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Managing Contractors SUBASH LUDHRA WELCOME. Safety and Welfare Information. Fire Alarm, Tests and Evacuation. Welfare Facilities. Breaks and Refreshments . Mobile phones (please switch off). Aims of the Course. This Course aims to provide you with:-

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safety and welfare information
Safety and Welfare Information

Fire Alarm, Tests and Evacuation

Welfare Facilities

Breaks and Refreshments

Mobile phones (please switch off)

aims of the course
Aims of the Course
  • This Course aims to provide you with:-
  • Guidance on the steps to be taken to ensure effective control of contractors.
  • An opportunity to discuss what you can do to ensure compliance with the legislation and good practice.
introduction
Introduction
  • Who is a Contractor ?
    • Anyone you instruct to enter your premises (or premises under the control of others) to do work, e.g.
        • maintenance and repairs
        • construction
        • installation of equipment
        • catering
        • cleaning
        • security
        • measurement/surveying
    • Not employees or temporary employees
introduction1
Introduction
  • There are a number of different types of Contractor
    • Short Term - One off for a particular task.
    • Short Term- Repetitive for a recurring task such as window cleaning.
    • Medium Term such as to carry out a small refurbishment or maintenance task
    • Long Term continuing function such as catering or security.
legislative framework

Work at Height Regulations 2005*

HASWA

Control of Vibration at Work Regulations 2005

Health and Safety

at Work etc Act

1974

Control of Substances Hazardous

to Health Regulations 2002 (a2005)

The Control of Asbestos

at Work Regulations 2006

Management Regs

The Management

of Health and

Safety at Work

Regulations 1999

Noise at Work Regulations 2005

Electricity at Work Regulations 1989

Regulatory Reform (Fire Safety) Order 2005

The Lifting Operations and Lifting

Equipment Regulations 1998*

RIDDOR

Reporting of Injuries,

Disease and Dangerous

Occurrences Regulations

1995

Manual Handling Operations

Regulations 1992*

Provision and Use of Work Equipment

Regulations 1998*

CDM

The Construction

(Design and

Management)

Regulations 2007

Workplace (Health, Safety and Welfare)

Regulations 1992*

Consultation with

Employees

Display Screen Equipment Regulations 1992*

Health and Safety

(Consultation with

Employees) Regulations

1996

Personal Protective Equipment at Work

Regulations 1992*

The Construction (Head Protection)

Regulations 1989

* H&S [Miscellaneous Amendments] 2002

Confined Spaces Regulations 1997

Legislative Framework
relevant legislation for controlling contractors
Relevant Legislation for Controlling Contractors
  • Summarising the general legal requirements of this key legislation
    • The Host organisation is responsible for the workplace and any of their activities (undertakings) that may impact on the Contractor.
    • The Contractor is responsible for the safety of the way they are carrying out their work and any impact the work may have on the host organisation. They are also responsible for the control of any parts of the premises that are handed over to them.
relevant legislation for controlling contractors1
Relevant Legislation for Controlling Contractors

What other legislation is relevant ?

Key Components

The Construction (Design and

Management) Regulation 2007

Key Players :- Client

CDM Co-ordinator (CDM-C)

Designer

Principal Contractor

Contractor

(each with specific duties)

Key Documents :- HSE Notification

Pre Construction Information

Pre Construction Information Pack (PCIP)

Construction Phase H&S Plan

Health and Safety File

Key Activities :- Risk Assessment

Co-ordination and

Co-operation

Transfer of Information

Transfer of Responsibility

CDM provides a management system

to ensure that health and safety is

managed throughout all stages of a

construction project, including future

maintenance and repair

First Regulations in March 1995

Amended in October 2000

New ACoP and Guidance 2002

New Regulations April 2007

the construction design and management regulations 2007
The Construction (Design and Management) Regulations 2007

The Construction (Design and Management) Regulations 2007 (“CDM2007”) are aimed at ensuring that both a risk based approach and the allocation of appropriate responsibilities are integrated into “construction” safety.

CDM Principal Objectives

  • Competent persons are in key project positions with specific health and safety duties
  • Adequate time and resources are provided for design, planning, preparation and construction
  • Design is used to eliminate / reduce risks to health and safety of those constructing, using, maintaining and ultimately demolishing the structure
  • There is a documented means of controlling and transferring responsibility for, and information about, health and safety throughout the construction project
  • Adequate health and safety information is available and updated for the safe maintenance of a structure during its life, up to and including demolition
the construction design and management regulations 20072

Construction Work

Site Clearance

Exploration

Investigation

Excavation

Foundations

Preparation

of a structure

Structure

Construction

Alteration

Conversion

Renovation

Redecoration

Fitting Out

Cleaning with

water/abrasion

at high pressure

Work activities

to a structure

Maintenance

Commissioning

Repair

Upkeep

Decommissioning

Demolition

Dismantling

  • Buildings
  • Timber, masonry, metal or reinforcedconcrete structures
  • Railways and tramways
  • Docks and harbours
  • Sea defence works
  • Waterways and aqueducts
  • Tunnels and shafts
  • Bridges and viaducts
  • Waterworks and reservoirs
  • Pipes, pipelines, sewers, sewage works
  • Roads, runways, airfields
  • Earthworks, lagoons, dams, walls
  • Towers and pylons
  • Underground and retaining structures
  • Construction temporary works
  • Fixed Plant

Removal of a

structure

part structure or of any waste resulting from

demolition/disassembly/dismantling of

prefabricated elements.

