Health & Safety Requirements for Sub-Contractors
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IN THIS ISSUE |
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WELCOME |
In our previous issue I considered the responsibilities of the client who has contracted for building work to be done. To comply with your legal obligations as the customer, you need to take health and safety into account from the moment your project starts, which includes a number of important pre-construction activities.
If you missed it you can still view the Preparing for Construction Projects article on our website.
In this issue, I want to approach the matter from the opposite end of the spectrum, namely from the point of view of sub-contractors.
There is increasing pressure in the construction industry, as in other sectors, to be legally compliant in health and safety terms. We need only consider some of the high profile cases that have been in the news to appreciate the anguish that some high-powered executives are called to face in the courts when major accidents occur.
If you were one of those who might be facing criminal proceedings, then you would make sure that everyone working for you abides by the rules.
To a large extent, this accounts for the increasing demand placed on sub-contractors to demonstrate that in terms of health and safety compliance they are “squeaky clean”. So much so that, with present trends, it won’t be long before you will be excluded from the bidding process unless you have the right documents, arrangements and procedures in place.
As the saying goes “there’s never been a better time”. Read the article, consider your own arrangements and then decide what you need to do to remain competitive (or even to stay in business)
One of the major causes of accidents in the construction industry is falling from height and under Case Law, I want to draw your attention to just such an incident that has resulted in a company director going to jail. Ignoring health and safety really is a serious matter.
Finally, we have a Legal Monitor page on our website with the purpose of alerting visitors to upcoming legislative changes. Our plan in this and future issues of the newsletter is to alert you to changes of the Legal Monitor page so that you can decide whether or not they affect your organisation. I hope you find this feature helpful.
David Skews, (CEO)
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HEALTH & SAFETY REQUIREMENTS FOR SUB-CONTRACTORS |
Sub-contractors are coming under ever increasing pressure to demonstrate their competence and compliance with the requirements of health and safety legislative in the construction industry. In part, this is coming from the HSE’s initiative to see a reduction of accident rates in the industry which, unfortunately, appears to be on the increase once again. Pressure is also coming from within the construction industry itself, principally from the Main Contractors’ Group (MCG) that is seeking improvements on a number of fronts.
Main Contractors' Group
The MCG was established in 1996 to represent the interests of the largest UK construction companies. Its 19 members carry out more than £20 billion worth of construction work each year. They have committed themselves to operating construction sites that are safe and free from health hazards for construction workers and members of the public. Specifically, they have committed to:
- 10% year-on-year reduction in reportable accidents and incidents.
- 10% year-on-year reduction in work related ill health.
- Site specific induction process before anyone is allowed to work on site.
- Worker consultation on health and safety matters.
- Best practice workshops on health and safety.
- Published annual safety performance.
As might be expected, to achieve these aims, main contractors are demanding more stringent standards of health and safety when selecting sub-contractors. As leading consultants in Construction Health and Safety, we have been observing increasing pressure on sub-contractors to be fully compliant with health and safety legislation. Clear evidence of adherence to the requirements of the Health and Safety at Work Act, along with its associated Regulations and Codes of Practice, has become a primary requirement for sub-contractors.
General Application
Whilst in this article we are concentrating on the construction industry, these demands are spreading so that all organisations that are bidding for sub-contract work are increasingly being asked to demonstrate that they have robust health and safety management in place.
If you have any doubts as to whether or not your health and safety is up to the required standard, then you need to discuss your situation with one of our consultants before you start losing contracts. We can undertake an audit of your policies and arrangements and advise if and where changes are required. Contact us now for a no-obligation chat.
Checklist of Requirements
For an idea of what is required, we have listed the basic checks that main contractors are applying in the building industry
- Organization and Arrangement
You will need to provide the following:
- Copy of your Health and Safety Policy.
- Name, qualifications and contact details of your health and safety advisor.
- Name and contact details of your Director/Manager directly responsible for health and safety matters.
- Name of your Manager/Supervisor responsible for health and safety on site.
- Risk Assessments, Safe Systems of Work & Method Statements
- Risk assessments for the work for which you are responsible, along with safe systems of work as appropriate.
