Managing Contractors SUBASH LUDHRA WELCOME. Fire Alarm, Tests and Evacuation Welfare Facilities...

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Managing Contractors SUBASH LUDHRA WELCOME

Transcript of Managing Contractors SUBASH LUDHRA WELCOME. Fire Alarm, Tests and Evacuation Welfare Facilities...

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Managing Contractors

SUBASH LUDHRA

WELCOME

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Fire Alarm, Tests and Evacuation

Welfare Facilities

Breaks and Refreshments

Safety and Welfare Information

Mobile phones (please switch off)

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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.

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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

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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.

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Legislative Framework

Consultation with Employees

RIDDOR

Management Regs

Control of Substances Hazardousto Health Regulations 2002 (a2005)

Noise at Work Regulations 2005

Electricity at Work Regulations 1989

Manual Handling Operations Regulations 1992*

Provision and Use of Work EquipmentRegulations 1998*

Workplace (Health, Safety and Welfare)Regulations 1992*

Display Screen Equipment Regulations 1992*

Personal Protective Equipment at WorkRegulations 1992*

HASWA

Health and Safetyat Work etc Act

1974

The Managementof Health and

Safety at WorkRegulations 1999

CDM

The Construction(Design and

Management)Regulations 2007

Reporting of Injuries,Disease and DangerousOccurrences Regulations

1995

The Lifting Operations and LiftingEquipment Regulations 1998*

Regulatory Reform (Fire Safety) Order 2005

Confined Spaces Regulations 1997

The Construction (Head Protection)Regulations 1989

Health and Safety(Consultation with

Employees) Regulations1996

The Control of Asbestosat Work Regulations 2006

Work at Height Regulations 2005*

* H&S [Miscellaneous Amendments] 2002

Control of Vibration at Work Regulations 2005

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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.

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Relevant Legislation for Controlling Contractors

Key ComponentsKey Components

Key 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 File

Key Activities :- Risk AssessmentCo-ordination andCo-operationTransfer of InformationTransfer of Responsibility

The Construction (Design and Management) Regulation 2007

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

What other legislation is relevant ?

First Regulations in March 1995

Amended in October 2000

New ACoP and Guidance 2002

New Regulations April 2007

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The Construction (Design and Management) Regulations 2007

• 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

CDM Principal Objectives

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.

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.

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A key aim of CDM2007 is to encourage everyone in the Project toco-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

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The Construction (Design and Management) Regulations 2007

CDM applies to Construction Work and the creation of a Structure

Construction WorkPreparationof a structure

Site ClearanceExplorationInvestigation

ExcavationFoundations

Work activitiesto a structure

ConstructionAlterationConversionRenovationRedecorationFitting OutCleaning with water/abrasionat high pressure

MaintenanceCommissioningRepairUpkeepDecommissioningDemolitionDismantling

Removal of astructure

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, hydraulicor similar services usually fixed within or to astructure

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

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The Construction (Design and Management) Regulations 2007

Further clarification of “construction work”INCLUDED

• 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.

EXCLUDED

• 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

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Format of the RegulationsPart 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 HSESchedule 2 Welfare FacilitiesSchedule 3 Particulars to be included in a Report of InspectionSchedule 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

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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

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The Construction (Design and Management) Regulations 2007

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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:-

Clients

Designers

Contractors

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

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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)

The Construction (Design and Management) Regulations 2007

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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.

• 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.

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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.

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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.

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There is a five step approach to managing contractors

Reviewing the Work on Completion

Planning the Work

Selecting the right Contractor

Pre-Work Commencement

During Contract Work

Principles and Objectives

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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

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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

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Questions and discussion

[email protected]