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Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006

Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006. Coming Up. A little law Some fighting talk A few ideas and suggestions. The secret lies in selection. Health and Safety at Work etc Act 1974 Construction (Design and Management) Regulations 1994

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Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006

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  1. Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006

  2. Coming Up • A little law • Some fighting talk • A few ideas and suggestions

  3. 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

  4. HSE’s advice Selecting Competent Contractors for Work at Height ‘Height Aware’ Campaign

  5. 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”

  6. 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

  7. 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?

  8. Communication • What is the job? • Induction • Site specific? • Tested? • Information • Accurate and adequate? • Comprehensible? • Site Rules • Ensuring compliance

  9. 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

  10. 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!)

  11. Why Not ? • ROSPA presentation “Delivering competent advice : A lawyer’s perspective”

  12. integration search for meaning denial awareness testing shock acceptance TIME

  13. The human element • Safety Behaviours • Rule violation • Intolerance • Nagging rights • Cultural issues • Leadership is where it all begins

  14. 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

  15. David Lewis, Partner david.lewis@weightmans.com 0151 242 7923 Glyn Thompson, Solicitor Glyn.thompson@weightmans.com 0151 242 6901 Weightmans Solicitors Birmingham Leicester Liverpool London Manchester

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