- Copy of the Temporary Works proposals and design calculations where temporary works are involved (below or above ground).
- COSHH Risk Assessments.
- Competence & Training
- Evidence of competence and training for managers, supervisors, trades and operatives, in accordance with relevant registration schemes.
- Evidence of project specific training and competencies.
- Plant and Equipment
- Inspection certification for plant and equipment.
- Evidence of testing (3 monthly) of electrically operated portable tools, which are normally restricted to 110volts.
- Recognition of your responsibility under the Provision & Use of Work Equipment Regulations (PUWER).
- Scaffolding, access systems, mobile towers, etc erected by competent trained personnel in accordance with Construction Industry Scaffolders’ Record Scheme (CISRS) where appropriate.
- Cooperation, Coordination & Communication
This aspect covers a whole range of activities about which the Main Contractors will require clear assurances, such as:
- Compliance with the principal contractor’s coordination and communication procedures.
- Induction training, toolbox talks and provision of information on all matters likely to cause danger
- Control over numbers of personnel on site at all times
- Compliance by all personnel with "Site Rules".
- Consultation arrangements with all levels of the workforce
- Immediate reporting of accidents, near misses, incidents of ill health etc. to the principal contractor.
- Provision of relevant information for inclusion in the Health and Safety File.
- Strict disciplinary procedures for non-compliance with safety requirements.
- Health & Welfare
- Provision of adequate and suitable welfare facilities
- Disciplinary procedures to manage abuse of drugs and alcohol on site and to control incidents of violent or threatening behaviour
- Compliance with Working Time Regulations.
- Young Persons
- Training, instruction and supervision arrangement for young persons on site
- Prohibition of persons under 16 years of age on site without specific authorisation.
- Notification
Specific notification and permission must normally be obtained for:
- Work to be undertaken outside normal working hours, including weekends.
- Sub-letting any part of the work packages.
- Individuals on site who have communication difficulties. Evidence must be provided that health and safety management issues for such persons have been adequately addressed
The list of requirements has been abbreviated somewhat for inclusion in this newsletter and, of course, it is specific to the construction industry. However, it should be sufficient to provide a good indicator of the scrutiny sub-contractors can expect in future when bidding for work so there has never been a better time to get your health and safety house in order.
See edpFRAMEWORK for a broader perspective on Managing Health & Safety
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CASE LAW |
Under Case Law I want to draw your attention to the case of a worker who fell nearly 7 metres to his death when he inadvertently stepped on a fragile roof light.
The man, who had never previously worked on a roof, stepped backward onto the roof light while retrieving equipment from another part of the roof. The director of the building firm was sentenced to 16 months imprisonment for manslaughter because he had not taken any precautions to safeguard his workers on the roof.
It was pointed out that there were various safeguards that could have been applied, either to prevent someone from stepping on the roof light and/or to arrest their fall. The only excuse that could be offered was that the director had “never given any thought to health and safety matters”.
In this case, lack of thought led to the death of the workman and imprisonment of the director. Ignorance of the law has never been an acceptable defence so it behoves every one of us to get some basic education on health and safety.
You don’t have to be a qualified professional – we are here to fulfil that role – but you do need enough information to assess your own level of compliance and so that you know when to call in some help.
Read about this case on the HSE website.
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LEGAL MONITOR |
This is where we alert you about changes to our Legal Monitor page. Obviously, this is the first time most people will be aware of the facility, so we suggest you have a quick look. The table of changes is deliberately brief so that you can see at a glance what is coming up in the future and therefore what might affect you.
One other interesting point in regard to the release of legislative changes. From 2005, the government has committed to implement changes to health and safety legislation on two specific dates each year, namely 6th April and 1st October.
The aim is to ease the burden on employers and employees, making it easier to respond to legal updates and implement appropriate changes.
The full story is available on the HSE Website.
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David Skews, (CEO)
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EDP Health Safety & Environment Consultants Ltd
Lakeside, Alexandra Park, Prescot Road, St. Helens, Merseyside, UK
Telephone: +44(0)1744 766000
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