H&S File information
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Hi, i was wondering if anyone could give me any advice. I have been acting as CDM Co-ordinator for a School project, the PC for the project have completed the work but have subsequently gone into administration without providing any information for the health & safety file. I have gone down the route of requesting the information direct from suppliers but since they have been left without payment from the PC they are (understandably) very reluctant to help. Can anyone advise me of the next course of action. As i would like to meet my legal obligations under the CDM regs. Any advice would be greatly appreciated.
Info should be gathered in as an ongoing action as against leaving
things to the last moment - as for as liquidation situation: Try your
best but this sort of thing is common and liquidation is used for many
purposes not just getting rid of H&S liabilities - speak to designers
the client etc
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The PC still legally exisits until the Administrator has wound it up and thus in theory you have a right to pursue the Administrator and I would certainly look seriously at this route. The administrator is the director of the company and is not exempt from any duty under H&S legislation. It is time a test case was taken out on this and one would hope that the HSE might see it as important enough to pursue.
This is not an unusual situation as there are many key documents and certifications/guarantees for the file that are produced in the last few months or weeks of a project. Some may be in the PCs cabins/offices and it ought to be the responsibility of the administrator to sort these out.
Bob
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H&S File information by
sid on
02 Nov 2009 10:51