Rank: Forum user 
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I have a client engaged to fit solar panels to factory roof...Principal Contractor has arranged for edge protection scaffold around perimeter of roof...my Client are due on site next week to be told the scaffold has been stripped to allow cladding works and they must now provide their own edge/ fall protection...surely down to PC to provide a safe place of work...it sounds like PC has made a commercial blunder and should have ensured all roof works completed before stripping scaffold.
Any ideas of a response to my Client?
thanks
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Rank: Super forum user
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Sounds like the starting point is a commercial one - your client (I assume NOT the CDM Client) need to go back with a variation to thier price adding in a hefty additional cost for edge protection / fall prevention measures and see what comes back
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Rank: Forum user
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That was my initial response..told them to check their contract...apparently there is a mention of access...which is internal via hatch on to roof...they have recced the site and scaffold handrail fully installed..sent me a pic...PC has now took it down to allow cladding works and told my client to sort out edge protection themselves or work off harness/lanyard...all a bit rum tbh
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Rank: Super forum user
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Hi date - this is a classic case of conflict between criminal law and contract. So, the criminal law says to take such precautions as are reasonably practicable and whether full edge protection meets that test will to some extent depend on the nature of the project and the various packages of work to be done. That edge protection HAD been erected is a tacit admission that it was reasonably practicable, and it would be difficult to argue that it WASN'T reasonably practicable to leave it in place until the solar panels had been put in. So, whilst the primary duty of care rests with those in charge of putting in the solar panels, if they opt for means of fall protection well done the hieararchy of control than the full edge protection, the Principal Contractor is going to find it hard to prove that they were compliant with their duties under CDM. This is entirely different to e.g. the scenario where the only job would be to ADD the solar panels on to an existing building. At that point you would have to consider whether erecting edge protection met the test of reasonable practicability and that would depend on variables including how long the task takes and balance against the cost of putting up (and taking down) edge protection AND the risks of THAT work where it might be that the risks to the scaffolders outweigh the protection afforded to those doing the solar panels.
But this is a commercial issue - is the Contract watertight in placing a duty on the PC to provide proper precautions or can they wriggle out via the internal access and whatever is in place to enable the use of harnesses as fall prevention?
Even if there isn't wriggle room, enforcing the Contract such that the PC has to put the edge protection back up might mean no more business from the PC for the subbie doing the solar panels.
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Rank: Forum user
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Many thanks for replies--I have passed on to my Client
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