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tolshar  
#1 Posted : 19 January 2010 10:08:09(UTC)
Rank: New forum user
tolshar

I have a contractor (Principal) who is not properly securing the boundary of their site against unauthorised access. I am aware that this contravenes Part 4 of the CDM 2007 Regulations but does it breach any other H&S regulations as well?
martinw  
#2 Posted : 19 January 2010 10:29:15(UTC)
Rank: Super forum user
martinw

Depends on what the site contains - for example, quarries have specific regulations(reg 16 of the Quarry regs 1999 requires a barrier). Otherwise, duty of care comes from Occupiers Liability Acts 1957 and 1984 off the top of my head.
BigRab  
#3 Posted : 19 January 2010 11:51:21(UTC)
Rank: Forum user
BigRab

tolshar wrote:
I have a contractor (Principal) who is not properly securing the boundary of their site against unauthorised access. I am aware that this contravenes Part 4 of the CDM 2007 Regulations but does it breach any other H&S regulations as well?
Also a potential contravention of Section 3 of the HSAW Act in that it exposes persons not in his (the PC's) employment to risks to their health and safety because the site hazards can be readily accessed by children (or adults) who may be injured thereby.
firesafety101  
#4 Posted : 19 January 2010 12:39:32(UTC)
Rank: Super forum user
firesafety101

I realise this is not the answer you are looking for but is the CDM-C aware? Security arrangements should have been included in the pre construction document, and all involved with the project have a duty to inform.
tolshar  
#5 Posted : 19 January 2010 15:36:01(UTC)
Rank: New forum user
tolshar

Thanks guys! What you have said only confirms what I initially thought although my research has made me realise that the CDM 2007 Regulations does leave things a little `cloudy`. The ACoP expains that the PC shall take `reasonable steps` to prevent any `unauthorised access` and the regaulations talk about them (the PC) having to `fence off` the site with no mention or clarification of the type or size et cetera. It does talk about the fence being `in accordance with the level of risk` which doesn't really help at all. The site I am concerned with is just being turned back from a `laydown area` back to a farmers field. There are no excavations or likewise and although during the night therefore there isn't much of a `risk`, during the daytime there are still a few items of plant and lorries moving about it that would not be good if any young kids decided to start going around looking for some sort of `adventure`. The `fence` that the contractor has put up could be stepped over by a reasonably tall person but with guidance like that I feel that it will be difficult to get anything better. That said though, it won't stop me from trying! Thanks again.
bob youel  
#6 Posted : 20 January 2010 08:22:39(UTC)
Rank: Super forum user
bob youel

is this your PC? as if so you tell the PC what you want as you are paying them not the other way around and if the PC still does not want to play ball 'manage him' please do not think that I advocate using the whip all the time its just that we should manage situations instead of reverting too quoting the law at people and doing nothing thereafter. In this case its a very simple contract 'Terms and Conditions' situation as the contract has been breached and instead of using H&S to manage [getting H&S yet another bad name] people should use the T&C;s to manage
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