for health and safety during the construction process in France. My understanding is that the client has repsonsibility but the on site management passes over to the nominated Architect for the project. I have recently bee told that when a contract is signed with an architect for a new development then all the responsibility for health & safety on that development passes from the Client to the Architect.
Any help or links would be extremely useful.
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Rank: Guest
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Posted By Merv Newman
The person who is "maître d'ouvrage" (head of works) is responsible for H&S during French construction projects.
"Dictionnaire juridique et contractuel des affaires et projets
Maître d'ouvrage
Le donneur d’ordre au profit de qui l’ouvrage est réalisé. .
Dans toutes ces situations, du fait de sa position, le maître d’ouvrage a deux obligations principales :
- définir clairement ce qu’il veut et
- se prononcer sur la réception de ce qui lui est livré."
Translation : "The person who gives the order to the profit of whoever the work is undertaken for.
In all situations, from the fact of his position, the MdO has two principal obligations :
- clearly define what he wants and
- Pronounce on the suitability of what is delivered"
End of quote/translation.
The MdO may be the client who exercises this function on his own behalf or it may be another person. (not necessarily the architect)The MoD must be designated at the building permit and "declaration before work starts" stages.
The simplest case would be a "closed site" with only one company is involved in the work (which excludes any subcontracting)The MoD can be the site manager, manager/owner of the building firm or another person.
Where more than one company is involved then the MoD must designate a suitably qualified "coordinator"
More complicated is an "open site" (not actually defined as such but easier for my English speaking readership)an example of which would be a factory having work done on site by another company. Here a safety plan would have to be established between the "user" and the "provider" An MoD and, if necessary a coordinator would still be required)
Even though such an internal site could be effectively "closed" (IE no access to other than contractor/subcontractor personnel) respect of the safety plan by the provider is expected to be monitored by the user.
In case of injury the courts would look at all parties, provider and user.
Refs : Code du Travail L-235 and R-238
Merv (but don't quote me)
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