Duties of Contractor
CDM (Jersey) Knowledge Base
Please note this topic relates to the CDM (Jersey) 2016 Regulations. If you are looking for the CDM 2015 (Great Britain) Regulations, please see the CDM (GB) Knowledge Base
The role of contractors on a construction project means anyone engaged to undertake any construction work. Under regulation 13 of the regulations all contractors have specific duties under CDM2016.
Every contractor engaged in a construction project must:-
(a) ensure that the client is aware of his or her duties under Regulation 7;
This can be achieved by asking the question of the client, best done at the appointment stage, However you can also make sure you have asked them the question by formally accepting the appointment in a letter, in the letter you could also have the client duties enclosed. In both cases keep a record for reference purposes.
(b) plan, manage and monitor his or her own work and that of workers engaged in the project;
Each contractor is skilled at within their own particular area, plasterers, electricians, civils, roads etc. As a subcontractor on site you are expected to manage your own team and ensure that they are adhering to your systems and processes. Additionally you should have monitoring systems in place to monitor your team and make them aware of any particulars of the project.
(c) in the case of high risk construction work, prepare safe work method statements in accordance with Regulation 19;
Most contractors have method statements for the types of work they carry out. However these are often generic. The expectation of the new regulations is that you make sure that any method statements produced are fit for purpose and relevant for the project you will be working on an its specifics.
(d) take all reasonable steps to ensure that all contractors engaged by him or her on the project and persons engaged to undertake construction work are competent to do the work for which they are engaged;
Competence is often missed or not done correctly / sufficiently. However if it is done correctly it can prove to be very beneficial for all parties involved on a project. Any contractor appointment should ensure that their own employees have the necessary skills to do the work you are asking them to do.
(e) provide supervision and training to their employees where it is necessary to ensure, so far as is reasonable practicable, that the work is done competently and safely and that Regulation 20 is complied with;
There should be a chain of command established for your workers, this should detail who are the direct reports and their responsibilities. Additionally here should be regular training needs analysis carried out to ensure that your team is fully able and competent to do the work. The collation of training records would be most useful to support this requirement.
(f) ensure that arrangements for assessing and controlling the risk of health hazards and the provision of amenities for welfare that comply with the requirements of Regulation 34 are provided to his or her employees.
There should be management arrangements in place that define what you have in place for controlling risks for health and safety. All contractors have the right to access to appropriate amenities on site (toilets, washing, drinking water, rest rooms etc.)
Minor Construction Projects
In the case of a minor construction project every contractor must in addition to the duties set out above:-
(c) ensure that the client has appointed a principal contractor (unless the client is the principal contractor);
This is a question that should be asked at the appointment stage, you should not start working on a site unless you know this information.
(d) co-operate with the principal contractor in planning and managing work, including taking notice of the principal contractor’s directions and site rules;
Regular scheduled meetings are the best way to do this. Communication is paramount and helps facilitate better working relationships between parties on site. Your team must be given the opportunity to have access to the site rules and be included in the information dissemination when changes are made.
(e) provide details to the principal contractor of any contractor whom he or she engages in connection with the project;
You should provide information to the principal contractor regarding all members of your team working on site. This may well include other contractors working for you. You should have information about who they are, what they are going to do and the skills they have to enable them do the job.
(f) provide any information needed for the health and safety file to the principal contractor in the case of minor construction projects and to the health and safety project co-ordinator in the case of major construction projects;
This information may well include materials used or particular ways of working / building the structure. The aim is to ensure that the file has sufficient information to support any future projects and/or demolition in the future.
(g) inform the principal contractor of any likely difficulties in implementing and adhering to the health and safety plan;
If you are unhappy about the requirements of the job or if you believe there would be a safer way of doing it then it is your duty to table these with the principal contract during your regular meetings. Remember that the health and safety for all while on site is paramount.
(h) inform the principal contractor of any accident, illness or dangerous occurrence at the site.
The reporting of ALL incidents as soon as possible is vital as this allows the principal contractor to put in place further safety measures. All members your team must make sure they report all instances.
Major Contsruction Projects
In the case of a major construction project every contractor must, in addition to the duties set out above, ensure that the client has appointed a health and safety project co-ordinator.
Again, this should be done at the appointment stage, ask the question. On a major construction project, where there is no health and safety project coordinator in place, it is your duty to remind the client of their duty to appoint. If none in place it would not be wise to start construction.
Projects without a Principal Contractor
Where there is no principal contractor the contractor who has control of the construction work or the construction project must draw up a construction phase plan in accordance with Regulation 18.
The construction phase plan is a key working document that may well be updated during the construction phase. The main contractor has a duty to create a construction phase plan and it should include all the management arrangements for the project. On larger projects this document will have input from other contractors working on site.