The Management and Control of Contractors ProcedurePolicy 2.3 Appendix G
The Management and Control of Contractors Procedure
Version 4
June 2016
Procedure Owner: / Alistair Sinclair – Asset & Facilities ManagerProcedure Author: / John Hill – HSEQ Manager
Effective from:
Due for review on:
Index
1. Purpose
2. Application & Scope
3. Responsibilities
4. Properties
5. Specific Arrangements
6. Planning - (Step 1)
7. Selection of Contractors - (Step 2)
8. Health and Safety Guidance on Site - (Step 3)
9. Monitoring - (Step 4)
10. Review - (Step 5)
11. Related Legislation, Policies, Procedures and Information Sources
12. Review Date
Appendices
Appendix 'A' - Five Steps to Managing Contractors
Purpose
1.1. This Procedure supports delivery of the following VSA Policy
· Health and Safety
1.2. The Procedure aims to outline VSA's approach to the management and control of contractors selected to provide a service to VSA in order to ensure the health, safety and welfare of both employees and non-employees whilst at work or if affected by their undertaking;
1.3. With VSA concentrating on its core business, the organisation is becoming increasingly dependent on the services supplied by contractors. To be cost effective and safely managed, it is important to ensure a good safety management control system is in place.
2. Application & Scope
2.1. This procedure applies to all VSA employees and all persons working for and on behalf of VSA such as contractors, visitors, volunteers and members of the public who have cause to be within VSA premises.
2.2. The employment of contractors by VSA meets many diverse needs. There are certain types of work and services that have to be provided or carried out by external organisations or individual persons’ out-with VSA. The companies and individuals who agree to do the work or provide a service are classified as 'Approved Contractors' to VSA.
2.3. Contracting will include:
· contractors who carry out major building or engineering projects;
· contractors who are permanently on site for a fixed period of time;
· contractors who provide a service by supplying plant, equipment or goods etc.;
· contractors who pay regular visits to VSA premises to carry out such activities as maintenance, inspection and examination of plant, equipment and building services, window cleaning and waste collection;
· contractors who are irregular visitors to VSA premises to carry out specific projects such as replacing or repairing plant and equipment, building, re-furbishing work, involvement by various trades e.g. Joiners, Painters, Plasterers, Tile Fixers, Carpet Layers, etc.;
· Consultants/designers who develop designs from initial concepts through to a detailed specification.
3. Responsibilities
3.1. The implementation and management of this Procedure is the responsibility of the Property Manager.
3.2. The Deputy Chief Executive will appoint in writing, the Asset & Facilities Manager who will be responsible for the overall management and implementation of this policy and arrangements. The Asset & Facilities Manager will ensure that the procedure is audited and reviewed accordingly.
3.3. The Property Inspector and Maintenance Assistants are accountable to the Asset & Facilities Manager for day to day implementation of the policy.
3.4. The Health, Safety, Environmental & Quality Manager is responsible for providing advice to the Property department on controlling and reducing risks associated with contract work and advising on legal duties placed on VSA.
3.5. It is the responsibility of VSA and specifically the Asset & Facilities Manager to inform any appropriate safety representative or elected staff side representative as required by the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996 of the policy, procedures etc.
3.6. Employees have a duty to co-operate with VSA to enable them to comply with the Procedure.
3.7. VSA is committed to meet the requirements of the relevant guidance and to comply with these procedures to effectively manage and control contractors selected to carry out work for VSA.
4. Properties
4.1. The property estate comprises some 28 locations within Aberdeen and Aberdeenshire. The age range of properties dates from around early 1900s through to modern built premises.
4.2. Properties are owned by VSA are managed by VSA’s Property department. VSA also leases some properties e.g. Westerton Crescent (Castlehill and Carers premises’ in Aberdeenshire), these will be included in the management arrangements.
4.3. Where VSA staff or representatives are required to work in/on nonVSA owned properties joint responsibility between VSA and the building owner applies.
