Control of Contractors (Final phase) Contractor Selection

1. Control of Contractors(Final phase)Contractor Selection

2. University Health and Safety Advisor • Don Cross – CMIOSH, CSP, IEng. • Contact Details – e-mail • don.cross@canterbury.ac.uk • healthandsafety@canterbury.ac.uk • Tel. ex. 2447 • Mobile - 07809586022

3. Contractors – The Risk • It is recognised that contractors represent a significant potential threat to the health and safety of University staff, students and other visitors. • In the event of a significant accident, incident or near miss involving contractors, it is essential the University can demonstrate it has exercised ‘due diligence’ in the selection and subsequent control of contractors.

4. Responsibilities • Heads of Departments are responsible for the selection of competent contractors within their departments. • Heads of department may delegate the duty of Contractor Selection to a Department ‘Contract Selector’ but this delegation does not absolve them of their responsibilities.

5. Core Criteria for Contractors • Prior to engaging a contractor, the Head of Department or the department ‘Contract Selector’ must ensure the contractor meets the following minimum health and safety ‘core criteria’. • It is understood that all elements of the core criteria are not applicable in all cases. • The ability of the Contract Selector to demonstrate the core criteria have been achieved will serve as an element of defence in the event of any subsequent enquiry.

6. 1. Health and Safety Policy and Organisation • Contractors are expected to have an implemented health and safety policy. • The policy should be relevant to the nature and scale of work to be undertaken. • The contractor should clearly demonstrate the health and safety responsibilities throughout his/her organisation.

7. 2. Health and Safety Arrangements • The Arrangements should set out the management for health and safety within the contractor’s organisation. • They should clearly explain how the policy will be implemented. • They should be relevant to the scale and nature of the work to be undertaken. • The contractor should able to demonstrate how the arrangements are communicated to staff.

8. 3. Competent Health and Safety Advice • Contractors should be able to demonstrate how their organisation sources health and safety advice and should be able to provide such detail (including competency).

9. 4. Training and Information • Contractors should have in place arrangements for training their staff (including refresher training).

10. 5.Individual Qualifications and Experience • Contractors’ staff are expected to have the appropriate qualifications and experience for the tasks to be undertaken unless they are under controlled and competent supervision. • Contractors should be able to provide details of professional, health and safety supervisory qualifications of all staff (as appropriate).

11. 6. Monitoring, Audit and Review • Contractors should have systems in place for monitoring their own procedures, for auditing at periodic intervals and for reviewing on an ongoing basis. • Contractors should be able to provide evidence of such systems if required.

12. 7. Workforce Involvement • Contractors should have a means of consulting with their staff on matters of health and safety.

13. 8. Accident Reporting & Enforcement Action • Contractors should have records of reportable accidents (RIDDOR 1999) for at least the last three years. • They should also have a system in place for reviewing Accidents, Incidents and Near Misses and recording remedial actions. • Contractors should have records of any Enforcement notices over the last five years.

14. 9. Sub Contracting/Consulting Procedures (if applicable) • Contractors should be able to demonstrate their arrangements for the appointing of sub-contractors. • They should also have arrangements in place to ensure sub-contractors have arrangements for the appointment of sub-contractors. • If appropriate/necessary Contract Selectors should ensure these arrangements are in place.

15. 10 Hazard Elimination and Risk Control (Designers Only) • Contractors should have arrangements in place for meeting the requirements of regulation 11 of CDM Regulations 2007. Regulation 11 deals with the competency and resources of designers when addressing health and safety issues in the design phase.

16. 11. Risk Assessment (Contractors Only). • Contractors should demonstrate they have procedures in place for completing ‘suitable and sufficient’ risk assessments and for developing and implementing safe systems of work. • Contract Administrators should possess the professional ability to recognise the suitability of risk assessment for a given task.

17. 12. Co-operation and Co-ordination with Other Contractors. • Contractors should be able to demonstrate how co-operation and co-ordination with other contractors will be achieved (Regulation 11, MHSW Regulations 1999). • Contractors should also demonstrate how they involve their staff in drawing up method statements/safe systems of work.

18. 13. Welfare Provision • Contractors should be able to demonstrate how they will ensure that appropriate welfare facilities will be in place prior to their staff commence work on site.

19. 14. Work Experience • Contractors should be experienced in the field of work for which they have applied. • When considered necessary ‘Contract Selectors’ should obtain evidence of recent projects/contracts of a similar nature to the work applied for. • If significant shortfalls are identified the contractor should be given the opportunity to explain how these shortfalls will be overcome.

