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Builder/roofer with head for heights

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Wednesday 28 November 2018 10.33pm
Quite, we need barrack room lawyers like a hole in the head
Thursday 29 November 2018 7.02am
You are misreading that. Passing on the role is not passing on the ultimate liability.
Thursday 29 November 2018 7.10am
Congratulations on looking the appropriate web page up. Unfortunately, you are misreading it if you thing it absolves the client of criminal liability. It does not.
Thursday 29 November 2018 11.38am
Errr no, it could not be clearer

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
Thursday 29 November 2018 11.54am
And in the regs FAQs

"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."

I think that is pretty clear for Doodlebug1
Thursday 29 November 2018 3.45pm
You are still wrong, I'm afraid. A domestic client does not need to appoint a principal designer, is absolved of the need to have paperwork etc, but still remains liable under the regulations.
Thursday 29 November 2018 3.50pm
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.
Friday 30 November 2018 12.29am
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.
Friday 30 November 2018 10.30am
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.
Friday 30 November 2018 1.54pm
Still wrong, I'm afraid.
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