Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006
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Transcript of Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006
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Management of Contractors
A lawyer’s perspective
David Lewis
Weightmans
October 2006
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Coming Up
A little law Some fighting talk A few ideas and suggestions
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The secret lies in selection
Health and Safety at Work etc Act 1974 Construction (Design and Management) Regulations 1994
Competence
Common Law Competent co-workers
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HSE’s advice
Selecting Competent Contractors for Work at Height
‘Height Aware’ Campaign
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Bad reasons for bad choices
“They were the cheapest by far”
“They were the only people we could find at short notice”
“I didn’t really know who to ask so I just looked in the Yellow Pages”
“Well, we’d used them once before for something else and they seemed ok”
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Who does what?
Who has the power to appoint? What are their credentials (and motives)? What (documented) systems exist to control this?
Pre-Appointment Questionnaires Like CVs Like references
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And then the hard work begins
HSG 65 – Successful Health and Safety Management Control Co-operation Communication Competence
What does it all mean in practice?
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Communication
What is the job? Induction
Site specific? Tested?
Information Accurate and adequate? Comprehensible?
Site Rules Ensuring compliance
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The Work Itself
Risk Assessments and Method Statements Are you competent to approve them? Do you know the limit of your own ability? Competence and experience…
Control, monitoring and supervision Day to day Audits
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So, they are underway and working nicely…
But guess what…
…they aren’t doing what you expected
(and it may not be entirely their fault!)
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Why Not ?
ROSPA presentation
“Delivering competent advice : A lawyer’s perspective”
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shock
denial
awareness
acceptance
testing
search for meaning
integration
TIME
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The human element
Safety Behaviours Rule violation Intolerance
Nagging rights Cultural issues
Leadership is where it all begins
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So…
Pick the right people…and pick the right pickers Keep it simple Be prescriptive…where necessary
Don’t set yourselves up to fail Don’t become tied up in your own red tape
Say what you really mean; really mean what you say Method Statements; Policies; Rules; Systems Check that it is happening
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David Lewis, [email protected]
0151 242 7923
Glyn Thompson, Solicitor
0151 242 6901
Weightmans Solicitors
Birmingham Leicester Liverpool London Manchester