MAGB HEALTH and SAFETY GROUP · Page 1 of 13 MAGB Health and Safety Group Report ... Write risk...

of 13 MAGB Health and Safety Group Report

MANAGEMENT OF CONTRACTORS August 2010

MAGB HEALTH and SAFETY GROUP

MANAGEMENT OF CONTRACTORS

SCOPE: This document is intended to give guidance on Management of Contractors but in every case you will need to make specific application of these notes to each site they apply to. 1. INTRODUCTION This information booklet has been prepared with reference to the Health and Safety Executive (HSE) guidance documents HSG159 ‘Managing Contractors’ and information gathered from members of the MAGB safety group. Environmental considerations are also included. The document aims to:

Give information and guidance which may be considered when looking to appoint a contractor and subsequent management thereof

Offer a library of template documents

Assist with application of good practice

Make contracting staff aware of safety and environmental rules and arrangements that must be followed before starting work of any nature

The (MAGB) strongly adheres to the principle that the consideration of health, safety and the environment is an integral part of the day-to-day responsibilities of everyone to maintain a safe place of work. Effective contractor management is of equal importance to management of regular employees and can present a number of challenges. 2. DEFINITION OF CONTRACTOR ‘’A contractor is anyone you get in to work for you who is not an employee. Using contractors - for maintenance, repairs, installation, construction, demolition and many other jobs - may be routine in your company. But many accidents involve contractors working on site. Sometimes you may have more than one contractor on site. You need to think about how their work may affect each other and how they interact with your activities. Clearly, in these circumstances there is more chance of something being overlooked.’’ HSG 159 The Company has a duty under health and safety legislation and Occupiers Liability to protect third parties and to ensure the safety of persons using the premises, plant and protection against exposure to harmful substances which may be present. You may also want to protect the product from contamination and to maintain hygiene and environment standards. This means appointing a competent contractor and providing the necessary information relating to the relevant hazards to which they may be exposed or harm that they could cause. All contractors should be informed of the basic hazards and procedures in existence at the location, and these will be given in writing where possible and practical, preferably as part of the contract. Contractors must be able to demonstrate that they have been trained to at least a minimum standard of competence in their work. Any training necessary to ensure compliance with site rules/requirements must be given before commencement of that work.



3 CONSTRUCTION DESIGN MANAGEMENT REGULATIONS (CDM) The CDM regulations apply to all building works, demolition, refurbishment and some activities such as window cleaning providing for the inclusion of health and safety considerations through all stages of a construction project, from design and planning to on-site work and subsequent repair. CDM is about designing out hazards where practicable and planning jobs so that the remaining hazards can be managed and controlled during the construction phase. CDM regulations require you as the client to:

Identify what the job entails and timescales for completion

Consider current and normal activities and how they may be affected by the work

Provide information to the contractor (e.g. locations of asbestos containing materials, other site hazards, emergency procedures etc)

Write risk assessments and/or method statements

Identify the level of competence needed

Work out how the job is to be done taking into consideration all the health and safety implications

Assess the level of management needed including monitoring of work methods

Be prepared to stop the work if it becomes necessary Work may become notifiable to the HSE if:-

Work duration is more than 500 man hours or 30 days and requires the appointment of: o Competent CDM coordinator o Competent Principal contractor

Case History: A client was prosecuted for failing to provide information to a

contractor working on ceiling tiles in the foyer of an unoccupied tower block.

Unknown to the contractor, the tiles contained asbestos and were removed in

an uncontrolled manner, placing the contractor and subsequent occupants at

risk. The client was found guilty and fined £35,000 plus costs.



4 SELECTING A SUITABLE CONTRACTOR It is vital that the contractor selected for the job is competent to do what is required. You may wish to consider using a questionnaire for this purpose (Appendix 1) Points to consider:

Previous work – do they come on recommendation

What technical and safety competence is needed

Quality/content of the method statements – are they generic or bespoke?

Can they produce training/competence certification

Do they intend to use sub-contractors? If so how will they be informed and managed

Ask questions/interview to assess attitude to safety

Approved list – this enables a bank of contractors who have passed the selection process to be held for future use.

