2 Safety and Welfare Information Fire Alarm, Tests and EvacuationWelfare FacilitiesBreaks and RefreshmentsMobile phones (please switch off)
3 Aims of the CourseThis 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 repairsconstructioninstallation of equipmentcateringcleaningsecuritymeasurement/surveyingNot 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 taskLong Term continuing function such as catering or security.
6 Legislative Framework Consultation withEmployeesRIDDORManagement RegsControl of Substances Hazardousto Health Regulations 2002 (a2005)Noise at Work Regulations 2005Electricity at Work Regulations 1989Manual Handling OperationsRegulations 1992*Provision and Use of Work EquipmentRegulations 1998*Workplace (Health, Safety and Welfare)Display Screen Equipment Regulations 1992*Personal Protective Equipment at WorkHASWAHealth and Safetyat Work etc Act1974The Managementof Health andSafety at WorkRegulations 1999CDMThe Construction(Design andManagement)Regulations 2007Reporting of Injuries,Disease and DangerousOccurrences Regulations1995The Lifting Operations and LiftingEquipment Regulations 1998*Regulatory Reform (Fire Safety) Order 2005Confined Spaces Regulations 1997The Construction (Head Protection)Regulations 1989(Consultation withEmployees) Regulations1996The Control of Asbestosat Work Regulations 2006Work at Height Regulations 2005** H&S [Miscellaneous Amendments] 2002Control of Vibration at Work Regulations 2005
7 Relevant Legislation for Controlling Contractors Summarising the general legal requirements of this key legislationThe 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 ComponentsThe Construction (Design andManagement) Regulation 2007Key Players :- ClientCDM Co-ordinator (CDM-C)DesignerPrincipal ContractorContractor(each with specific duties)Key Documents :- HSE NotificationPre Construction InformationPre Construction Information Pack (PCIP)Construction Phase H&S PlanHealth and Safety FileKey Activities :- Risk AssessmentCo-ordination andCo-operationTransfer of InformationTransfer of ResponsibilityCDM provides a management systemto ensure that health and safety ismanaged throughout all stages of aconstruction project, including futuremaintenance and repairFirst Regulations in March 1995Amended in October 2000New ACoP and Guidance 2002New 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 ObjectivesCompetent persons are in key project positions with specific health and safety dutiesAdequate time and resources are provided for design, planning, preparation and constructionDesign is used to eliminate / reduce risks to health and safety of those constructing, using, maintaining and ultimately demolishing the structureThere is a documented means of controlling and transferring responsibility for, and information about, health and safety throughout the construction projectAdequate 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 startIdentify risks early on so that they can be eliminated or, if not, reduced at the design/planning stage and remaining risks can be properly managedTarget effort where it can do most good in terms of health and safetyDiscourage 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 StructureConstruction WorkPreparationof a structureSite ClearanceExplorationInvestigationExcavationFoundationsWork activitiesto a structureConstructionAlterationConversionRenovationRedecorationFitting OutCleaning withwater/abrasionat high pressureMaintenanceCommissioningRepairUpkeepDecommissioningDemolitionDismantlingRemoval of astructurepart structure or of any waste resulting fromdemolition/disassembly/dismantling ofprefabricated elements.Assembly/Disassemblyof prefabricated elements.telecommunications, computer, electrical,mechanical, gas, compressed air, hydraulicor similar services usually fixed within or to aInstallation, commissioning maintenance repair or removal ofStructureBuildingsTimber, masonry, metal or reinforced concrete structuresRailways and tramwaysDocks and harboursSea defence worksWaterways and aqueductsTunnels and shaftsBridges and viaductsWaterworks and reservoirsPipes, pipelines, sewers, sewage worksRoads, runways, airfieldsEarthworks, lagoons, dams, wallsTowers and pylonsUnderground and retaining structuresConstruction temporary worksFixed Plant
12 The Construction (Design and Management) Regulations 2007 Further clarification of “construction work”INCLUDEinstallation, commissioning, substantial maintenance, decommissioning or dismantling of fixed plant (e.g. silos, boilers, air-conditioning units, lifts) and its servicesOffshore construction within territorial waters.Exploratory / Investigation work in preparation for construction.Temporary structures used as part of construction.XGeneral 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 shipsThe putting up and taking down of marquees (and similar tents) designed to be re-erected at various locationsTree planting and general horticultural workArchaeological investigationsThe positioning and removal of lightweight partitions such as those used to divide open-plan offices or to create exhibition stands and displaysThe erection of scaffolds for support or access for work activities which are not in themselves construction workSurveying work; e.g. taking levels, making measurements and examining a structure for faults
13 The Construction (Design and Management) Regulations 2007 Format of the RegulationsPart 1 Interpretation and Application.Part 2 Duties which apply to all construction workPart 3 Additional duties for Notifiable ProjectsPart 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 & RevocationsSchedule 1 Particulars to be notified to the HSESchedule 2 Welfare FacilitiesSchedule 3 Particulars to be included in a Report of InspectionSchedule 4 RevocationsParts 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 – F1030 working days or 500 person daysCDM Co-ordinator duty to ensure notification ASAP after appointment and prior to commencement of constructionRequired information is identified in Schedule 1F10 must be signed by the Client (to confirm awareness of duties)Use F10 Form or similarAble to submit on-lineUpdate with significant changes
15 The Construction (Design and Management) Regulations 2007 When do the various CDM duties apply?All Construction WorkDuties on:-Part 2Duties on those:-Part 4ClientsDesignersContractorsAnd requirement for:-Pre-Construction InformationCarrying out or “controlling” construction activities on site(Previously Construction (Health, Safety & Welfare Regulations 1996)Notifiable Projects(30 days or 500 Person days)Part 3Additional duties on:-And duties on:-CDM Co-ordinatorPrincipal ContractorAnd Requirement for:-Formal Notification (F10)Pre-Construction Information PackConstruction Phase H&S PlanHealth & Safety File
16 The Construction (Design and Management) Regulations 2007 Summary of Duties – All Duty holdersAssess the competence of any CDM dutyholder they engage, prior to appointmentCheck their own competence before accepting appointmentNot arrange for any worker to carry out design or construction unless the worker is competent or under the supervision of a competent personSeek the co-operation and co-operate with any other person involved in construction at the same or adjoining sitesCo-ordinate work activities to ensure health & safety of anyone else carrying out or affected by constructionReport any health & safety risksComply 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 SummaryYou need to understand the law and your responsibilitiesYou 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 contractorsPlanning the WorkSelecting the right ContractorPre-Work CommencementDuring Contract WorkReviewing the Work on Completion
21 Recent local authority prosecutions Derby City Council 08/11/1999 Derby City UA CONSTRUCTION BLD Asbestos £50000East Renfrewshire Council 14/06/2007 East Renfrewshire UA CONSTRUCTION BLD falling tarLewisham London Borough Council 12/08/2008 Lewisham GEN PUB SERVICES AsbestosBarrow in Furness Borough Council 11/03/2001 Barrow-in-Furness LIVE THEATRE Legionella £125000City of Edinburgh Council 02/07/2007 Edinburgh UA GEN PUB SERVICES Asbestos £17600Lincoln City Council 06/06/2008 Lincoln GEN PUB SERVICES Asbestos £10000Source HSE prosecution data base
22 Potential issues for local authorities Selection of contractorsCollaborative working with other authoritiesUse of volunteers / and voluntary sectorLocally sourced contractorsThe historical contractors (overly close to authority)The local authorities monitoring role