Organizing for health and safety
3.10 Contractors
3.10.1 Introduction
The use of contractors is increasing as many companies turn to outside resources to supplement their own staff and expertise. A contractor is anyone who is brought in to work who is not an employee. Contractors are used for maintenance, repairs, installation, construction, demo- lition, computer work, cleaning, security, health and safety and many other tasks. Sometimes there are sev- eral contractors on site at any one time. Clients need to think about how their work may affect each other and how they interact with the normal site occupier.
3.10.2 Legal considerations
The HSW Act applies to all work activities. It requires employers to ensure, so far as is reasonably practicable, the health and safety of:
➤ their employees
➤ other people at work on their site, including contractors
➤ members of the public who may be affected by their work.
Figure 3.5 Inadequate chair – take care when buying second-hand.
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Organizing for health and safety
39 All parties to a contract have specifi c responsibilities
under health and safety law, and these cannot be passed on to someone else:
➤ employers are responsible for protecting people from harm caused by work activities. This includes the responsibility not to harm contractors and sub- contractors on site
➤ employees and contractors have to take care not to endanger themselves, their colleagues or others affected by their work
➤ contractors also have to comply with the HSW Act and other health and safety legislations. Clearly, when contractors are engaged, the activities of dif- ferent employers do interact. So cooperation and communication are needed to make sure all parties can meet their obligations
➤ employees have to cooperate with their employer on health and safety matters, and not do anything that puts them or others at risk
➤ employees must be trained and clearly instructed in their duties
➤ self-employed people must not put themselves in danger, or others who may be affected by what they do
➤ suppliers of chemicals, machinery and equipment have to make sure their products or imports are safe, and provide information on this.
The Management of Health and Safety at Work Regula- tions apply to everyone at work and encourage employ- ers to take a more systematic approach to dealing with health and safety by:
➤ assessing the risks which affect employees and anyone who might be affected by the site occupier’s work, including contractors
➤ setting up emergency procedures
➤ providing training
➤ cooperating with others on health and safety mat- ters, for example, contractors who share the site with an occupier
➤ providing temporary workers such as contractors, with health and safety information.
The principles of cooperation, coordination and com- munication between organizations underpin the Management of Health and Safety at Work Regulations and the CDM Regulations, explained next. See later section 3.11 on joint occupation of premises. For more information on the Management of Health and Safety at Work Regulations, read the summary in Chapter 17.
3.10.3 Construction Design and Management (CDM2007) Regulations
Businesses often engage contractors for construction projects at one time or another to build plant, convert or extend premises and demolish buildings. The CDM2007 regulations apply to all construction projects. Larger projects which are notifi able, (see details in Chapters 16 and 17) have more extensive requirements.
All projects require:
➤ non-domestic clients to check the competence of all their appointees; ensure there are suitable management arrangements for the project; allow suffi cient time and resources for all stages; provide pre- construction information to designers and contractors
➤ designers to eliminate hazards and reduce risks dur- ing design; and provide information about remaining risks
➤ contractors to plan, manage and monitor their own work and that of workers; check the competence of all their appointees and workers; train their own employees; provide information to their workers;
comply with the requirements for health and safety on site detailed in Part 4 of the Regulations and other regulations such as the Work at Height Regulations;
and ensure there are adequate welfare facilities for their workers
➤ everyone to assure their own competence;
co-operate with others and co-ordinate work so as to ensure the health and safety of construction workers and others who may be affected by the work; report obvious risks; take account of the general prin- ciples of prevention in planning or carrying out con- struction work; and comply with the requirements in Schedule 3, Part 4 of CDM2007 and other regula- tions for any work under their control.
Figure 3.6 Contractors at work.
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For even small projects clients should ensure that con- tractors provide:
(a) information regarding the contractor’s Health &
Safety policy
(b) the contractor’s health and safety organization detailing the responsibilities of individuals (c) information on the contractor’s procedures and
standards of safe working
(d) the method statements for the project in hand (e) details on how the contractor will audit and imple-
ment their health and safety procedures.
Smaller contractors may need some guidance to help them produce suitable method statements. While they do not need to be lengthy they should set out those features essential to safe working, e.g. access arrange- ments, personal protective equipment, control of chem- ical risks, etc.
Copies of relevant risk assessments for the work to be undertaken should be requested. These need not be very detailed but should indicate the risk and the control methods to be used.
The Client, Designer, CDM Coordinator, Principal Contractor and other Contractors all have specifi c roles under CDM 2007 Regulations. For more information see Chapter 16 on Construction and Chapter 17 on the Summary of Legislation.
3.10.4 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 on 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 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 likely also 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 deciding which contractor should be chosen for a task, the following should be considered:
➤ Do they have an adequate health and safety policy?
➤ Can they demonstrate that the person responsible for the work is competent?
➤ Can they demonstrate that competent safety advice will be available?
➤ Do they monitor the level of accidents at their work site?
➤ Do they have a system to assess the hazards of a job and implement appropriate control measures?
➤ Will they produce a method statement, which sets out how they will deal with all signifi cant risks?
