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Who's duty of care?
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#1 Posted : 10 March 2009 08:24:00(UTC)
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Posted By riskybizz
Location: Major construction site.

Principal contractor carries out works to manhole, fails to fit cover or alternative means of protection.
Sub-Contractor carries out flooring works in same area, covers over the manhole with polythene, further sub-contractor falls in manhole causing a RIDDOR injury.....

All views welcome
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#2 Posted : 10 March 2009 08:32:00(UTC)
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Posted By D H
Principal contractor.

All the sub contractors will come under his control
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#3 Posted : 10 March 2009 08:41:00(UTC)
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Posted By Bob Youel

As already stated its the PC
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#4 Posted : 10 March 2009 08:47:00(UTC)
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Posted By Raymond Rapp
Agree, the PC.
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#5 Posted : 10 March 2009 08:56:00(UTC)
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Posted By Philip McAleenan
The sub-contractor also has a duty of care; he is carrying out work in the area and must ensure that no-one is harmed by his activity. Covering an open manhole with polythene is not meeting those requirements,

Philip
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#6 Posted : 10 March 2009 08:56:00(UTC)
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Posted By al wood
without doubt the buck stops with the P.C.

however you may well find that the P.C. will want the contractor to report the accident under RIDDOR and the P.C. will not include it in P.Cs accident stats.

came across this at a firm that i used to work for and told them they where manipulating the figures to suit themselves by doing this and as such they where not showing a true reflection of the accident stats.

just goes to show how some firms are willing to manipulate the accident stats to lower their K.P.Is.
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#7 Posted : 10 March 2009 09:33:00(UTC)
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Posted By SteveD-M
I think there could be failings from the client down..

Good civil claim coming tho'
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#8 Posted : 10 March 2009 09:35:00(UTC)
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Posted By Crim
The Flooring contractor.

I think you will find that of this goes to court it will be the flooring contractor who receives quite a large fine, the P C will also be in the dock but not directly for this accident?

They both have a duty of care but the flooring contractor is more negligent.
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#9 Posted : 10 March 2009 10:11:00(UTC)
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Posted By Rodger Alan Ker
I'll bet everyone had a CSCS card though!
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