Assembly/Disassembly

of prefabricated elements.

telecommunications, computer, electrical,

mechanical, gas, compressed air, hydraulic

or similar services usually fixed within or to a

structure

Installation, commissioning maintenance repair or removal of

The Construction (Design and Management) Regulations 2007

CDM applies to Construction Work and the creation of a Structure

the construction design and management regulations 20077
The Construction (Design and Management) Regulations 2007
  • Summary of Duties – All Duty holders
  • Assess the competence of any CDM dutyholder they engage, prior to appointment
  • Check their own competence before accepting appointment
  • Not arrange for any worker to carry out design or construction unless the worker is competent or under the supervision of a competent person
  • Seek the co-operation and co-operate with any other person involved in construction at the same or adjoining sites
  • Co-ordinate work activities to ensure health & safety of anyone else carrying out or affected by construction
  • Report any health & safety risks
  • Comply with the requirements in Part 4 (Duties relating to health and safety on construction sites)
  • Comply with the requirements in Schedule 3 (Details required for Inspection Reports)
relevant legislation for controlling contractors2
Relevant Legislation for Controlling Contractors

In Summary

  • You need to understand the law and your responsibilities
  • You have a legal responsibility towards your Contractor. They have to work safely and owe a responsibility to you.
  • Communication and co-operation are needed on both sides - requiring active management.
  • Very specific responsibilities apply for construction work.
relevant legislation for controlling contractors3
Relevant Legislation for Controlling Contractors
  • Electrical retail giant Comet has been fined £75,000 after a contractor fell through a rooflight at its Wrexham store.Comet Group Plc contracted Steven Smith, who was director of Wrexham Roof Services Ltd, to clear guttering and replace leaking rooflights at its store in Mount Street. Smith had sub-contracted Paul Alker, 33, to help carry out the repairs.On 7 June 2007, Mr Alker was walking across the roof when he stepped on a rooflight and fell 25 feet on to the store floor. He sustained fractured ribs, a broken collarbone, and soft-tissue damage. He died in hospital five days later owing to his injuries.The HSE issued an Improvement Notice against Comet in August 2007, which required the company to improve its contractor management systems. HSE inspector Debbie John revealed that Mr Alker hadn’t been provided with any equipment to prevent falls, and no attempts had been made to cover the fragile rooflights.She said: “Comet failed to ensure that its contractor had taken steps to prevent falls through the rooflights, ultimately leading to the death of a worker.“The law is clear that companies must ensure contractors are competent to do the work they are hired to do, and they need to understand their responsibilities. A safe system of work must be agreed and the company should monitor contractors to make sure they undertake work safely, as agreed. My thoughts are with the family at this difficult time.”Comet appeared at Mold Crown Court on 5 July and pleaded guilty to breaching s3(1) of the HSWA 1974. It was ordered to pay full costs of £24,446.In November 2007, Steven Smith was jailed for two and a half years in relation to the incident. He pleaded guilty to manslaughter, s37(1) of the HSWA 1974, and a further charge of attempting to pervert the course of justice – for hiring safety equipment immediately after the accident and planting it at the scene.
principles and objectives
Principles and Objectives
  • What are the Objectives?
    • To ensure that every Contractor is competent to carry out the work you require.
    • To ensure that the Contractor is made aware of all the hazards under your control that may affect him.
    • To ensure that you are made aware of the hazards that are under the Contractor’s control that may affect you.
    • To ensure that both parties understand who is responsible for managing these hazards and how they are to be managed.
    • To ensure that the Contractor has appropriate procedures for managing the hazards and works to those procedures.
    • To ensure that there is an effective means of preventing works proceeding if the above objectives are not met.
principles and objectives1
Principles and Objectives

There is a five step approach to managing contractors

Planning the Work

Selecting the right Contractor

Pre-Work Commencement

During Contract Work

Reviewing the Work on Completion

recent local authority prosecutions
Recent local authority prosecutions

2015381 Derby City Council 08/11/1999 Derby City UA 45210 - CONSTRUCTION BLD Asbestos £50000

4083609 East Renfrewshire Council 14/06/2007 East Renfrewshire UA 45210 - CONSTRUCTION BLD falling tar

4036289 Lewisham London Borough Council 12/08/2008 Lewisham 75110 - GEN PUB SERVICES Asbestos

4018475 Barrow in Furness Borough Council 11/03/2001 Barrow-in-Furness 92311 - LIVE THEATRE Legionella £125000

4097761 City of Edinburgh Council 02/07/2007 Edinburgh UA 75110 - GEN PUB SERVICES Asbestos £17600

4187473 Lincoln City Council 06/06/2008 Lincoln 75110 - GEN PUB SERVICES Asbestos £10000

Source HSE prosecution data base

slide22

Potential issues for local authorities

Selection of contractors

Collaborative working with other authorities

Use of volunteers / and voluntary sector

Locally sourced contractors

The historical contractors (overly close to authority)

The local authorities monitoring role

slide23

Questions and discussion

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