Good evening all.

let me discuss a situation.  If you have a construction site that is controlled by a Principal Contractor (who is basically the site managers) and who employees either CIS or sub contractors to carry out all the work task etc on site then where is the line drawn with regards to his responsibilities and accountability.   for example:

1. Risk Assessments.     Example - Lets say a Brick Layers or Scaffolders do not provided their own risk assessment to the PC (Site Manager) for review.  Then where does this leave the PC with regards to compliance to regulation 3 of The Management of Health and Safety at Work Regulations 1999?  

2. Dusk.  Example - Lets say a sub contractor  (Carpenter) on the PC's site is carrying out work that creates a significant quantity of dust.  However, the operatives are not wearing RPE and no other controls are in place i.e. LEV / attachments to appliances etc...  in addition, there are other subcontractors working within the same room as the Carpenters and are being subjected to the dust risk and are not wearing RPE... Then:-

(a).   Who is responsible for providing RPE?   (In reality it is would be relevant employers of the sub-contractors and not the PC... ? )   

(b).  Who is responsible for ensuring Face Fitting Test for the dust Mask?

I wish this was a scenario that was not so common on construction sites but unfortunately I rarely find a site where dust controls are actually designed and implemented to any real level of compliance or where the operatives are actually wearing RPE (and its even rarer to find they have carried out face fitting).  Mind you i inspected a site the other day where the site Manager actually stated to me he didn’t know what the HSE is..?

Like most scenarios in health and safety, there are multiple duty holders with various responsibilities, in this case, under the Health and Safety at Work etc Act 1974, CDM and COSHH.

You've not made clear whether the site manager is the Principal Contractor or is in effect the sole employee of the PC on site - if the latter each would have duties. But so do all the workers, and if any are employees their employers.

How the Courts might see the relative levels of responsibilities would depend on a number of variables including the level of control each duty holder has on what is done.

I forgot, that photo, can help point out what you think is the problem, such as a cloud of dust cutting blocks or a PPE vest tied in knots or the wrong gloves or no respirator or helmet on backwards, or no harness when working on scaffolding, or not attaching harness, or taking short cuts through barriers, or excess speed in forward tipping dump trucks, or lack of eye protection or lack of hearing protection.  All made worse if workers from different contracts are working side by side, but without shared PPE requirments.  Always a tough one that.