Posted By Mick One of our project engineers ask the following questions. What are the legal implications for both ourselves (as the contracting company) and a client if we were awarded a contract. We have previously advised the client in writing, that work comes under the scope of the CDM Rregulations. The client has choose to ignore the CDM Regulations We have been requested to start work on site. Regards Mick

Posted By Martyn Hendrie Whilst I agree that taking the actions set out by Peter would indicate your company was trying to meet its obligations there is still a legal duty on the contractor. Regulation 19 (2)states No employer shall cause or permit any employee to work on construction work unless thay have been provided with the information mentioned in pargraph (4) (of reg 19) Para 4 includes amongst the information required The name of the planning supervisor; the name of the Principal Contractor and the contents (or relevant parts thereof) of the Health and Safety Plan To carry on with construction work knowing that the client has ignored his CDM duties may have some come back on a contractor even if he is trying his best to meet the spirit of the regulations.

Posted By Bernard Angus I am always commenting on the quality of some H& S avice which is given. My advice to your company is not to establish on site and start work without your Client having recognised his legal responsibilities. You as a contractor (whether Principal or otherwise)would be negligent in starting work on what you know to be a CDM project, without having been provided with the information which you need and are legally entitled to have. For example the name of the Planning Supervisor (organisation) and Principal Contractor. Bernard