20. Does This Criteria Exclude Small Organisations? • No. • It is understood that organisations employing less than five persons are not required to have written Health and Safety arrangements, however, such organisations must still comply with all current legislation. • Contract Selectors should request the information from the organisation in the most appropriate and convenient format available to them.

21. Who Should Apply This Criteria? • The criteria applies to all departments throughout the University. • If you engage contractors you must apply the criteria.

22. Accuracy of Information • Contract Selectors should advise contractors the provision of false or inaccurate information could result in significant delays in the awarding of contracts.

23. Proportionality • Contract Selectors should exercise their professional judgement when obtaining information from Contractors. • The information should be appropriate and proportionate to risk involved with the task.

24. Finally • ‘If your judgement is reasonable, and clearly based on the evidence you have asked for and been provided with, you will not be criticised if the contractor you engage subsequently proves not to be competent when carrying out the work’ (CDM Regulations 2007, Appendix 4) • It is important to gather the appropriate information and retain it for auditing/defence purposes (Don Cross, University Health and Safety Advisor – Jan 2011)

25. CONTROL OF CONTRACTORS DUTIES AND RESPONSIBILITIES OF CONTRACT ADMINISTRATORS

26. CONTROL OF CONTRACTORSDuties and Responsibilities • Responsibility for ‘Engaging’ contractors rests with the Head of Department and includes (amongst others): • The professional competence of contractors. • Contractors hold adequate insurance cover. • Contractors can demonstrate health and safety competence. • Contractors can demonstrate arrangements for engaging sub contractors. • They have suitable arrangements in place for the reporting of accidents and incidents.

27. CONTROL OF CONTRACTORS Contract Administrators • Contract Administrators will: • Complete and record a ‘Contractors Authorisation Form’ and distribute copies to all those likely to be affected by the activity, including: • The Contractor. • Site Contact. • Building Wardens (if applicable). • Security (if not already nominated as Site Contact).

28. CONTROL OF CONTRACTORSContractor Authorisation Form • Where to find it: In the Facilities drive in the Control of Contractors folder. If you do not have access yet, please request it by contacting health.safety@canterbury.ac.uk • Each authorisation is to be logged on the “Register of Work issued” spreadsheet. Fill the first available empty row and take a note of the Form Number in the first column. • Fill the ‘Contractor Authorisation Form’ using the template and advice sheet. • Save a copy in the ‘Completed Authorisation’ folder and rename it using the Form Number and your name. • The completed form needs to be emailed to all parties – contractor, site contact, security or reception, building warden and others as appropriate. A copy is to be retained in your department.

29. CONTROL OF CONTRACTORSContract Administrators • Contract Administrators will act as ‘Point of Contact’ for contractors at all times the contractors are on University Premises. • It is important that clear lines of communication are established between the Contractor and the Contract Administrator.

30. CONTROL OF CONTRACTORSHigh Risk Work • When ‘High Risk Work’ is involved it is essential the Contract Administrator ensures a ‘Suitable and Sufficient’ risk assessment is provided. • High Risk Work includes (amongst others): • Work at Height. • Work in confined spaces. • Work that may disturb Asbestos. • Work with Lifts. • Hot Work (Work with Naked Flames). • Work with live, high, electrical voltages.

31. CONTROL OF CONTRACTORS High Risk Work • High risk work is, to a large extent, subjective and the decision to have a risk assessment is left to the professional judgement of the Contract Administrator. • Contract Administrators will also use their professional judgement to determine the ‘Suitability and Sufficiency’ of the risk assessment.

32. CONTROL OF CONTRACTORS High Risk Work • Control measures of a complex nature, identified via the risk assessment procedure, are to be accompanied by a ‘safe system of work’ in the form of a detailed Method Statement. • If in doubt about the need for a ‘Method Statement’ the Contract Administrator should contact the University Health and Safety Advisor.

33. CONTROL OF CONTRACTORS Monitoring Contractor Activities • Contract Administrators are responsible for monitoring the progress and activities of contractors whilst the contractors are on University premises. • Monitoring is of particular importance when ‘High Risk’ activities are involved. • Contract Administrators are also responsible for ‘Signing Off’ the work on successful completion of the contracted work.

34. CONTROL OF CONTRACTORSAudit Trail • It is the responsibility of the Contract Administrator to raise the necessary documentation on commencement of the project, i.e. the ‘Contractors Authorisation Form’ and sign off the form on successful completion of the project/task. • Site Contacts are NOT to sign off the form on completion of the project without the full agreement of the Contract Administrator.

35. QUESTIONS