Contractors, their employees, and sub-contractors and their employees, should not be allowed to commence work on any client’s site without authorisation signed by the company contact. The authorisation should clearly define the range of work that the contractor can carry out and set down any special requirements, for example protective clothing, fire exits to be left clear, and isolation arrangements.
Permits will be required for operations such as hot work. All contractors should keep a copy of their authorisation at the place of work. A second copy of the authorisation should be kept at the site and be available for inspection.
The company contact signing the authorisation will be responsible for all aspects of the work of the contractor.
The contact will need to check as a minimum the following:
X
u that the correct contractor for the work has been selected;
X
u that the contractor has made appropriate arrangements for supervision of staff;
X
u that the contractor has received and signed for a copy of the contractor’s safety rules;
X
u that the contractor is clear what is required, the limits of the work and any special precautions that need to be taken;
1.7.5 Example of rules for contractors
Contractors engaged by the organisation to carry out work on its premises will:
1
X
u that any lifting equipment brought onto the premises is adequate for the task and has been properly tested/certified;
X
u that any plant and equipment brought onto the premises is in safe condition and used/operated by competent persons;
X
u that for vehicles brought onto the premises, any speed, condition or parking restrictions are observed;
X
u that compliance is made with the relevant
requirements of the Electricity at Work Regulations;
X
u that connection(s) to the organisation’s electricity supply is from a point specified by its management and is by proper connectors and cables;
X
u that they are familiar with emergency procedures existing on the premises;
X
u that welfare facilities provided by the organisation are treated with care and respect;
X
u that access to restricted parts of the premises is observed and the requirements of food safety legislation are complied with;
X
u that any major or lost-time accident or dangerous occurrence on the organisation’s premises is reported as soon as possible to their site contact;
X
u that where any doubt exists regarding health and safety requirements, advice is sought from the site contact.
The foregoing requirements do not exempt contractors from their statutory duties in relation to health and safety, but are intended to assist them in attaining a high standard of compliance with those duties.
1.8 Further information
The Health and Safety at Work etc. Act 1974 The Enterprise and Regulatory Reform Act 2013 (Section 69)
The Health and Safety at Work etc. Act 1974 (Civil Liabilities) (Exceptions) Regulations 2013
The Interpretation Act 1978
The Management of Health and Safety at Work Regulations 1999 (as amended)
The Construction (Design and Management) Regulations 2015
Corporate Manslaughter and Corporate Homicide Act 2007
Health and Safety (Fees) Regulations 2012 (Regulations 23–25)
Guidance on the application of Fees for Intervention (FFI), HSE47, HSE Books http://www.hse.gov.uk/pubns/
hse47.pdf
Managing for health and safety, HSG65 third edition 2013, HSE Books, ISBN 978-0-7176-6456-6 http://www.
hse.gov.uk/pubns/priced/hsg65.pdf
HSE, ‘Managing for health and safety’ http://www.hse.
gov.uk/managing/
X
u familiarise themselves with so much of the organisation’s health and safety policy as affects them and will ensure that appropriate parts of the policy are communicated to their employees, and any contractors and employees of sub-contractors who will do work on the premises;
X
u cooperate with the organisation in its fulfilment of its health and safety duties to contractors and take the necessary steps to ensure the like cooperation of their employees;
X
u comply with their legal and moral health, safety and food hygiene duties;
X
u ensure the carrying out of their work on the organisation’s premises in such a manner as not to put either themselves or any other persons on or about the premises at risk;
X
u ensure that where they wish to avail themselves of the organisation’s first-aid arrangements/facilities while on the premises, written agreement to this effect is obtained prior to first commencement of work on the premises;
X
u supply a copy of their statement of policy, organisation and arrangements for health and safety written for the purposes of compliance with The Management of Health and Safety at Work Regulations and Section 2(3) of the HSW Act where applicable and requested by the organisation;
X
u abide by all relevant provisions of the organisation’s safety policy, including compliance with health and safety rules and CDM 2015;
X
u ensure that on arrival at the premises, they and any other persons who are to do work under the contract report to reception or their designated organisation contact.
Without prejudice to the requirements stated above, contractors, sub-contractors and employees of contractors and sub-contractors will, to the extent that such matters are within their control, ensure:
X
u the safe handling, storage and disposal of materials brought onto the premises;
X
u that the organisation is informed of any hazardous substances brought onto the premises and that the relevant parts of the Control of Substances Hazardous to Health Regulations in relation thereto are complied with;
X
u that fire prevention and fire precaution measures are taken in the use of equipment which could cause fires;
X
u that steps are taken to minimise noise and
vibration produced by their equipment and activities;
X
u that scaffolds, ladders and other such means of access, where required, are erected and used in accordance with Work at Height Regulations and good working practice;
X
u that any welding or burning equipment brought onto the premises is in safe operating condition and used in accordance with all safety requirements;
1.9 Practice revision questions
1. In relation to occupational health and safety, explain, using an example in EACH case, the meaning of the following terms:
(a) hazard (b) risk (c) welfare
(d) work-related ill-health (e) near miss.
