I have a Client's Agent who refuses our start on site because "the format of our plan is incorrect". I follow CONIAC, Construction Sheet 43 guidelines - to the letter (and more), unfortunately he is pedantically insisting that the format should be as per appendix 4 to L54 ACoP "Managing construction for health and safety - a format that I maintain is for the PRE Tender H&S plan. He will not see reason in spite of having both construction sheet 42 and 43 sent to him. Unfortunately he has been informed by someone at the HSE Information Point that he is correct. We are sticking to our guns! Unfortunately the "Planning Supervisor" is part of the Client's Agents Organisation and will not put him right (or has insufficient knowledge to). What course of action would you recommend?
The question above was originally posed via our Ask A Guru feature and this response from 2004 was by either Dave Carr or Michael Stokes.
We agree that the format shown in Appendix 4 of L54 ACoP is for the Pre-Tender Health and Safety Plan, and is only guidance, therefore having no legal status. The current ACoP does not contain any guidance as to the format of the Construction Health and Safety Plan, but this will be rectified when the new ACoP, due in the Autumn, is published.
An electronic copy of the Consultative Document 'CD161', containing proposals for revising the ACoP, is attached (PDF format). Sections 8.9 to 8.15 inclusive, contained on pages 50-53, detail the requirements for a Construction Health and Safety Plan. There is no reason to believe that the proposals contained in the Consultative Document would be amended, in this respect, prior to publication.
The proposals contained in the Consultative Document for the Construction Health and Safety Plan are as stated in Construction Sheet 43, with some minor amendments.
I would add however that Appendix 3 of "A guide to managing health and safety in construction" (the Brown Book companion to the ACoP) also provides guidance on what should be considered for inclusion in the construction phase plan.
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