NEC ECC: Can a Contractor instruct the removal of an Employer's Supervisor?

Can a Principal Contractor remove a NEC3 Supervisor for physically attacking a Contractors supervisor on site?

The CDM 2015 Regulations are a statutory requirement, which obliges the Principal Contractor to fulfil their role in a manner that secures the health and safety of any person affected by the project.

The Principal Contractor must ensure that a suitable site induction is provided, which would include for the Supervisor. This would cover an individual’s responsibility for health and safety and that person would almost certainly be required to sign an agreement accordingly, not least to state that they have received a copy of the site rules and attended an induction.

Applying the general principles of prevention, the Principal Contractor would have the authority to remove ANY person for such behaviour, where it clearly presents a risk to the health and safety of others on site. Not least because that person has signed an agreement as part of their induction to abide by the site rules, which they clearly haven’t.