Posted By martinw Mark - have a look at this, it might help http://webcommunities.hs...wmessage?messageid=73643 Martin

Posted By Nicholas Sutcliffe Our organisation has had this situation on a few occasions, we now have a standard document that our designers hand over to all clients as soon as they are appointed, it gives a breakdown of the clients duties under CDM 2007, I'm fairly sure it ofetn does not get read but we hightlight the last 2 lines which state "Breach of the regulations is a criminal offence. The penalties for breach are: Magistrate’s Court: fine up to £5,000 Crown Court: unlimited fine." that generally gets their attention.

Posted By Tony Simmons If the Client fails to appoint a CDM C then they themselves are deemed to have been appointed to the role. Regulation 14

Posted By martinw Folks, could I clarify something please? I know about CMD stuff only from reading about them from threads like this one. Now you guys know what you are talking about so I listen. In the post I put in above, the link is to a HSE discussion forum where the message is that you do not automatically become the CDMC if you do not appoint someone else to do it as it has to be in writing. What am I missing? Martin

Posted By Ciaran McAleenan Dear all Please see CDM 2007 Regulation 14 (4). Wheres the debate. It is not an assumption, rather the law deems the client to be CDMC in event... Best wishes Ciaran

Posted By martinw OK - fair enough. I told you I wasn't au fait with it...... Thanks for the response Martin

Posted By Mark1983 Are CDMC's ever appointed where a project is non-notifiable? Section 4 part (a) says after the deemed bit 'SAVE PARAGRAPHS 1 and 2...' 'SAVE' means 'except for' ie/ exceptions that don't apply. To my interpretation the client only assumes the role of CDMC by default if the project is non notifiable. Later regulations for instance 18 speaks about designers not going past the initial design until a CDMC has been appointed for the project. Wouldn't that make a nonsense of it seeing as by your interpretation there would always be a CDMC because the client would have taken that role on by default? Your thougts please :)

Posted By Mal Guys, Ron is right, when a project is notifiable as per the notifiable criteria then the client takes on (legally) the role of the CDMC if they do not appoint one. No debate. If you want to confirm ring an HSE Inspector (not the info line!!). Regards, Malcolm ps: Mark, in response to your original query, contact the client, in writing or verbally, dependant upon your relationship with them, and clearly point this out.

Posted By Ron Hunter I guess this point is subject to discussion & hot debate elsewhere Mark? It all seems quite clear to me. The Client is required (by Regulation 14) to confirm his appointments in writing. (Those drafting the Regs. obviously had rules of evidence in mind here.) The law then requires a "positive action" by the Client. This extends to those Projects where he decides he has the necessary competencies to appoint himself. Evidentially then, in the absence of anything in writing,(the above "positive action" not having been taken, and thus an omission) he is deemed (key word) to have been appointed to undertake the role. This then ensures that the Enforcers always have someone to pin offences against for all the seperate Regulations.