2. (a) Explain the reasons that organisations are required to have employer liability insurance.
(b) Outline SIX possible direct AND SIX possible indirect costs to an organisation following a serious accident in the workplace. Identify those costs that are insurable and those that are not.
3. (a) Outline the key differences between civil law and criminal law.
(b) Identify the main differences between common law and statute law and explain by giving ONE example how these two sources of law are applied in occupational health and safety cases.
4. In relation to health and safety, outline the role of the following:
(a) employment tribunals;
(b) Civil Courts;
(c) Criminal Courts.
5. (a) Identify the courts in which summary and indictable health and safety offences are heard.
(b) Giving an example in each case, outline the common law duties of care that employers have towards their employees for their health, safety and welfare.
6. (a) Explain the meaning of the term ‘negligence’
in health and safety matters.
(b) Outline the three absolute defences and two partial defences available to an employer in a case of alleged negligence brought by an employee.
(d) Explain the significance of vicarious liability for an employer following an injury to an employee resulting from the negligence of another employee.
HSE, The Health and Safety Toolbox: how to control risks at work http://www.hse.gov.uk/toolbox/
Leading health and safety at work (INDG 417), HSE Books, ISBN 978 0 7176 6267 8 www.hse.gov.uk/pubs/
indg417.htm
Managing Health and Safety in Construction (Guidance) (L153), HSE Books, ISBN 978 0 7176 6223 4 http://
www.hse.gov.uk/pubns/books/l153.htm
Managing Health and Safety in Construction, ACoP, (L144), HSE Books, ISBN 978-0-7176-6223-4 (to be replaced by L153 during 2015)
Health and Safety in Construction (Guidance) (HSG150rev), HSE Books, ISBN 978 0 7176 6182 4 http://www.hse.gov.uk/pubns/books/hsg150.htm The Construction (Design and Management) Regulations 2015, Industry guidance for Clients, produced by CONIAC, ISBN 978-1-85751-389-9 http://
www.citb.co.uk/documents/cdm%20regs/industry-guidance-clients.pdf
The Construction (Design and Management)
Regulations 2015, Industry guidance for Contractors, produced by CONIAC, ISBN 978-1-85751-391-2 http://
www.citb.co.uk/documents/cdm%20regs/industry-guidance-contractors.pdf
The Construction (Design and Management) Regulations 2015, Industry guidance for Designers,
produced by CONIAC, ISBN 978-1-85751-392-9 http://
www.citb.co.uk/documents/cdm%20regs/industry-guidance-designers.pdf
The Construction (Design and Management) Regulations 2015, Industry guidance for Principal contractors, produced by CONIAC, ISBN 978-1-85751-393-6 http://www.citb.co.uk/documents/cdm%20regs/
industry-guidance-principal-contractors.pdf The Construction (Design and Management) Regulations 2015, Industry guidance for Principal Designers, produced by CONIAC, ISBN 978-1-85751-390-5 http://www.citb.co.uk/documents/cdm%20regs/
industry-guidance-principal-designer.pdf The Construction (Design and Management) Regulations 2015, Industry guidance for
Workers, produced by CONIAC, ISBN 978-1-85751-394-3 http://www.citb.co.uk/documents/cdm%20regs/
industry-guidance-workers.pdf
Occupational Health and Safety Assessment Series (OHSAS 18000): Occupational Health and Safety Management Systems OHSAS 18001:2007 ISBN 978-0-5805-9404-5 OHSAS18002:2008 ISBN 978-0-5806-2686-9
HSE Statistics http://www.hse.gov.uk/statistics/index.
htm
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7. (a) Explain, giving an example in each case, the differences between the levels of statutory duty – absolute, practicable and reasonably practicable.
(b) Outline the meaning of the terms statute-barred breaches of statutory duty and double-barrelled actions.
(c) Identify the general duties placed on employees by:
(i) the Health and Safety at Work etc. Act 1974
(ii) the Management of Health and Safety at Work Regulations 1999.
8. (a) Outline the general duties placed on employers by the Health and Safety at Work etc. Act 1974 in Sections 2, 3 and 6.
(b) Identify the possible defences that an employer may give following a prosecution under the Health and Safety at Work etc. Act 1974.
(c) Identify FOUR enforcement agencies that have the power to prosecute companies for non-compliance with health and safety legislation.
(d) Explain, using relevant examples, the
circumstances under which a health and safety inspector may serve an improvement notice or a prohibition notice on an employer. Briefly outline the appeal procedure in each case.
9. While visiting a company, a health and safety enforcement officer observes a contractor operating a dangerous part of a machine that is unguarded.
(a) Describe the powers available to the officer under the Health and Safety at Work etc. Act 1974.
(b) Identify the sections of the Health and Safety at Work etc. Act 1974 that may have been breached.
(c) Identify the actions available and the likely one that was taken by the officer.
10. Giving an example in each case, explain the meaning, legal status and roles of:
(a) health and safety regulations (b) HSE Approved Codes of Practice (c) HSE guidance.
