Where the Group retains occupier's liability, the subsidiary company or its agent will plan, co-ordinate, control and monitor the activities of contractors so as to effectively minimise the risks presented to employees and other persons affected by contractors' works. Subsidiary companies will only use contractors who have proved able to discharge their primary responsibility to safeguard their employees and others who may be affected by their works. This will be administered in the form of an approved list of contractors which will describe the contractors' capabilities and limitations. Should it be necessary to invite tenders from contractors not on the approved list, then their competency in health and safety should be assessed by provision of information as listed on the company pre-qualification documents for contractors.
Provision of Information
The company recognises that contractors will only be able to tender allowing for the necessary health and safety resources if they are provided with suitable information prior to tender. Therefore, the company undertakes to provide information concerning existing hazards on site prior to tender.
Safety Rules and Procedures
Where the Construction Design and Management Regulations (CDM) are applicable, the contractor selected to carry out the work will produce a Construction Health and Safety Plan for approval prior to construction work beginning. The contractor shall be responsible for all health and safety aspects of construction work relating to the project.
The subsidiary company representative appointed to the project shall, prior to construction work starting, arrange that contractors' staff are briefed on the hazards and safety procedures relevant to the site.
In shared work places, the principal contractor on site shall be instructed to arrange the exchange of relevant information arising out of risks from sub-contractors works and ensure all those who may be affected are informed.
Reporting
All subsidiary company employees have a duty to report danger from whatever source to their manager or supervisor who will:-
STOP THE WORK IF SERIOUS AND IMMINENT DANGER IS FORESEEN, AND
Notify the person appointed to co-ordinate the work, or the department, by telephone followed by a written report.
Where contractors' employees are in danger, bring this to the attention of the contractors' supervisory staff and then inform the person appointed by the subsidiary company to co-ordinate the project.
Supervision
The Group recognises its duty to plan, co-ordinate and monitor contractors' work activities, but the primary responsibility to supervise the contractors' work and workforce lies with the contractor. Provision of adequate supervision by the contractor will be a key factor in all contracts.
Where contractors are employed on a provision of labour only basis, the duty of supervision falls on the subsidiary company/department awarding the contract. The contractor concerned will be expected to supply competent persons, the qualifications/certification of whom must be confirmed by the subsidiary company/department prior to employing them. Contractors employed under these terms are to be briefed by supervisors on the relevant in-house health and safety procedures before starting work.
Safe Systems of Work
Accountabilities must be clearly defined so that all parties know, accept and understand what they are responsible for in advance of work beginning by agreement of a method and systems such as permits to work.
All plant, equipment, personal protective equipment, etc. are to be provided by the contractor unless exceptional circumstances dictate otherwise, in which case any such items loaned by the company need written authority from the owner manager. The item must be in sound condition and the contractor must be competent in its use.
Elements of Contractor Site Rules
The Group/contractor pre-work agreements concerning site rules are to include the elements shown below:-
· Site safety policy and activity risk assessments.
· Procedures for high risk activities such as work in confined spaces, work at heights, electrical work, excavations, etc.
· Method statements.
· Communication arrangements with the subsidiary company appointed person.
· Site access arrangements, vehicle restrictions and material storage areas.
· Local emergency procedures and instructions.
· Accident and dangerous occurrence reporting arrangements.
· Risks from company plant, premises and personnel which may affect the contractor staff.
· The existing environment, e.g. services, existing structures, etc.
Project Record Keeping
To demonstrate its commitment to effective management of contractors the subsidiary company/department will, for all, projects maintain the following records:-
· Information provided by the contractor as evidence of his competency in health and safety.
· Contractor works specifications and method statements.
· Records of all safety communications with the contractor.
· Minutes of all meetings with the contractor or his representatives.
· Copies of agreements enabling the use of scaffolding, etc. supplied and erected under other contracts.
· Copies of any statutory inspection records, test certificates, etc. supplied by or to the contractor.
· Agreed product quality protection procedures for connection and test running of new apparatus and structures with existing.