5. Specific Arrangements
5.1. The three most important steps VSA must consider are to:
· select, co-ordinate and monitor competent contractors who properly supervise health and safety control measures;
· produce, proper design specifications, exchange information and demand action plans which deal with health and safety issues as they develop and at each phase of the work activity and which are commensurate with the scope and risks of the task;
· maintain regular effective two-way communication which accommodate changes and unforeseen problems promptly.
5.2. It is necessary to follow an appropriate framework for a systematic approach for a safe system of work for the management and control of contractors on VSA premises. Appendix 1 sets out the approach adopted by VSA and mirrors the steps highlighted within the procedure.
5.2. Establish the need for contractors
5.2.1. Determining whether the use of contract staff is the best way of achieving the required result is a business decision which should be based on a range of factors other than those which simply relate to health and safety. These factors include the nature of VSA's business, its strategic vision, a need to reduce operating costs and overheads or the availability of resources (in terms of management infrastructure, people, time constraints, expertise, competency or plant and equipment).
5.3. The Construction (Design and Management) Regulations 2015
5.3.1. The Construction (Design and Management) Regulations 2015 (CDM 2015) came into force on 6 April 2015, replacing CDM 2007. CDM 2015 describes the law that applies to the whole construction process on all construction projects from concept to completion; and
5.3.2. What each dutyholder must or should do to comply with the law to ensure projects are carried out in a way that secures health and safety.
5.3.3. VSA as a 'duty holder' has legal responsibilities under the CDM Regulations (Client duties) and therefore shall ensure compliance is achieved at all stages of the contract/project.
6. Planning - (Step 1)
6.1. Once it has been established that the work is best carried out by contractors, thorough and detailed planning of the intended contract work initially by VSA and subsequently by the contractor (in consultation with VSA) is crucial for the safe completion of the contract on time and to budget. Both VSA and the contractor need to establish, operate and maintain effective planning systems. Such planning systems are an overall part of VSA’s system for the management of health and safety, addressing policy, organising, planning, monitoring and review. This infrastructure will support the management of contract work, allocating resources, identifying procedures and standards, etc.
6.2. Risk Based Approach
6.2.1. The principles of risk control apply to contract work just as much as they do to work carried out by VSA's employees. Indeed, one of the purposes of risk assessment for contract work is to determine whether the control measures being considered to prevent persons e.g. staff, service users, volunteers, visitors etc. from injury/ill health will be adequate in the circumstances.
6.2.2. The process of hazard identification and risk assessment is central to the successful planning of any contract work. VSA, design teams and contractors are required to consider these aspects thoroughly, if planning of the work is to be successful.
NOTE: The CDM Regulations require 'designers' to give due regard to health and safety in their design work.
6.2.3. In many cases, the analysis and evaluation of risk for the contract work will fall to the design team/contractor for completion. However, dependent on the nature/location of the contract it may be more practical for VSA to complete the process. Decisions in relation to this will be dependent upon the nature of the contract work to be undertaken. It is important to realise that for most contract work significant co-operation, discussion, information exchange and co-ordination will be necessary to plan the work, assess the risks and implement the required preventative measures to ensure that health and safety is not compromised.
6.3. Determine the extent of the contract work
6.3.1. The scope of the contract work should be determined to assist in decision making about the arrangements VSA will have to make whilst the work is underway to assess the likely cost implications and to identify the hazards and assess the risks associated with the work.
6.4. Identify the hazards associated with the contract work
6.4.1. VSA should identify hazards associated with its management systems, procedures, work processes, premises, plant or the nature of the work (for example: Is it to be completed at height? Does it involve exposure to asbestos?).
6.5. Assessing the risks associated with the contract work
6.5.1. The risk assessment work required of VSA will revolve around those hazards identified in 6.2. It is unlikely that VSA will identify hazards, assess risks and plan controls relating to the use of specialised working procedures, substances, plant or equipment to be used by the contractor. In this case, VSA would have to rely on those assessments made by the contractor and satisfy itself that these are appropriate.
