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The client is a retailer and is having a new store fitted out, CDM notifiable - duration 5 weeks.
Three weeks into the programme the work reaches a stage where the client's retail personnel can enter the store to begin merchandising the stock; this is not construction work as they are playing no part in the project so are they “contractors” under CDM?
If they are “contractors” do they need to provide risk assessments? If not “contractors” do they provide risk assessments as they are working inside a CDM unit?
I consider their work to be low risk so no need for method statement?
Your views will be appreciated.
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Rank: Super forum user
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Hi Chris,
in my opinion they are NOT contractors (they are not involved in any part of the construction work). As to the issue of Risk assessments, the Principal Contract may need to amend some of his assessments to take account of the presence of these employees or members of the public / customers (e.g. presence of construction plant, equipment, temporary work and materials may have an impact on them).
Similarly, if the work of the retail staff could have an effect of the contractor's employees (e.g storage of merchandise, parking their vehicle close to the contractor's compound, shared welfare facilities etc.) they may need to amend their own risk assessments.
A meeting between all parties should be facilitated by the CDM co-ordinator before the employees return to the premises, so that all health, safety and welfare issues can be discussed and agreed upon.
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Rank: Super forum user
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PH2, thanks, much as I thought.
The welfare will be set up for the store by the time this occurs, but it will be shared with the contractors.
The programme is so arranged to have most of the construction element in the store itself completed, so there is a reduced construction element.
Vehicles will have access via the car park near to the main entrance, access for persons by the front door.
I would still like to hear other opinions.
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Rank: Super forum user
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Chris, not answering from a CDM viewpoint but from a simple analysis of what controls are needed to keep everyone safe. CDM may specifically define who should do which bits during a project but the principles of what needs doing will not have changed. I am not that conversant with how it works these days, been away from construction for too long.
Store must asses risks to their staff from the non-standard working during set up. They are putting their staff into a different situation than normal retailing. I agree that they are not Contractors. However, the project management must liaise with the store to agree joint arrangements for the protection of both and input any impact of the store staff on the project and vice versa.
Assuming this is a new store then I would see the project management team as being the lead on ensuring that happens and that any additional hazards/risk controls are included in SSOW on both sides for the period whilst both sides are working on site and for as long as the project team are "in charge". The store team should manage their SSOW once it is agreed not the project team.
I guess there comes a time when there is a handover and at that point the store team take over management and any snagging etc is covered usually on permit as a contractor in store.
There is even more risk of confusion when this happens in a store that has some separate parts left open for public retail throughout the project as happened at my local Tesco recently. Then the store team should stay the lead on the impact of the project on their patch and the project team stay the lead on their patch and together agree the SSOW for the project.
I would expect a written risk assessment for the store employees working in the project area unless you can completely segregate their working area from the project areas and the store has risk assessments to cover their activity. i.e it is no different from work in any store and covered by existing retail risk assessments
p48
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Rank: Super forum user
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Strictly the whole of the store is a construction site until the client has accepted control of the building once more and the contract has reached practical completion, this may include the snagging period. In genmeral terms therefore all persons are visitors to the the store and under your control until you agree handover, I personally operated phased handovers of areas as the significant construction work was completed in a zone. Over a period of days the store reverts to the client control. Until this point induct everybody to the site and ensure their activities are co-ordinated with your own contractors.
These projects are never straightforward and I find the phased approach works best in almost every situation
Bob
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Rank: Super forum user
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I think Bob's approach is something along the lines of what I would do, but suggest you go 'back to basics' - it''s difficult to get a 'feel' for exactly what is going on but if the risk is low and the risk of 'conflict' with the construction work is low then some sensible 'phasing' of the work, segregation and management of the risks should, I would have thought, do the trick.
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Rank: Super forum user
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Thank for all the replies so far, I think we all think along the same lines.
What about the new electrical supply to the store, there may be same need for 240 v equipment to be used before the final inspection and test certification?
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Rank: Super forum user
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Easy one that do not use the electrics until the electrical contractor verifies they are ready for use
Bob
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Rank: Super forum user
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At this phase of the Project, there is significant overlap with the Client's undertaking. Where construction work is still being undertaken, the Principal Contractor retains a duty to manage H&S, as does the commissioning Client. Co-ordination and Co-operation required.
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