1. Managing Contractors SUBASH LUDHRA WELCOME

2. Safety and Welfare Information
Fire Alarm, Tests and Evacuation
Welfare Facilities
Breaks and Refreshments
Mobile phones (please switch off)

3. 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.

4. 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

5. 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.

6. Legislative Framework
Consultation with
Employees
RIDDOR
Management Regs
Control of Substances Hazardous
to Health Regulations 2002 (a2005)
Noise at Work Regulations 2005
Electricity at Work Regulations 1989
Manual Handling Operations
Regulations 1992*
Provision and Use of Work Equipment
Regulations 1998*
Workplace (Health, Safety and Welfare)
Display Screen Equipment Regulations 1992*
Personal Protective Equipment at Work
HASWA
Health and Safety
at Work etc Act
1974
The Management
of Health and
Safety at Work
Regulations 1999
CDM
The Construction
(Design and
Management)
Regulations 2007
Reporting of Injuries,
Disease and Dangerous
Occurrences Regulations
1995
The Lifting Operations and Lifting
Equipment Regulations 1998*
Regulatory Reform (Fire Safety) Order 2005
Confined Spaces Regulations 1997
The Construction (Head Protection)
Regulations 1989
(Consultation with
Employees) Regulations
1996
The Control of Asbestos
at Work Regulations 2006
Work at Height Regulations 2005*
* H&S [Miscellaneous Amendments] 2002
Control of Vibration at Work Regulations 2005

7. 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.

8. 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

9. 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

10. The Construction (Design and Management) Regulations 2007
A key aim of CDM2007 is to encourage everyone in the Project to co-ordinate, cooperate and work together to:-
Improve the planning and management of projects from the very start
Identify risks early on so that they can be eliminated or, if not, reduced at the design/planning stage and remaining risks can be properly managed
Target effort where it can do most good in terms of health and safety
Discourage bureaucracy
“The effort devoted to planning and managing health and safety should be in proportion to the risks and complexity associated with the Project. When deciding what you need to do to comply, your focus should always be on action necessary to reduce and manage risks. Any paperwork produced should help with communication and risk management. Paperwork which adds little to the management of risks is a waste of effort, can be a dangerous distraction from the real business of risk reduction and management.”

11. The Construction (Design and Management) Regulations 2007
CDM applies to Construction Work and the creation of a Structure
Construction Work
Preparation
of a structure
Site Clearance
Exploration
Investigation
Excavation
Foundations
Work activities
to a structure
Construction
Alteration
Conversion
Renovation
Redecoration
Fitting Out
Cleaning with
water/abrasion
at high pressure
Maintenance
Commissioning
Repair
Upkeep
Decommissioning
Demolition
Dismantling
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
Installation, commissioning maintenance repair or removal of
Structure
Buildings
Timber, masonry, metal or reinforced concrete 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

12. The Construction (Design and Management) Regulations 2007
Further clarification of “construction work” I N C L U D E
installation, commissioning, substantial maintenance, decommissioning or dismantling of fixed plant (e.g. silos, boilers, air-conditioning units, lifts) and its services
Offshore construction within territorial waters.
Exploratory / Investigation work in preparation for construction.
Temporary structures used as part of construction. X
General maintenance of fixed plant (i.e. does not involve significant dismantling)
On-shore fabrication of elements which will form parts of off-shore installations.
The factory manufacture of items (e.g. roof trusses, pre-cast concrete panels).
Work to or on ships
The putting up and taking down of marquees (and similar tents) designed to be re-erected at various locations
Tree planting and general horticultural work
Archaeological investigations
The positioning and removal of lightweight partitions such as those used to divide open-plan offices or to create exhibition stands and displays
The erection of scaffolds for support or access for work activities which are not in themselves construction work
Surveying work; e.g. taking levels, making measurements and examining a structure for faults

13. The Construction (Design and Management) Regulations 2007
Format of the Regulations
Part 1 Interpretation and Application.
Part 2 Duties which apply to all construction work
Part 3 Additional duties for Notifiable Projects
Part 4 Duties in relation to health and safety on construction sites [Previously the Construction (Health, Safety & Welfare) Regulations 1996]
Part 5 Civil Liability, Transitional Provisions, Amendments & Revocations
Schedule 1 Particulars to be notified to the HSE
Schedule 2 Welfare Facilities
Schedule 3 Particulars to be included in a Report of Inspection
Schedule 4 Revocations
Parts 1, 2, 4 and 5, and Schedules 2-4 of the Regulations apply to all construction work and the creation of a structure.
If a project is notifiable to the HSE then Part 3 and Schedule 1 come into force.

14. The Construction (Design and Management) Regulations 2007
Notification of Project – F10
30 working days or 500 person days
CDM Co-ordinator duty to ensure notification ASAP after appointment and prior to commencement of construction
Required information is identified in Schedule 1
F10 must be signed by the Client (to confirm awareness of duties)
Use F10 Form or similar
Able to submit on-line
Update with significant changes

15. The Construction (Design and Management) Regulations 2007
When do the various CDM duties apply?
All Construction Work
Duties on:-
Part 2
Duties on those:-
Part 4
Clients
Designers
Contractors
And requirement for:-
Pre-Construction Information
Carrying out or “controlling” construction activities on site
(Previously Construction (Health, Safety & Welfare Regulations 1996)
Notifiable Projects
(30 days or 500 Person days)
Part 3
Additional duties on:-
And duties on:-
CDM Co-ordinator
Principal Contractor
And Requirement for:-
Formal Notification (F10)
Pre-Construction Information Pack
Construction Phase H&S Plan
Health & Safety File

16. 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)

17. 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.

18. 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 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.

19. 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.

20. 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

21. Recent local authority prosecutions
Derby City Council 08/11/1999 Derby City UA CONSTRUCTION BLD Asbestos £50000
East Renfrewshire Council 14/06/2007 East Renfrewshire UA CONSTRUCTION BLD falling tar
Lewisham London Borough Council 12/08/2008 Lewisham GEN PUB SERVICES Asbestos
Barrow in Furness Borough Council 11/03/2001 Barrow-in-Furness LIVE THEATRE Legionella £125000
City of Edinburgh Council 02/07/2007 Edinburgh UA GEN PUB SERVICES Asbestos £17600
Lincoln City Council 06/06/2008 Lincoln GEN PUB SERVICES Asbestos £10000
Source HSE prosecution data base

22. 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

23. Questions and discussion