6.6. Eliminate and reduce the risks associated with the contract work
6.6.1. This aspect will revolve around those hazards identified and risks assessed as above. However, some risk control measures identified by the contractor may require the assistance of VSA in their implementation to ensure that all those likely to be affected will be protected.
6.7. Specifying and communicating the health and safety conditions associated with the contract work
6.7.1. Hazards identified, risk assessments made and risk control measures specified by VSA should be communicated to likely contractors as part of the tendering process. This will ensure that health and safety aspects of the work are considered at the planning stages of the contract, that controls are built into the pricing aspects of the contract, that contractors are vetted and assessed and the contract awarded in the knowledge that health and safety has been programmed into the work.
6.8. The contractor's input to planning
6.8.1. As far as the contractor is concerned much of its planning work will be based on the contract specification, information and consultation provided by the nominated design teams acting on behalf of VSA. The contractors will have completed risk assessments covering their operations and will have formulated risk control measures to be implemented. Contractors will also have to consider the scope of the work, the hazards arising out of it, an assessment of risk and the required controls to ensure that the assessments made and the control measures to be implemented are relevant. The contractor will then have to put forward a system of safe working, a method statement or a health and safety plan for consideration by the design team/VSA. It is, therefore, clear that adequate consultation and discussion between VSA and the contractor is essential from the outset.
6.9. Insurance
6.9.1. It is essential that all contractors have Insurance protection
6.10. Contractor's Minimum Requirements
6.10.1. Employer's Liability
6.10.2. A policy of Insurance indemnifying the contractor for claims made against him by his employees for death or injury which arises out of and in the course of their employment.
6.10.3. The policy must comply with the Employer's Liability (Compulsory Insurance) Act 1969 and any such amendments and the contractor shall at the commencement of the contract and thereafter upon request, produce to the Asset & Facilities Manager evidence that the required Insurance is properly maintained.
6.10.4. Public Liability
6.10.5. The limit of indemnity shall not be less than £5,000,000, however dependent on the size and nature of the project may be increased at the discretion of the Property Manager.
6.11. Environmental Issues
6.11.1. Waste
6.11.2. Waste disposed from VSA sites is deemed 'controlled' waste and all movement to and from our sites must be in accordance with current legislation.
6.11.3. Where the contractor operating on our sites agreed as part of contracted arrangements must arrange for the transport and legitimate disposal of all waste arising from their operations.
6.11.4. Water
6.11.4.1. Any work undertaken on piped systems connected to the Scottish Water incoming mains must be reported to Scottish Water prior to commencement by the nominated VSA representative.
6.11.4.2. Current Water Bylaws, relevant guidance etc. must be adhered to at all times when working on piped water systems.
6.12. Environmental Assessment
6.12.1. When planning new works or where substantial upgrade of existing property is considered, a standard form of environmental assessment must be undertaken to highlight and assess potential impact and aspect risks which may impact on VSA.
6.13. Insurance Cover
6.13.1. Prospective contractors should provide evidence of indemnity against environmental risk e.g. oil spill, unexpected egress and emissions of controlled substances etc.
6.13.2. Contractors must also satisfy VSA that they have adequate procedures in place to cope should circumstances arise.
7. Selection of Contractors - (Step 2)
7.1. VSA has developed a system whereby contractors must achieve a set level of competence to be termed an 'Approved Contractor'.
7.2. This takes the form of a questionnaire to which contractors are to provide specific relevant information. The questionnaire asks various questions about health and safety, proof of insurance cover, membership of trade organisations, quality control and quality management systems, environmental policies etc. Information on previous contracts and clients who could be used as referees should also be requested. The contractor should also be asked what type of work they would wish to be considered for and what size of contract they could realistically manage.