Rank: New forum user
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Afternoon all,
We have the following situation which i and the Project Engineer are uncomfortable with, is it unusual, can you offer advice?
* We have just purchased previously shared lad on site, therefore we own it all.
* The previous owners of the land we have just got have equipment which we have sold to another company.
* The other company has engaged with a contractor to remove the equipment.
* We write the PTW for this company as it is on our site, BUT, we do not manage them as they work for the company buying the equipment.
I beleieve it is very messay and am concerned from the above point of view. I believe the contractor should work for us and cut out the middle man as we still have a duty for the contractor on site, we write their PTW but we do not manage them and have not appointed them.
Sorry for length of text but i hope you can help?
Cheers
Alan
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Rank: Super forum user
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Very unclear how this is a CDM issue? Can you provide a little more detail?
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Rank: Super forum user
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Have you asked your insurer.broker for advice, they may have a view?
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Rank: New forum user
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It doesn't fall into a notifiable job but wondered how this situation would normally operated under the Regs?
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Rank: Super forum user
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How does this relate to CDM?
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Rank: Forum user
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Alan:
The removal of machinery would not be normally classed as "construction work" so CDM wouldn't apply, unless this machinery forms part of a "fixed structure", and even so it seems unlikely it'll take 30 days and initiate "full CDM" measures.
If they've bought the machinery, I don't see how you can insist on you controlling any contract for its removal. Seems to me the best you can do is to ensure that the contractors aren't able to injure other site workers etc. by creating an exclusion zone.
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Rank: Super forum user
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Personally, I'd be just as concerned about liability issues arising from re-supply of the machinery (probably more so)!
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Rank: Super forum user
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Alan:
I have acted as safety co-ordinator for the dismantling and export of a large MDF press. The purchaser was in Iran - and he sent a team of (non-English speaking!) spanner wielders to dismantle the press and prepare for transport. From a live, operational board mill plant.
Don't get too hung up on complying with CDM - there are other ways of looking at things which may make more sense in this situation - the most important, really, is for you as site owners / occupiers to communicate effectively with the purchaser's workforce who are 'sharing' your site whilst they are there.
So whilst you may be able to 'fence off' an area where they will be working, you also need to tell them about any services in or through the area (I assume this is why you are issuing 'permits to work'?) and how / when they are isolated? You also need to let them know where they cannot go on site - for whatever reason.
But equally they need to communicate with you - can they block a site roadway temporarily to bring in a crane for example, or is it OK for them to use another part of the site for laydown and sorting / packing? Can you help identify local lodgings or a supplier of cranes? (No) Can they use your toilets and washrooms? (Yes) Car Park? (Yes) Can they sleep over on site? (NO!)
These are not CDM issues - they are general site management issues more readily 'covered' (if you need to pigeon hole) by the management regs. The fact that dismantling a large piece of equipment (and for example removing a roof to allow the crane to lift kit out of the building) can be assessed as falling within the scope of construction activities doesn't necessarily mean this is ithe best way to try and manage the job. The important thing is that you communicate effectively - and it doesn't really matter whether you do it to comply with the CDM regs duty or the arrangements duty under the management regs...or the co-operation and co-ordination duties under the management regs.
So, yes, you can issue PTWs - and you can claim that you're not managing the dismantlers... BUT if you fail to communicate effectively - if you fail to prevent their workforce being injured on your site as a result of your activities (or any of your workforce being injured as a result of forseeable risk from their activities) - then you may face the magistrate. You may not be telling them what to do or how to do it - so maybe you're not 'managing' them in the conventional sense - but you do have a responsibility / duty to give due care for them whilst they are on your site.
And - as a final thought - if they arrive, unable to speak English, without work permits (illegals) and without any arrangement for overnight accommodation... - Just ten big guys with wrenches... Then you are entitled (as site owner/occupier) to keep 'em out until you are satisfied by the purchaser that they know what they are doing... if you want to. If you see one of them walking across a fragile roof with no edge protection, wielding a hammer and tapping the roof looking for easy access to open the roof - then you also have a moral (if not strict legal) duty to stop him and explain the error of his ways... And when the radioactive thickness gauge source from the machine 'goes missing' in transit on its way to Iran - pray to whoever you believe in that you made it very very clear the plant was sold 'as seen', and the purchaser accepted all responsibility for shipping and export...
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Rank: New forum user
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Hi all, thanks for the replies, in particular Steve's.
I'm afraid i may have given the CDM issue as a bit or a red herring. It's more the responibility in the event of an incident involving the contractor - obviously we will have precautions in place to prevent that but if it did happen it gets a little messy with us not appointing them but we have issued the PTW and it is on our land. The MS and RA, training, maintenance records etc go to the purchaser (Thai, they are using a local person to independantly control the workers (british)). We obviously review them before issuing the PTW but as i say we didn't appoint them and really the only control over them is the PTW.
Anyway i know the Project Engineer will keep tight control on them. FYI its fixed plant including centrigues with a potentially explosive (detonable) atmosphere.
Alan
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Rank: Super forum user
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When working on any construction site in the UK do you appoint all the workers? so what is the difference here, you have control of the site, so you make the rules, whats different from any site in the UK,
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