Application to domestic clients
7.(1) Where the client is a domestic client the duties in regulations 4(1) to (7) and 6 must be carried out by
(a)the contractor for a project where there is only one contractor;
(b)the principal contractor for a project where there is more than one contractor; or
(c)the principal designer where there is a written agreement that the principal designer will fulfil those duties.
(2) If a domestic client fails to make the appointments required by regulation 5
(a)the designer in control of the pre-construction phase of the project is the principal designer;
(b)the contractor in control of the construction phase of the project is the principal contractor.
(3) Regulation 5(3) and (4) does not apply to a domestic client.
A domestic client has no duties or responsibilities even if they do not appoint their contractor formally to take H&S duties, if they have no duties or responsibilities they cannot have liability.
My conclusion from this is that, in future, I will ask a contractor for a brief note confirming they are suitably insured and that they recognise their duties under this regulation.
I also act in a commercial sense as Chair of our management company and our agent always stresses our responsibilities there.
If anyone is left in doubt I suggest they talk to a lawyer
"No, ladders are not banned. They can be used for low-risk, short duration work and where a risk assessment shows that other more suitable work equipment cannot be used due to the layout of the work area."
"Short duration work means tasks that are measured in minutes rather than hours eg replacing a few of broken tiles on a roof or adjusting a television aerial."
Did I say ladders were banned? No I did not. How do you think they would get up on the scaffold? A flying machine? They are not considered safe working platforms at height and two storeys is a considerable height. Indeed, I noted that clearing gutters from one would be fine. That does not involve use of much in the way of tools. It certainly does not mean you are trying to handle materials and tools all while holding onto a ladder.
boroughbloke, I don't know what you do in the construction industry, make the tea? But you clearly have a good understanding of the regs for commercial operations, if a little shouty, CRIMINAL!, but I don't think you know how to read a rather good set of legal documents the CDM 2015. For a domestic client there is no liability. End of.
So a retired pensioner responds, for example, to a local classified advertisement and engages a young fit roofer to fix a few roof tiles, who then falls off a ladder and breaks a leg or worse. The pensioner is pursued through the courts? Absolute rubbish. It is this constant spread of misinformation that does the H&S executive such harm. @Boroughbloke does his profession a great disservice.