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Query concerning the law & CSCS Cards being required
Rank: Forum user
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Good afternoon all,
We run a cash & carry and we have a contractor on-site at the moment constructing an external building on our premises. Can someone please answer the following: 1. I understand that the area is under the control of the contractor as a construction site, but if we as Managers & employees of the Cash & Carry require access to site for the purposes of inspection or to install equipment ourselves such as computer terminals, do we BY LAW require any kind of CSCS card or is this at the contractors discretion? The employees performing the work will be in possession of Company standard H&S training and will be IT experienced employees who have worked for the company for many years. They require access for a few days whilst the site is occupied by the contractor but obviously due to the time taken, they can expect the contractor to supervise them throughout the entire visit. They will only be installing computer terminals and data cables in a single room that has already been constructed and is freestanding from the rest of the construction. Normally we would expect the IT employee in question to undergo a site induction delivered by the contractor before being allowed on-site to perform their work, but this one contactor is suggesting that these employees would be required by law to hold a Laborours CSCS card.
Regards
Paul
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Rank: Super forum user
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From the horses mouth https://www.cscs.uk.com/news/why-a-100-carded-workforce-isnt-always-100-right/
CSCS cards are intended for construction related occupations only. This is fully supported by the Construction Leadership Council’s (CLC) announcement that card schemes carrying the CSCS logo must only certify those occupations with nationally recognised construction related qualifications.
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 1 user thanked Roundtuit for this useful post.
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Rank: Forum user
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There is no legal requirement to have any CSCS card in construction or for any associated works. It simply shows a recognised competency. Gaining a card is not simple, though, you require either a specified h&s course or nvq and pass a screen test.
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Rank: Super forum user
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Hi Paul, further to the good advice already given I would add that if the said area is under the control of the Principal Contractor, then they are at liberty to insist on the site rules including access within their site. I assume you are the client and as such you need to liaise with the PC to ensure your contractor has unfettered access for installing any IT equipment. That said, it does sound like the contractor is being a bit churlish with regards to access arrangements.
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Rank: Forum user
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Originally Posted by: Roundtuit  From the horses mouth https://www.cscs.uk.com/news/why-a-100-carded-workforce-isnt-always-100-right/
CSCS cards are intended for construction related occupations only. This is fully supported by the Construction Leadership Council’s (CLC) announcement that card schemes carrying the CSCS logo must only certify those occupations with nationally recognised construction related qualifications.
Try telling that to some site agents who have been battered for many years by head office saying "no card, no access". Lots of examples of people who got cards for the sake of peace and quiet when they were not doing anything "construction" on the construction site now seriously worried.
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Rank: Forum user
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I am a citb approved trainer , and regularly meet, landscapers, cleaners, specialist engineers, security installers, and av engineers whom are obliged to get CSCS cards to work on site, which in my opinion proves a basic h&s standard. All of these and many others should be able to spot poor h&s. I ran a maintenance business until recently and put all my staff through the card system to make me feel happier. As a consultant for various building companies we have run the one day course with test but without progressing to the screen test to gain a recognised qualification. It’s not perfect by any standard but better than guess wirk
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Rank: Super forum user
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As client the best way would have been to write such access into the contract and specify exemption from any cscs or similar requirements for such people. Now you have an argument BUT you do have the gold.
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Rank: Super forum user
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Try telling that to some site agents who have been battered for many years by head office saying "no card, no access". Lots of examples of people who got cards for the sake of peace and quiet when they were not doing anything "construction" on the construction site now seriously worried.
Quite happy to beat the drum once more "Lazy Health & Safety" - why do the job when you can have tick boxes providing a false sense of security to your management/board.
For those that do please remember there is a current consultation under the sentencing guidelines to take the maximum imprisonment term from two to eighteen years - so whereas 2 years may have been the maximum in years to come it may end up considered the minimum i.e. you are in prison regardless
Keep feeling smug all your boxes are ticked, as with all matters legal it is only in front of the bench your systems are checked, balanced then if found wanting....
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