Using Subcontractors as Labour Only

[PaulJD]

Hi

We are a contractor in the eyes of CDM. We are planning on using a Joinery Company who consist of 3 employees, 3 partners essentially. We would supply the Method Statement and Risk Assessments to build the structure. We do this becasue their are elements of Temporary Works which need to be installed at particular points in the build. Would you expect the Joinery Company to provide a detailed method statement/ Risk Assessment of what processes or tools they deem would be required? We as a company, would magage them and thier work and would supply access equipment (Mewps) lifting equipment (cranes and banksmen (if required))The joinery company have Public Liability Insurance which includes work at height etc.

Thanks in advance

P

[WillPool]

Quite a complex situation with no easy answer.

What is in the contract?

You say you provide RAMS and then go on to say would you expect them to provide it?

A lot here is contractual, who works for who and where is the liability should something go wrong.

If you are providing MEWPS etc are their people trained and hold the right competencies, tickets etc?

For me, you could employ them as a direct subbie and then ensure they understand your safe system of work and add in specifics to your RAMS for their works. However all of this needs to be very clear from a contract perspective, should something go wrong.

Also if you are a contractor in the eyes of CDM what are the Clients and Principle Contractors site rules say about subbies? Do they need approval? Are you OK to bring them in without their say-so?

Does the subbie have awareness of Temp Works? Nothing worse than you knowing what is required for them to not understand the temp work implications, design, load etc

I still have loads of questions before making any further comment, sorry I cannot assist more but there are maany legaal implications should you get this wrong.

Will

[PaulJD]

Thanks for your reply Will
Firstly, we provide RAMS for the build, what goes where and in what sequence. The RAMS explain what fixings to use and provide drawing with such information. The RAMS state what machines are to be used for instance, cranes for lifting and Mewps for access (for temporary works reason such as floor loadings etc). The RAMS state what qualifications are required, what supervision is required, CSCS, CPCS, IPAF ect.
I would expect the subcontractor to provide RAMS or at least on their processes such as how they build and with what tools they build with I.E bolts,hole,washer, nut. Or at least RA's on theor processes... W@H, Mewps, Power tolls, HAVS, LE etc. Would you ot agree?
Paul

[corny81]

Yes, even though you’re managing them and providing the main RAMS due to the Temporary Works and equipment, the Joinery Company should still submit their own method statement and risk assessment for their specific scope of work. That would include how they intend to carry out the joinery, what tools they’ll use, any risks related to their activities, and how they’ll control them.

It shows they’re assessing their own risks properly, and it supports your overall CDM duties by making sure all parties have considered safety from their end. Plus, it keeps the paper trail clean if anything is audited or reviewed later