11. Describe the possible penalties that a court could impose on a company that is convicted of an offence under the Corporate Manslaughter and Corporate Homicide Act 2007.
12. (a) Outline the measures that directors of corporations can take to promote good
health and safety standards within their organisations.
(b) Outline ways by which the health and safety of visitors to the workplace may be protected.
(c) Describe the issues that should be addressed when assessing risks to night workers.
(d) Describe the important factors that will help to achieve cooperation and coordination in a jointly occupied workplace.
13. Describe the possible health and safety issues that may arise in the management of a supply chain.
14. Outline FIVE duties of employers to their employees under the Management of Health and Safety at Work Regulations 1999.
15. Following an investigation of an accident to a contractor while on an employer’s premises, it was found that the employer had failed to provide relevant health and safety information to the contractor. The employer was also unable to demonstrate any source of competent health and safety advice.
(a) Outline the duties that the employer owes to the contractor under the Health and Safety at Work etc. Act 1974.
(b) Outline the duties that the employer owes under the Management of Health and Safety at Work Regulations 1999 that may not have been discharged.
(c) Outline the health and safety information that should have been provided to and from the contractor before work commenced.
16. Outline FOUR duties of each of the following persons under the Construction (Design and Management) Regulations:
(a) the client
(b) the principal designer (c) the principal contractor.
17. Several construction contractors are to be employed by a printing company to refurbish its building.
(a) Outline the health and safety duties of the self-employed.
(b) Outline the main issues to be considered during the selection of the contractors by the printing company.
(c) Outline the matters to be addressed by the company while supervising the contractors and the company employees.
APPENDIX 1.1 Checklist for supply chain health and safety management
This checklist is a reminder of the topics that might need to be discussed with people with whom individual contractors may be working.
It is not intended to be exhaustive and not all questions will apply at any one time, but it should help people to get started.
1. Responsibilities X
u What are the hazards of the job?
X
u Who is to assess particular risks?
X
u Who will coordinate action?
X
u Who will monitor progress?
2. The job X
u Where is it to be done?
X
u Who with?
X
u Who is in charge?
X
u How is the job to be done?
X
u What other work will be going on at the same time?
X
u How long will it take?
X
u What time of day or night?
X
u Do you need any permit to do the work?
3. The hazards and risk assessments Site and location
Consider the means of getting into and out of the site and the particular place of work – are they safe? – and:
X
u Will any risks arise from environmental conditions?
X
u Will you be remote from facilities and assistance?
X
u What about physical/structural conditions?
X
u What arrangements are there for security?
Substances X
u What suppliers’ information is available?
X
u Is there likely to be any microbiological risk?
X
u What are the storage arrangements?
X
u What are the physical conditions at the point of use? Check ventilation, temperature, electrical installations, etc.
X
u Will you encounter substances that are not supplied, but produced in the work, for example fumes from hot work during dismantling plant?
Check how much, how often, for how long, method of work, etc.
X
u What are the control measures? For example, consider preventing exposure, providing
engineering controls, using personal protection (in that order of choice).
X
u Is any monitoring required?
X
u Is health surveillance necessary, for example for work with sensitisers? (Refer to health and safety data sheet.)
Plant and equipment X
u What are the supplier/hirer/manufacturer’s instructions?
X
u Are any certificates of examination and test needed?
X
u What arrangements have been made for inspection and maintenance?
X
u What arrangements are there for shared use?
X
u Are the electrics safe to use? Check the condition of power sockets, plugs, leads and equipment.
(Don’t use damaged items until they have been repaired.)
X
u What assessments have been made of noise levels?
4. People X
u Is information, instruction and training given, as appropriate?
X
u What are the supervision arrangements?
X
u Are members of the public/inexperienced people involved?
X
u Have any disabilities/medical conditions been considered?
5. Emergencies X
u What arrangements are there for warning systems in case of fire and other emergencies?
X
u What arrangements have been made for fire/
emergency drills?
X
u What provision has been made for first-aid and fire-fighting equipment?
X
u Do you know where your nearest fire exits are?
X
u What are the accident reporting arrangements?
X
u Are the necessary arrangements in place for availability of rescue equipment and rescuers?
6. Welfare Who will provide:
X u shelter
X
u food and drinks X
u washing facilities X
u toilets (male and female) X
u clothes changing/drying facilities?
There may be other pressing requirements which make it essential to re-think health and safety as the work progresses.
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APPENDIX 1.2 Pre-construction information
This is taken from the industry guidance produced by members of CONIAC (Construction Industry Advisory Committee) – The Construction (Design and Management) Regulations 2015 Industry guidance for Principal Contractors. The ACoP for CDM 2015 was not available when this book was published but it is unlikely that the content of the Pre-construction information will change significantly.
When drawing up the pre-construction information, each of the following topics should be considered.
Information should be included where the topics are relevant to the work proposed. The pre-construction information provides information for those bidding for or planning work, and for the development of the construction phase plan. The level of detail in the information should be proportionate to the risks involved in the project.