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Posted By Patrick Canning
Need something cleared up
I am H & S Co-ordinator for a construction company, we are about to start a new large project, I have been asked by our directors to carry out the role of CDM Co-ordinator, can I carry out both roles, would this not mean that I would be policing myself.
Patrick
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Posted By willhiem
From what i know of CDM co-ordinator you need to have a design or engineering experience and need to be a member of relevant organisations (see the other posts on this), i'm not 100% sure on it.
I know in Ireland there is nothing to stop a client appointing the same person to both roles, the legislation is essentially the same for most parts, not sure if the same applies to cdm though.
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Posted By CFT
Patrick
Can you meet the minimum prescriptive criteria within appendix V of the CDM 2007 ACoP? In addition do you have experience (although admittedly, everyone has a first appointment)
What do you mean by 'large?'and have you any previous experience as a PS, or specifically from that side of the fence?
CFT
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Posted By Robert K Lewis
Are you saying that the job has been tendered and handed over to you without the client appointing a CDMC? I hope not.
I am a little troubled by the directors of the contracting organisation handing this over to you unless you are competent to perform the role. Your question implies that you are not, although you may have some H&S competencies that form part of the role. Being the H&S professional and the CDMC for a site does not mix readily and we always segregate the roles with a separate person managing H&S function. It leads to clearer communication lines.
If your organisation has accepted the CDMC role under the contract and has no competent persons to fulfill the role than they are in fact in potential breach of regulation 4 of CDM07.
Bob
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Posted By Mitch
Agree with Bob, if the Client has placed the contract without appointing CDMC they are obviously not aware (or choose not to be aware more serious implications for CDMC!) of their duties under the CDM Reg's. The question you are asking clearly means you are not aware of the duty of CDMC so how can you advise the Client of his?
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Posted By Patrick Canning
Sorry I should have said I am qualified & do have enough experience, we are the land owners, the client, and have been given the plans from the end user,(a hotel chain, & the contractor, my concern is that would I not be policing myself
Patrick
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Posted By Robert K Lewis
Patrick
I presume that you have then the design experience required under the regulations and the contractor is preparing the plans under a design build contract - if I understand you correctly? I am still unsure about this as I feeel uncertain about the relationships.
Is the PC part of your organisation? Who was the CDMC when the design was conceived and planning requested? You are implying that you are part of a group that is both developer and contractor that is undertaking design build to a scheme provided from a Hotel with a performance specification to meet.
I still prefer the H&S advice and CDMC to be separated sfrp. Certainly it is your own organisation which would be the CDMC rather than you per se. But I am not going to follow up the discussion omn the intention of the regulations on this. From your perspective keep it as an organisational appointment and thus you will not be left with personal liabilities.
Of course if this is a new area to your company you must discuss the matter with your PI insurers before you start.
Bob
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Posted By Ron Hunter
It is perfectly (and legally) acceptable for an employer to carry out more than one of the Duty Holder Roles.
Not uncommon for one employer to encompass all 4 key roles.
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Posted By CFT
Patrick
I think I have the gist of this;-) 'policing', are you saying then that YOU are the client and you own the land and that you have been trying to sell the land but not as a design and build venture?
When you say, 'we are the land owners, the client,' I assume you refer to your employer as a 'collective we?'if this is the case then the 'client' will not be you per se, you are employed and if you can tick all the boxes I see absolutely no reason why you can't do this (on my perception of what you are saying)
I am confused though, as you said in the original post you work for a construction company and the directors have asked you to be CDM-C, you then say you are the client, and the land owner, or was it the 'royal we' rather than you?
It's probably me just having a senior moment, have I failed to grasp this properly? If it is just me being dense, then I clearly need to do a 'dobby' on myself.
CFT
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