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Responsibility for French Contractors working on our behalf
Rank: Forum user 
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Good morning, We work as a shop fitting business and have a client who have started looking at developing new stores in Europe. Due to EU labour requirements, as I understand it, we are having to use local contractors working on our behalf. My question to the forum is, in the event of an incident or accident, where does the responsibility lie? Is it with us as the main contractor (even though we do not have a presence on site) or (in this case) the French contractor working on our behalf? A liitle more context- we have a Contract Manager associted with the project who attends each week to monitor project progression and finishing quality.
Kindest regards, Refgizmo
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Rank: Super forum user
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Hi Refgizmo If you are shopfitters, then I assume that you are familiar with the CDM Regulations. With the exception of Part 4 of CDM, those Regulations transpose most of the European Commission "Temporary or Mobile Construction Sites Directive". Every Member State in the EU has had to transpose that amongst other EC Directives on occupational safety and health. Hence, you can expect that there should be a role akin to that of the Principal Contractor in whatever law is in place in France to transpose TMCSD. Seems likely to me that your contractual arrangements with your Client are such that your organisation ends up with that particular hat on. How you exercise that role and take steps to coordinate your sub-contractors is then up to you. If you choose not to have a full time presence, then you probably need to think about what you are doing instead. If you go to the EU online bookshop you will find the "Non-Binding Guide" to implementing TMCSD in both English and French.
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 1 user thanked peter gotch for this useful post.
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Rank: Forum user
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Thank you Peter. Yes, I have received a document which, when translate, shows distinct similarities to a Construction Phase H+S Plan, with references to various articles of the French labour code, which translates with distinct similarities to CDM. (maybe not to UK standards, but similarities none the less). Your point with where 'the hat' sits- contractually, we are the Principal Contractor, so presumably the responsibility is always going to lie with us. I am meet my Directors to discuss this as, it is not sitting easy with me. Refgizmo
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Responsibility for French Contractors working on our behalf
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