5 INDUCTION The information and rules will vary between organisations but in general terms the following categories of information are usually considered:

Emergency procedures; fire evacuation, first aid arrangements

Sign in/out procedure

Site hazards likely to be encountered

Site PPE rules

Site hygiene and environmental standards

Smoking policy, location of permitted smoking areas

Speed limits and parking arrangements

Obtaining permits to work

Location of welfare facilities

Site rules for hazardous substances

Use of work shops and equipment such as access platforms, scaffolding and cranes Appendix 2 gives an example of a checklist which could be modified for use as a record of training. 6 SITE HAZARDS (some examples you may wish to consider) Carbon dioxide is a colourless gas which is produced during malt production. It is heavier than air and collects at low levels such as in tunnels, drains and pits. It is toxic, does not support life and presents a danger in confined spaces such as tanks or vessels or rooms that contain tanks or vessels. Entry into such spaces may require a confined space permit. Grain dust is generated during the handling of barley and malt. It presents a hazard if inhaled over long periods causing deterioration of lung function; it is also a known cause of occupational asthma. Suitable respiratory protective equipment (RPE) must be worn if a risk assessment indicates it is necessary.



Grain dust also presents a risk of fire or if finely dispersed in the air, explosion. Therefore all hot work must be carried out under a valid hot work permit. Various chemicals are used on the site. Those used for cleaning purposes will cause severe burns to the eyes and skin after a short contact time. In addition to various containers, chemical maybe present in process vessels and pipework around the site and control measures for handling them safely are detailed in the site COSHH assessment and on the label. Do not assume that clear liquid discharging from a hose or leaking from a vessel/pipework is water. Treat it as hazardous and report it to your site contact. Always observe restricted areas indicated with exclusion tape and/or notices and signage. Asbestos containing materials Give details of where these materials are present and in what quantities, type and risk factors. Include also measures to be taken should any become disturbed or damaged during the course of the work. You should have an asbestos register which is regularly updated. Traffic movements Information relating to on site management controls such as pedestrian walkway use, high visibility clothing, speed limits and locations of fork trucks, HGV’s and others as relevant to the site. 7 SAFE SYSTEMS OF WORK 7.1 Scaffolding Erection of scaffolds, portable towers and placement of ladders must comply with current construction legislation and follow the published Codes of Practice. Only contracting specialists who have evidence relating to the training and certification of their staff are permitted to carry out construction of scaffolding. Statutory 7-day inspections must be carried out by a competent person and records made available to your contact. All defects or unauthorised removal of any part of the scaffold must be reported to your contact. 7.2 Cranes and Lifting Equipment When mobile cranes, etc are on site, contractors are required to have insurance to cover any damage to Company property, which could be caused by such machines. Any work must take into consideration proximity hazards such as overhead cables, structures, other cranes, vehicles, ships, public access areas including highways, railways and rivers. If a crane is to be used within 6km of an aerodrome/airfield and its height exceeds 10m or that of surrounding structures or trees, the aerodrome/airfield manager must be consulted by the appointed person as described in BS 7121 part 1. Cranes can only be used on site by an authorised competent person as described in BS 7121 part 1 and upon production of a valid test certificate. All other lifting equipment must comply with the Lifting Operations and Lifting Equipment Regulations 1998, and valid certification is required for all such equipment. Any movement across the site of large mobile plant (e.g. mobile cranes) employed by contractors, must be notified to your contact before such movement takes place. The contractor will be expected to



provide the necessary supervision of such movement to ensure that it is carried out safely and without injury to persons, damage to buildings, overhead electric cables or pipe work etc. 7.3 Personal Protective Equipment (PPE) Personal protective equipment (PPE) brought onto site must be in good condition, suitable to protect from the risk posed and CE marked. High visibility vests/jackets are to be worn external of any buildings and also within certain buildings. High visibility clothing must be in good condition e.g. clean, reflective and worn in an unopened manner. 7.4 Control of substances hazardous to health (COSHH) Contractors are required to provide a list of chemicals/substances prior to bringing to site to be approved by the host together with documentary evidence of the COSHH assessments made on any substance/products including details of control measures. Material safety data information must be readily available if requested. Exhaust gases are covered by COSHH regulations. Substances not completely used, whether classed hazardous or not, must be removed by the contractor on completion of the work. Substances must not be disposed of via any drainage point without prior authorisation from your contact. Where practicable, exhausts from diesel/petrol driven plant (and any similar fumes generated) must be piped to a well- ventilated area outside of any buildings. 7.5 Noise and vibration Vibrating equipment and the effects of vibration must be risk assessed. Equipment brought onto site must comply with the Control of Vibration Regulations. Work undertaken using vibrating equipment must not expose the user to more than 5M/S2 in a 24 hour period. Noise must be controlled at point of use where reasonably practicable, e.g. sound proofing around mobile air compressors. The use of hearing protection is acceptable for ad-hoc tasks where sound proofing is not reasonably practicable. 7.6 Electrical work The contractor must be competent to carry out work on or near any electrical circuit and all work must comply with the Electricity at Work Regulations 1989. All temporary supplies must be to the satisfaction of the Site Safety Officer, or his/her nominated agent, and must in all cases conform to BS 7671:2001, Requirements for Electrical Installations (formally IEE Wiring Regulations 16th Edition) Electrical equipment must not be connected to any circuit without permission from the contact who will, on request, arrange such connection and testing as necessary. All electrical installations must be carried out in accordance with site electrical standards. All electrical tools and equipment must be in good condition when brought onto site and operate at 110 volts or less or be battery operated. Voltages over 110v must be agreed by the contact. Current valid records of testing must be available for all portable tools on request. (Regulation 4 Electricity at Work Regs.) No 240-volt equipment may be used without permission of the site Contact. Where 240-voltequipment is allowed, it may only be used if a residual current device (RCD) is used.



