Rank: Forum user 
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Hi,
Just thought I would share a response from a construction contractor who has been employed to carry out work on our site.
I have asked for relevant certification for excavators and dumper truck but been told that a self assessment has been carried out by the employing company. Our Control Of Contractor Site Poicy states that relevant proof of training must be provided and must be from a recognised agency, i.e. RTITB, CITB, ITSARR etc.The contractor has no certification. The reply is as below;
"Following your comments on site, I feel that the simplest way and have agreed with Ollie that the area in which we are working is now handed over to us and we will not need to go outside of this area and your staff will not be permitted in this area.
I’m instructing John to continue on site without any further delay as this is now outside of your jurisdiction."
The contractor is saying that under the CDM regs they have taken total responsibility for any and all H&S issues away from us as a site?
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Rank: Super forum user 
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They are wrong.
For all projects, commercial clients must:
- make suitable arrangements for managing their project, enabling those carrying it out to manage health and safety risks in a proportionate way. These arrangements include:
- appointing the contractors[2] and designers[3] to the project (including the principal designer[4] and principal contractor[5] on projects involving more than one contractor) while making sure they have the skills, knowledge, experience and organisational capability
- making sure that any principal designer and principal contractor appointed carry out their duties in managing the project
- making sure suitable welfare facilities are provided for the duration of the construction work
SBH
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 1 user thanked SBH for this useful post.
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Rank: Super forum user
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The certs should have been requested prior to being engaged on site and during the procurement process - something is amiss with your management systems.
Given the response by the sub-contractor I would have them off site very sharpish.
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1 user thanked RayRapp for this useful post.
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Rank: Forum user
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Originally Posted by: RayRapp  The certs should have been requested prior to being engaged on site and during the procurement process - something is amiss with your management systems.
Given the response by the sub-contractor I would have them off site very sharpish.
Hi Ray,
Our policy is to have the RAMS inc training certs in place two weeks prior to work commencing, problem is obviously this did not happen and I will agree this is a failing on our part even though I was only informed of the work on Thursday last week "Possibly" for these reasons.
I would like no more that to get them off site but have had to plead my case to senior managers and directors who will make their own decision.
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Rank: Forum user
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Tail wagging dog scenario here. I can appreciate however that this was sprung upon you like a wet dog if the analogy must keep going :-) This is where a H&S proffesional must stick to their proverbial guns! I would be on site mauling over everything. Ultimatley it would be unreasonable for people without training to operate heavy dangerous machinery. Contractor doesn't control any part of H&S on a project solely on their own. I don't know the construction side of H&S too well ,but isn't there supposed to be a H&S file that all parties share and mull over?
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Rank: Super forum user 
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The H&S file is a set of documents describing the thing that has been constructed and how it should be maintained. You may be thinking of the construction phase plan which sets out how the construction will be done.
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