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TCM41  
#1 Posted : 25 August 2020 11:44:47(UTC)
Rank: New forum user
TCM41

All, 

A project I suppourt has an F10 in place (great)...however it was produced a year ago (09/19) with a "planned start date of 12/19. 

Scope etc. has not changed , however the actual start date happened 2 months ago 06/20 and all the duty holders have since changed (not companies, just the names and contact details for the indervidual named holders). 

Aware HSE's CDM guidence states "The client must ensure that an up-to-date copy of the notice is displayed" and in my mind, the key phrase in that statement is "up-to-date" yet the construction manager is just meh about it... 

Dont get me wrong, its not a hill im willing to die on so im happy to a chalk it up to a "I advised you, you didnt take it, your problem not mine if it ever came to question" BUT... if it needs doing then so be it. 

Can anyone weigh in, for or against? 

Had searched F10 but mainly just found the question and answer for what consitutes notification criteria.  Many Thanks 

peter gotch  
#2 Posted : 25 August 2020 12:42:15(UTC)
Rank: Super forum user
peter gotch

TCM

Regulation 6 of CDM 2015 (assuming you are in GB) says that a notification must contain the information in Schedule 1, i.e.

1.  The date of forwarding the notice.

2.  The address of the construction site or precise description of its location.

3.  The name of the local authority where the construction site is located.

4.  A brief description of the project and the construction work that it entails.

5.  The following contact details of the client: name, address, telephone number and (if available) an email address.

6.  The following contact details of the principal designer: name, address, telephone number and (if available) an email address.

7.  The following contact details of the principal contractor: name, address, telephone number and (if available) an email address.

8.  The date planned for the start of the construction phase.

9.  The time allocated by the client under regulation 4(1) for the construction work.

10.  The planned duration of the construction phase.

11.  The estimated maximum number of people at work on the construction site.

12.  The planned number of contractors on the construction site.

13.  The name and address of any contractor already appointed.

14.  The name and address of any designer already appointed.

15.  A declaration signed by or on behalf of the client that the client is aware of the client duties under these Regulations.

Note that for items 5-7 and 13-14 what is required is the name of the duty holder, NOT that of the human leading delivery of the function.

Regulation 6 subsection (c) says:

(3) The notice must—

(c) if necessary, be periodically updated.

So your debate comes down to what is “necessary”, which is not defined and you are not going to get much help from either the HSE website nor the guidance, L153 which has been described as “lite”.

If your 8 month delay on the site start date is on a 5 year construction programme, then it’s probably not particularly significant.

Conversely, if you have a 3 month programme, it’s likely that some Inspector has binned their copy of the F10 by now and they might be a bit miffed when they come across a site underway which they think hasn’t been notified.

You can of course put them right on this, but by this time their mindset might be unforgiving.

So, probably wise to do an update, just for the sake of keeping the peace with the regulator!

Edited by user 25 August 2020 12:43:25(UTC)  | Reason: Accidentally typed UK instead of GB - NI has its own parallel regs

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