All electrical equipment must be suitably insulated with cables in good condition with no breaks in the insulation. 7.7 Environmental protection Contractors must be made aware of any restrictions on disposal of waste water and waste chemicals on site. They must also be told what to do in the event of a spillage or other environmental incident. 8 MONITORING THROUGHOUT THE JOB Monitoring is an essential step in controlling jobs with contractors because it means you are making sure that method statements and safe systems of work are being adhered to and that the job is progressing according to plan. It also allows for alterations to be made whilst still maintaining adequate safety standards. Contractors are responsible for supervising their own work and for ensuring that they work safely and although you are not expected to watch them all the time, the level of supervision should be determined by the hazards and risks presented and whether anything could change and how quickly. You should also consider how the work affects your regular staff and vice versa. This needs to be decided and agreed at the beginning of the job. For high risk jobs for example, where a permit to work is used, more contact is needed than for jobs which you consider low risk. 8.1 When and how to monitor:

Start of the day – ensure there are no changes of personnel or work programme

Periodically throughout the day – ensure method statements are being followed

End of the day - to review and sign off permits to work, ensure area is left tidy and secure

More frequently at the start of a job until you are satisfied they are meeting your requirements

Look for evidence of competence

Encourage reporting of incidents

Keep notes in your diary or as part of the safety file

Counter- sign the permit if you have made checks to work methods 9 REVIEWING THE JOB (See Appendix 3 for an example checklist) Why review? You may learn things which can be applied to future similar jobs and decide whether you were satisfied with the performance of the contractor/s. It also demonstrates that you are taking a proactive approach to contractor management and have commitment to continuous improvement.

Case History: Failure to supervise a contractor and ensure competency caused serious injuries to an

apprentice electrician cost a client £50,000 plus costs.

The same incident cost the contractor £30,000 plus costs AND

The experienced electrician who was meant to be supervising an apprentice was fined £1000 plus costs



10 REFERENCES

Managing Contractors a guide for employers; Health & Safety Executive HSG 159 Use of contractors a joint responsibility, Health & Safety Executive INDG 368



APPENDIX 1 (FOUR pages): Health, Safety and Environment Questionnaire (Example) Name of Company: _________________________________________________________________ Health and Safety Policy Statement: Please attach a copy of your latest policy, organisation and arrangements under the Health and Safety at Work Act 1974. (Tick box if attached). How often is your Safety Policy reviewed? ________________________________________________ How is this drawn to the attention of your employees? ______________________________________ ___________________________________________________________________________________ What is the name, title and qualification of the individual in your company who is responsible for the co-ordination and reporting of health and safety matters? __________________________________________________________________________________ Number of years experience in health and safety issues? ____________________________________ What percentage of his/her time is devoted to health and safety issues? ________________________ How many other personnel are employed full time on H&S issues and what qualifications do they hold? __________________________________________________________________________________ Training: How will you demonstrate that your intended employees on contracts have received adequate safety training? __________________________________________________________________________________ __________________________________________________________________________________ Sub-Contractors: How do you assess the health and safety record and competence of sub contractors with whom you place contracts? __________________________________________________________________________________ __________________________________________________________________________________ Plant and Equipment Maintenance: How do you ensure that any plant and equipment used on site is examined, inspected and maintained in a safe condition? __________________________________________________________________________________ __________________________________________________________________________________ Health and Safety Performance: The measurement and monitoring of performance is an essential part of maintaining and improving health and safety standards. What systems have you established and operate to carry out this monitoring? __________________________________________________________________________________ __________________________________________________________________________________



External Arrangements: Is your company a member of any external safety organisation? Yes/No Name of Organisation: _______________________________________________________________ Do you have an external source/consultancy for advice on Health and Safety? Yes/No If yes, name of organisation: _________________________________________________________ Accident Investigation and Safety Record: Do you have a formal system of investigating and reporting accidents and dangerous occurrences? Yes / No If yes please provide details:__________________________________________________________ Please provide accident details for the last 12 months as below:

