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:- 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 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

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 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

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 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 (“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 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.”

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

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

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.

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

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

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 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 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 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 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 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

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

Questions and discussion www.anntara.co.uk info@anntara.co.uk