· Copies of all risk assessments carried out by the contractor in compliance with the Management of Health and Safety and/or The Construction Design and Management Regulations.
· Copies of Permits to Work (for monitoring compliance and implementation).
· Copies of all site safety audits carried out by the contractor's appointed competent person.
· The Project Safety File to include as built, as installed and materials incorporated. Operation and maintenance manuals provided.
1.2 The Construction (Design and Management) Regulations
Application Of The Regulations
Major construction/building projects will usually necessitate the employment of outside competent companies or persons in all duty holder posts. There are various configurations of combined duties which can take place on projects, all of which should be agreed at the outset. Reference to conditions concerning combined duties should be made using the publications available from the Group Safety Officer.
Application Of The CDM Regulations (Criteria) [CDM Regulations to be adhered to]
· Will the construction work involve five or more people at any one time?
· Will the construction phase take more than 30 days or 500 person days? (HSE Notifiable project).
· Will the work involve any demolition, regardless of numbers of workers?
· All demolition work.
· Designer's duties will apply on all projects.
Responsibilities
Managers planning projects that fall outside the typical works programmes are required to determine, with the aid of the Group Safety Officer, whether CDM compliance is necessary. Where compliance is found to be necessary, the appointment of competent duty holders must take place 'as soon as reasonably practicable.' Pre-qualification questionnaires to assist with competency enquiries are available from the Group Safety Officer.
Managers issuing competency questionnaires are to ensure, with assistance from the Group Safety Officer, that relevant checks of the information provided are carried out.
Where compliance with CDM is necessary, managers must ensure that construction work does not begin prior to a suitable and sufficient safety plan being developed by the Principal Contractor.
Conditions Of Appointment
Duties placed upon appointees from outside the Group must be understood clearly by all parties. Conditions of appointment are to be set out as shown in the company's Conditions of Appointment Forms available from the Group Safety Officer. The documents are to be agreed and signed by the parties concerned. Where the situation dictates, the text may be altered to include any extension of the duties placed upon the Planning Supervisor beyond those set out in the Regulations. Principal Contractor duties are set out in the company general Conditions of Contract prepared by the Commercial Manager/Engineers.
Competence
Managers are required to ensure that suitable competent persons/organisations are available internally or from outside agencies, who will be available to carry out designer and planning supervisor responsibilities.
Notification
All projects/works where the construction phase will take 30 days or 500 person days are to be notified to the HSE. Notification is to be made by the planning supervisor using the F10 Rev form available from the Group Safety Officer.
Documentation
All projects/works, whether direct labour or contracted out, will require varying levels of documentation governed by the complexity of the project/works
Documentation packs available are:-
· Project Pre-Tender Safety Plan. (SC format)
· Project Construction Safety Plan. (SC format)
· Construction Work Pre-tender Designer & Construction Plan. (OS format)
Provision of Information
The subsidiary company (client) is to provide information necessary to enable the appointed planning supervisor to ensure that a pre-tender safety plan is prepared. A CDM Toolkit information file distributed to the relevant subsidiary companies/departments gives guidance on what is to be included in the safety plan.
Legislation
Not all works will fall within the full terms of the CDM Regulations. Should this situation arise, managers are required to apply the Management of Health and Safety Regulations 1992 to ensure safe operational sites.
Other regulations which should be considered when designing and/or carrying out construction works are:-
· Workplace (Health, Safety and Welfare) Regulations 1992
· Provision and Use of Work Equipment Regulations 1992
· Personal Protective Equipment Regulations 1992
· Manual Handling Operations Regulations 1992
· Chemicals (Hazard Information and Packaging for Supply) Regulations 1994
· Supply of Machinery (Safety) Regulations 1992
· Control of Substances Hazardous to Health Regulations 1994
· Electricity at Work Regulations 1989
· Noise at Work Regulations 1989
· Construction (Health, Safety and Welfare) Regulations 1996
· Construction Head Protection Regulations 1989
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