➤ Do they have guidance on health and safety arrangements and procedures to be followed?
➤ Do they have effective monitoring arrangements?
➤ Do they use trained and skilled staff who are quali- fi ed where appropriate? (Judgement will be required, as many construction workers have had little or no training except training on the job.) Can the com- pany demonstrate that the employees or other workers used for the job have had the appropriate training and are properly experienced and, where appropriate, qualifi ed?
➤ Can they produce good references indicating satis- factory performance?
3.10.5 Contractor authorization
Contractors, their employees, sub-contractors and their employees, should not be allowed to commence work on any client’s site without authorization signed by the Company contact. The authorization should clearly defi ne the range of work that the contractor can carry out and set down any special requirements, for example, protective clothing, fi re exits to be left clear, isolation arrangements, etc.
Permits will be required for operations such as hot work, etc. All contractors should keep a copy of their authorization at the place of work. A second copy of the authorization should be kept at the site and be available for inspection.
The Company contact signing the authoriza- tion will be responsible for all aspects of the work of the contractor. The contact will need to check as a minimum the following:
➤ that the correct contractor for the work has been selected
➤ that the contractor has made appropriate arrange- ments for supervision of staff
➤ that the contractor has received and signed for a copy of the contractor’s safety rules
➤ that the contractor is clear what is required, the limits of the work and any special precautions that need to be taken
➤ that the contractor’s personnel are properly qualifi ed for the work to be undertaken.
The Company contact should check whether subcon- tractors will be used. They will also require authorization, if deemed acceptable. It will be the responsibility of the
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Organizing for health and safety
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properly supervised.
Appropriate supervision will depend on a number of factors, including the risk associated with the job, experience of the contractor and the amount of supervi- sion the contractor will provide. The responsibility for ensuring there is proper supervision lies with the person signing the contractor’s authorization.
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.
3.10.6 Safety rules for contractors
In the conditions of contract there should be a stipula- tion that the contractor and all of their employees adhere to the contractor’s safety rules. Contractor’s safety rules should contain as a minimum the following points:
➤ health & safety: that the contractor operates to at least the minimum legal standard and conforms to accepted industry good practice
➤ supervision: that the contractor provides a good standard of supervision of their own employees
➤ sub-contractors: that they may not use subcon- tractors without prior written agreement from the Company
➤ authorization: that each employee must carry an authorization card issued by the Company at all times while on site.
3.10.7 Example of rules for contractors
Contractors engaged by the organization to carry out work on its premises will:
➤ familiarize themselves with so much of the organiza- tion’s safety policy as affects them and will ensure that appropriate parts of the policy are communi- cated to their employees, and any sub-contractors and employees of sub-contractors who will do work on the premises
➤ cooperate with the organization in its fulfi lment of its health and safety duties to contractors and take the necessary steps to ensure the like cooperation of their employees
➤ comply with their legal and moral health, safety and food hygiene duties
➤ ensure the carrying out of their work on the organiza- tion’s premises in such a manner as not to put either themselves or any other persons on or about the premises at risk
➤ where they wish to avail themselves of the organi- zation’s fi rst aid arrangements/facilities while on
the premises, ensure that written agreement to this effect is obtained prior to fi rst commencement of work on the premises
➤ where applicable and requested by the organization, supply a copy of its statement of policy, organization 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 Health and Safety at Work Act 1974
➤ abide by all relevant provisions of the organization’s safety policy, including compliance with health and safety rules and CDM 2007
➤ 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 organiza- tion contact.
Without prejudice to the requirements stated above, contractors, sub-contractors and employees of contract- ors and sub-contractors will, to the extent that such matters are within their control, ensure:
➤ the safe handling, storage and disposal of materials brought onto the premises
➤ that the organization is informed of any hazard- ous 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
➤ that fi re prevention and fi re precaution measures are taken in the use of equipment which could cause fi res
➤ that steps are taken to minimize noise and vibration produced by their equipment and activities
➤ 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
➤ that any welding or burning equipment brought onto the premises is in safe operating condition and used in accordance with all safety requirements
➤ that any lifting equipment brought onto the premises is adequate for the task and has been properly tested/certifi ed
➤ that any plant and equipment brought onto the premises is in safe condition and used/operated by competent persons
➤ that for vehicles brought onto the premises, any speed, condition or parking restrictions are observed
➤ that compliance is made with the relevant require- ments of the Electricity at Work Regulations 1989
➤ that connection(s) to the organization’s electricity supply is from a point specifi ed by its management and is by proper connectors and cables
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➤ that they are familiar with emergency procedures existing on the premises
➤ that welfare facilities provided by the organization are treated with care and respect
➤ that access to restricted parts of the premises is observed and the requirements of food safety legis- lation are complied with
➤ that any major or lost-time accident or danger- ous occurrence on the organization’s premises is reported as soon as possible to their site contact
➤ that where any doubt exists regarding health and safety requirements, advice is sought from the site contact.
The foregoing requirements do not exempt contract- ors 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.