Control of Contractors
The lack of control of contractors working on clients' premises
can and does lead to many accidents and injuries to both the
contractors and the clients' employees. This has
resulted in civil claims for compensation and statutory
proceedings against clients who did not fully appreciate the
extent of the duty of the client to his contractor. The
following information relates to those statutory
provisions of particular relevance to the control of
contracted out services.
Legal Duties
The legal situation is spelt out in the Health and Safety at
Work etc Act 1974: Section 3 requires employers (and the self
employed) to ensure that:
-
their activities do not endanger persons
not in their employ, and
-
iinformation is given concerning potential health and safety
hazards.
Section 4 places duties on occupiers and/or owners of premises
to ensure that:
-
the premises, plant and substances contained in them are safe
and without
risks to health, and
-
reasonable measures are taken to provide safe access.
In short, you must ensure that your contractor is not at risk
from your business and your contractor must ensure that you
and your employees are not at risk from his activities.
Other more detailed legal requirements are contained in The
Construction (Health, Safety and Welfare) Regulations 1996 and
also The Construction (Design and Management)
Regulations 1994.
Selection of Contractors
In its widest sense the term ''Contractor'' does not merely
refer to building contractors.
It includes any individual or company who comes onto site to fulfil a
contractual obligation between the site and a third party company. Likely
''Contractors'' could include:
-
Telephone engineers
-
Computer technicians
-
Window cleaners
-
Contract cleaners/caterers
-
Electrical/mechanical maintenance engineers
-
NURS personnel.
When selecting contractors, health and safety aspects must be taken into account
as well as the competence of the contractor to complete the work. Many
organisations have a policy of only using contractors from an 'approved list'
of firms whose capability, quality and health and safety performance are
already known. The selection procedure should also include a check that the
contractor has adequate employers' liability and public liability insurance
cover.
Planning
Many accidents involving contractors have happened because of a failure to plan
the job properly. i.e. taking account of health and safety aspects which are
likely to arise. A risk assessment needs to be made and communicated to all
involved. For high risk operations, such as demolition or working at
heights, the contractor should be asked to prepare and then work to a written
method statement. (Note: ALL demolition work must comply with the
Construction [Design and Management] Regulations 1994.)
Clear Responsibilities
The work to be done, the areas in which the contractors can operate, together
with what can and cannot be done, should be clearly defined. This is normally
done in the form of 'Site Rules for Contractors', usually printed as a booklet.
This should be kept as simple and 'user friendly' as possible and it is
essential that the contractors on site actually doing the work are aware of the
contents. Getting signed receipts on issue of these booklets is strongly
recommended.
Even if they are fully competent specialists, contractors will
still need some training or induction if they are to
appreciate the hazards they may come across on the
client's site, and also the safe systems of work and permit to
work systems which apply. Individual records of
training/induction given should be kept.
Monitoring of Contractors
The client is responsible for monitoring the health and safety
performance of the contractor as the work progresses.
The level of monitoring will be dictated by the
nature and location of the work but performance can be monitored by:
-
the continual vigilance of everyone on site, so as to ensure all hazards are
promptly reported and rectified
-
routine inspection as the work progresses
-
periodic audits of the contract management process.
Contractor Appraisal
When the contractor has finished the work, an important
decision has to be taken: In the light of our experiences,
would we offer the particular contractor the job again?
A simple appraisal form could be used to record the client's
findings and it should be made clear to all contractors that
each contract will be subject to appraisal. Failure
to meet safety requirements WILL affect the chances of future
work, and satisfactory health and safety performance is a pre-
requisite for remaining on the ''approved list''.
Key Action Steps
The responsibility for contractors on site is with line
management. The following checklist may prove useful in
ensuring that all contractors on site are effectively
managed:
Communication
-
Ensure that a list of approved contractors
has been compiled for site and is regularly updated.
-
Appoint a company nominee for each project to liaise with contractors.
-
Establish communication between the company and the contractor's staff at
pre-contract stage.
-
Before coming onto site make contractors aware of the company health and safety
policy, contractor induction/information, permit to work systems/safe working
procedures, access control procedures, fire drills/emergency procedures,
accident reporting procedures, welfare/first aid facilities.
-
Examination of contractor arrangements with regard to health and safety,
insurance and employee training should always be included.
Method Statements
-
Establish in writing prior to start of contract.
Contractor Management on Site
-
Contractors' employees and vehicles should always be logged in and out.
-
Include contractor's operations in all safety audits/inspections, paying
special attention to access and egress.
-
Inform company staff where contractors are working in their particular area,
identifying any overlaps which may adversely affect health and safety.
-
Contractor employees should be trained to recognise site dangers. Misuse
of company equipment or facilities should never be allowed. Similarly,
hazardous substances should be used safely.
-
Contractors should either provide or be provided with safe plant and equipment
and all necessary PPE.
References
The Health and Safety at Work etc. Act 1974, The Management of Health and Safety
at Work Regulations 1999, The Construction Design and Management Regulations
1994, The Construction (Health, Safety and Welfare) Regulations 1996, HSE 1997,
Managing Contractors, A Guide for Employers. The Work at Height Regulations
2005 All available from The Stationery Office Limited.