health and safety roles and responsibilities of clients and
1.7 The principles of assessing and managing contractors
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Figure 1.14 Domestic client: CDM applies but not notifiable because a short duration project
Figure 1.15 Large-scale contract: CDM applies and it is notifiable
making the notification as soon as possible after their appointment to the particular project. The notice must be displayed where it can be read by people working on the site and must be updated as necessary. (See Chapter 15 for the details required.) Notification does not give rise to any additional duties.
(k) Domestic clients
Unless there is a written agreement between the domestic client and the principal designer, the duties of the client must be carried out by the contractor or principal contractor where there is more than one.
Where there is more than one contractor, the domestic client must appoint a principal designer and principal contractor in writing. Where no appointment is made, the first designer and
contractor appointed are deemed to be the principal one in each case.
1.7 The principles of assessing and
1.7.3 Management and authorisation of contractors
The management of contractors is essential since accidents tend to happen more easily when the work of contractors is not properly supervised or the hazards of their job have not been identified and suitable controls introduced. It is important that contractors are made aware of:
X
u the health and safety procedures and rules of the organisation;
deciding which contractor should be chosen for a task, the following should be considered:
X
u Do they have an adequate health and safety policy?
X
u Can they demonstrate that the person responsible for the work is competent?
X
u Can they demonstrate that competent safety advice will be available?
X
u Do they monitor the level of accidents at their work site?
X
u Do they have a system to assess the hazards of a job and implement appropriate control measures?
X
u Will they produce a method statement which sets out how they will deal with all significant risks?
X
u Do they have guidance on health and safety arrangements and procedures to be followed?
X
u Do they have effective monitoring arrangements?
X
u Do they use trained and skilled staff who are qualified where appropriate? (Judgement will be required, as many construction workers have had little or no training except training on the job.) Can the company demonstrate that the employees or other workers used for the job have had the appropriate training and are properly experienced and, where appropriate, qualified?
X
u Can they produce good references indicating satisfactory performance?
information technology projects, maintenance, repairs, installation, construction, demolition and many other jobs. Organisations have increasingly used contractors over recent years rather than employ more full-time employees. This may be to supplement their staff particularly for specialist tasks, or to undertake non-routine activities. There may also be other reasons for the increased use of contractors:
X
u Demand for products or services is uncertain.
X
u Contractors can be used when more flexibility is required.
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u Contractors usually supply their own tools and equipment associated with the contract.
X
u There are no permanent staff available to perform the work.
X
u The financial overheads and legal employment obligations are lower.
X
u Most of the costs associated with increasing and reducing employee numbers as product demand varies do not relate to contractors.
X
u Permanent staff can concentrate on the core business of the organisation.
The advantage of the flexibility of contractors in uncertain economic times is the main reason for the increased use of them over recent years. There are, however, some disadvantages in the use of independent contractors. These include:
X
u Contractors/sub-contractors may cost more than the equivalent daily rate for employing a worker.
X
u By relying on contractors, the skills of permanent staff are not developed.
X
u There is less control over contractors than permanently employed staff. This can be a significant problem if the contractor sub-contracts some of the work.
X
u The control of the contractor and the quality of the work is crucially dependent on the terms of the contract.
1.7.2 Contractor selection
The selection of the right contractor for a particular job is probably the most important element in ensuring that the risks to the health and safety of everybody involved in the activity and people in the vicinity are reduced as far as possible. Ideally, selection should be made from a list of approved contractors who have demonstrated that they are able to meet the client’s requirements.
The selection of a contractor has to be a balanced judgement with a number of factors being taken into account. Fortunately, a contractor who works well and meets the client’s requirements in terms of the quality and timeliness of the work is also likely to have a better than average health and safety performance. Cost, of course, will have to be part of the judgement but may not provide any indication of which contractor is likely to give the best performance in health and safety terms. In
Figure 1.16 Contractors at work using a lorry-mounted loading grab
the job, experience of the contractor and the
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amount of supervision the contractor will provide.
The responsibility for ensuring there is proper supervision lies with the person signing the contractor’s authorisation.
The company contact will be responsible for ensuring that there is adequate and clear communication between different contractors and company personnel where this is appropriate.
1.7.4 Safety rules for contractors
In the conditions of contract, there should be a
stipulation that the contractor and all of their employees adhere to the contractor’s safety rules. Contractors’
safety rules should contain as a minimum the following points:
X
u Health and safety – that the contractor operates to at least the minimum legal standard and conforms to accepted industry good practice;
X
u Supervision – that the contractor provides a good standard of supervision of their own employees;
X
u Sub-contractors – that they may not use sub-contractors without prior written agreement from the organisation;
X
u Authorisation – that each employee must carry an authorisation card issued by the organisation at all times while on site.
1.7.5 Example of rules for contractors
Contractors engaged by the organisation to carry out work on its premises will:
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 X
u the hazards on your site particularly those associated with the project;
X
u any special equipment or personal protective equipment that they need to use;
X
u the emergency procedures and the sound of the alarm; and
X
u the safe disposal of waste.
Good communication and supervision of contractors is essential with a named point of contact from the organisation known to the contractors. Regular liaison is important so that the progress of the contract to a satisfactory completion may be monitored.
It is important that the activities of the contractors within the organisation of the client are effectively planned and coordinated so there is minimal interference with the normal activities of the organisation and the health and safety of its staff is not put at risk. This means that staff should be made aware of the contractor activity and any particular hazards associated with it, such as dust and noise.
Contractors, their employees, 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;
X
u that the contractor’s personnel are properly qualified for the work to be undertaken.
The company contact should check whether sub-contractors will be used. They will also require authorisation, if deemed acceptable. It will be the responsibility of the company contact to ensure that sub-contractors are properly supervised.
Appropriate supervision will depend on a number of factors, including the risk associated with
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;
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.