Year:

Employees Sub-contractors

a) No. of Workers

b) No. of Fatalities

c) No. of injuries resulting in absence from work

d) Average length of absence from work

e) No. of successful prosecutions for H&S offences

f) Total value of fines imposed

g) No. of improvement notices issued by appropriate enforcing authority

h) No. of prohibition notices issued by appropriate enforcing authority

i) No. of outstanding prosecutions

Related Experience: Please describe below your organisations skills and experience relevant to the contract. __________________________________________________________________________________ __________________________________________________________________________________



Insurances: The usual accepted level of cover for public liability is £5 million. A lower level of cover is only possible with the permission of a director or authorised deputy. 1. Do any of your processes involve the application of heat? Yes/No 2. If so, does your Public Liability policy cover damage caused by fire or explosion and third party claims arising out of that process? Yes/No Please provide details of current employers and public liability insurances (attach evidence of cover i.e. current certificate or up to date letter from your broker or insurance company.):

Public Liability Employers Liability

Name of Insurer:

Policy number:

Limit of Cover (£):

Expiry Date:

Next page covers Environmental systems



ENVIRONMENTAL QUESTIONS Do you have an environmental policy? Yes / No If No, what environmental protection measures do you have in place? (you should in this case attach detailed information to demonstrate your systems) If Yes, please attach a copy of your policy. How often is your environmental system reviewed and is it certified to a recognised standard e.g. ISO 14001:2004 ? Do you provide environmental training – please specify type and frequency? Please indicate if you are or have been subject to any Environment Agency (SEPA in Scotland) warnings, cautions or prosecutions? How do you ensure that sub contractors operate in an environmentally sound manner? Please provide (on a separate sheet) any other comments which you feel we should be aware of that are not covered in this questionnaire in relation to your management and performance of environmental and health and safety matters. Signed: ______________________ Designation: ___________________ Date :_______________

FOR OFFICE USE ONLY

Comments

APPROVED BY:- Date:- (Signature)



APPENDIX 2 (ONE Page): EXAMPLE OF CONTRACTORS INDUCTION CHECKLIST

SITE CONTACT: CONTRACTORS NAMES: COMPANY: COMMENCING DATE: REFRESHER DATE: (frequency determined by frequency on site)

ITEM DATE COMPLETED

SIGNATURE

INSTRUCTOR TRAINEE

1 Issue of contractors site induction rules

2 No smoking policy

3 Daily sign/out in procedure

4 Fire and emergency procedure, (assembly areas,

during/outside hours ) Test times etc DO NOT REMOVE FIRE EXTINGUISHERS FROM THEIR DESIGNATED POSITION

5 Accident procedure, minor and major

6 How to obtain a first aider

7 Site speed limit (10mph) and parking

8 Location of spill kits and procedure

8 Environmental/waste management

10 Permit to work system:

General permit to work

Hot work

Live electrical equipment

Confined space entry

Excavation

Work on roofs

Asbestos containing materials

11 Work equipment:

Portable equipment

Use of workshops

Scaffolding and ladders

Cranes and lifting equipment

PPE, including high visibility policy

Statutory examinations/inspection certificates

12 COSHH:

Safety data information to be provided

Grain dust hazards

Exposure to vermin (Weil’s disease)

Other significant COSHH hazards

13 WELFARE FACILITIES:

Situation of toilets/handwash facilities

Vending machine use

14 HYGIENE PROCEDURES: (Production /packaging areas only)

Health Questionnaire

Removal of watches/jewellery

Hand washing procedure

Clean protective clothing policy

Product contamination risk I have received training and instruction on the above items where relevant, understand the requirements, agree to abide by them and have been given a copy of this document.



APPENDIX 3: (ONE Page - Based on HSG 159)

CHECKLIST: For Review The checklist shows some review questions. This list is simply an indication of the types of review question you could ask and you MUST ensure that your final list is appropriate to your business and site activities. The Contractor Were there any H&S problems? Would you accept them back on site again? Did you need to take action? Did you have to pull them up on anything? How good are they at housekeeping? Would you give them a reference? Do you know enough about them to include them on a preferred list? The Job How was your planning – was the hazard identification and risk assessment suitable & sufficient? Has the work been done as agreed, for example, as in the contract or in accordance with a method statement? Has any necessary testing been done, checked and recorded? Were all permits signed off? Have any remaining actions been agreed and taken into account? Is there a record of achievements and shortfalls? Do plant records, including any drawings need modification? If the job is likely to be done again in future, is it recorded to assist planning next time?

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