Santia - Contractor compliance

© Santia Consulting Ltd 2015

Contractor Compliance

John KingeTechnical DirectorSantia Consulting

Thursday 30th April 2015


The legal landscape

• Health and Safety at Work Act 1974 – Section 2 and 3

• Management of Health and Safety at Work Regulations 1999

• CDM 2015 – Implemented April 2015 replacing CDM 2007


Duty of Care

• Requires employers to ensure, so far as reasonability practical, the health, safety and welfare of:• Employees • Other people at work on their site, including contractors • Members of the public who may be affected by their work

• Applies to all work activities


Who counts as a contractor?Is a contractor:

a) Any visitor to your site?

b) Anyone coming on site to do work at your request?

c) Anyone working on site, whether under your direction or not?


Ask yourself honestly:


Ask yourself honestly:• Do you always know who is on site?


Ask yourself honestly:• Do you assess contractors’ competence and

check for evidence?


Ask yourself honestly:• Do you ensure contractors’ procedures for

health and safety align with your own?


Ask yourself honestly:• How well do you plan for contractor activity

on site?


Ask yourself honestly:• Do you always inform contractors of hazards

and emergency procedures on site before they start work?


Ask yourself honestly:• Do you monitor their progress until the job

finishes?


Ask yourself honestly:• Do you review the project to learn from both

the bad and the good?


Ask yourself honestly:• Do you always know who is on site?• Do you assess contractors’ competence in health and safety and

check for evidence before they get every job?• Do you look into contractors’ procedures for health and safety to

make sure it fits with yours?• How well do you plan for contractor works and do you assess the

hazards at each stage?• Do you always inform contractors of hazards on site and of our

emergency procedures before they commence works?• Do you keep track of their progress until the job finishes?• After works are completed, do you discuss health and safety and

keep records?If you do not do these things, then so what?


The cost of getting it wrong

£210,483



£20,000

No effort taken to check contractors

precautions

John Kinge



£13,885

NO checks made and contractor found drastically lacking


• It is not just the financial costs of getting it wrong:

Emotional, reputational and brand damage are often felt for years after the fines have been paid.


£


What is ‘Organisational Capability’?


Organisational capability means the policies and systems an organisation has in place to enable them to set acceptable health and safety standards which comply with the law, but also to ensure that those organisations have the resources and people to ensure the standards are delivered.

What is ‘Organisational Capability’?


How can you determine a contractor’s organisational capability?



Ask questions, get evidence, make a judgement:




• Do they have a health and safety policy?




• Has the HSE ever taken action against their activities?




• What are their health and safety procedures?




• Do they plan to use sub-contractors? If yes, what checks/procedures do they have in place?




• Do they plan to use sub-contractors? If yes, what checks/procedures do they have in place?

You need to ensure your strategy and approach covers all tiers of contractor, not just the ones you contract directly with but the

ones who actually attend site.




• Can they provide safety method statements for the job?




• What safety checks do they make on equipment and materials?




• Are they a member of a trade/professional body?




• What health and safety training do they undertake?




• Can they show you their training programme and records?




• Have they been assessed by an independent body?




• Can references be provided for similar jobs?




• What insurances do they have in place and are they valid?




• Do they have a health and safety policy?• Has the HSE ever taken action against their activities?• What are their health and safety procedures?• Do they plan to use sub-contractors? If yes, what checks/procedures

do they have in place?• Will they provide safety method statements for the job?• What safety checks do they make on equipment and materials?• Are they a member of a trade/professional body?• What health and safety training do they undertake?• Can they show you their training programme and records?• Have they got current certificates of competence and participation in

health and safety training? • What insurances do they have in place and are they valid?

This is not an exhaustive list and would vary based on company and activity

they undertake.


As a reminder: Key steps for managing contractors safely

Identify who you want to use

Obtain detailed SSW /

MS, staffcompetencies

Determine level of

organisational capability

Produce full breakdown of specific job /

project

Monitor, supervise on site activities

Review performance post activity


Utilising third party accreditation service to determine ‘Organisational Capability’

• Removes the cost and administration burden

• Moves focus to onsite management

• Peace of mind – reliable systems in place

• Improves safety standards of your contractors

• Majority governed by the independent body – ‘Safety Schemes in Procurement’


Safecontractor leading prequalification partner

• Operating for over 15 years

• Over 220 major clients and more than 23,000 contractor members

• Team of over 100, including 30 directly employed safety professionals


Summary• Contractor management is essential to every business,

although often time consuming and costly

• Organisations must ensure the contractors they engage are compliant in health and safety

• Utilising a third party accreditation service will ease the burden, reduce the cost and deliver the results

• Time must be spent focusing on on-site management

• No one plans to have an accident, but un planned events occur every day


Summary

Do not forget it is not all about health and safety.

Risk is creeping into businesses from a failure to manage environmental, quality, ethical and financial risks as well.


Thanks for listening.


Any questions?

Thanks for listening.


The UK’s leading heath and safety assessment scheme

Delivering you peace of mind for as little as £3k per annum.

[email protected]

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