Contractors

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					Contractors
Note – this information for schools supplements the details provided in SHE
Guidance Note SHE/GN/8 Selection and Control of Contractors.

Introduction

The use of contractors is widespread and it imports risk to our premises.
Consequently, control must be exercised over contractors in proportion to the
risks associated with the work they are undertaking.

Unless properly planned and competently organised, building or other
contract works in schools can pose substantial risks to the health and safety
of staff, pupils and the building contractors themselves. Poor planning and
management of projects involving contractors will increase costs, cause
delays or disruption of services as well as increase the likelihood of accidents
or ill health to both those directly and indirectly involved.

Employers, clients and contractors all have responsibilities under health and
safety law. By employing a contractor, a school will not be able to handover
total responsibility and must take care to discharge its own responsibilities
diligently.

Primarily, this guidance document concerns itself with health and safety
matters and accepted good practice when selecting and managing
contractors. What is not covered are matters relating to financial control, how
to value changes in contract specifications, quality control, forms of contract,
handling contract disputes and planning restrictions and controls, etc.
Schools cannot afford to ignore these issues however and therefore, where
unsure, should consult the appropriate professional adviser within the Council.

Responsibilities of Contractors

A contractor is responsible for ensuring, as far as is reasonably practicable,
the health and safety of himself, his employees and anyone who might be
affected by his activities, e.g. GCC employees, pupils, members of the public
and even trespassers – remember that building sites can be a magnet for
children!

This responsibility includes not only his manner of working e.g. preventing
objects falling from heights, but also the work done, e.g. the item of machinery
after repair must be safe.

Despite this, the Council, and in most cases the individual school, has
responsibilities in respect of the work of contractors.

These can be broadly listed as:-

   to take reasonable care in the selection of contractors;
   to prepare proper specification of work;


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   to consult prior to work commencing;
   to monitor the work in progress and on completion;
   to take action where a contractor’s activities may adversely affect the
    health or safety of employees, pupils or visitors;
   to ensure compliance, if applicable, with the Construction (Design and
    Management) Regulations (otherwise known as CDM).

Responsibility for Contractors

Where the Council has selected the contractor it will be responsible for all
issues relating to preparing for the work and contractual matters. However,
the school can be expected to contribute in areas such as local knowledge
and specific risks (e.g. hearing impaired pupils on-site, location of service
runs).

A school, however, will take these responsibilities for any contracted work not
involving the Council. Advice on each of these responsibilities is given below.

By employing a contractor, a school is relying upon the specific expertise and
specialist knowledge of that contractor. In other cases, it may be reasonably
practicable for the school to provide information that may influence how the
work is to be done and the precautions to be taken e.g.:-

       where the school knows of special hazards;
       where co-operation of the activities of the contractor is necessary for
        the safety of his own employees (or others); or
       where the employer knows of defects in plant;
       where there are hazards in the premises provided for use by the
        contractor’s employees.

Selection of Contractors

Governing Bodies are free to use any contractors to undertake work at their
school. However, the Corporate Building Services maintains a list of
‘approved contractors’ to carry out building works, plumbing, flooring, glazing,
heating, electrical and specialist works. Governors should take advantage of
this list, which is published in the property logbook, as it will preclude the need
for further vetting.

GCC also now requires contractors on its approved list (or seeking to be
included) complete an appraisal under the Contractor’s Health and Safety
Assessment Scheme (CHAS).

When selecting a contractor reasonable care must be taken:-

       to choose a competent contractor;
       to give them relevant information or instructions to enable them to
        discharge their responsibilities safely;
       to ensure the health and safety of our own employees;



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       not to stipulate what and how a contractor will work (to avoid effectively
        ‘employing’ them and therefore becoming vicariously liable); and
       not to authorise failings of contractors.

If Governors choose to use a contractor who is not on the approved list they
should attempt to establish the competence of the contractor by consideration
of the following points:-

   references from previous customers;
   inspection of previous work;
   examination of the contractor’s policy, procedures and practices for
    compliance with health and safety matters; and
   membership or registration with a Federation or National Inspection
    Council or appropriate licences are held (e.g. for asbestos).

In addition:-

   all contractors must hold the necessary level of Public Liability Insurance
    as stipulated by the County Council – currently £5 million; and
   anyone working on electrical or gas installations must be NICEIC, ECA or
    CORGI registered respectively.

Specification of Work

The drawing up of working specifications is a skill requiring considerable
experience. It is unwise, therefore, for a layperson to attempt to write
anything other than the very simplest of specifications.

Corporate Building Services can provide assistance to Governors and should
be consulted in the first instance. A cost may be incurred for this service.

Consultation prior to work commencing

A contractor will need to know about any special features of the job or its
execution. For example, whether there are underground cables to be aware
of or whether the school needs to continue use of an area or maintain access
to it. The asbestos register also needs to be checked (see section on
asbestos).

Conversely the school needs to know what the contractor’s requirements are
for space, access and services and what hazards they are likely to introduce
to the site, e.g. sources of ignition from welding equipment or generation of
noxious dust. All such working procedures should be discussed, agreed and
recorded at a meeting held on the premises before work commences.

A simple checklist of items for consideration is included at the end of this
section.




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Don’t forget to involve staff on the school site so that they are aware of the
effect, duration and period of the work. In particular, safety Representatives
should be involved.

Monitoring Work

On major contracts organised by the Council involving Corporate Building
Services, it is likely that there will be regular visits from Corporate Building
Services officers to ensure satisfactory progress according to specification. In
these instances the school should raise any concerns with this officer.

For minor maintenance work, the school should monitor the activities of the
contractor sofar as they affect the health and safety of employees, pupils or
visitors but the greater the risk, the closer the monitoring should be.

The basis of concern should be the expectations and knowledge of an
average person. In other words, you are not expected to conduct a thorough
examination of the integrity of a scaffold but you would be expected to take
action if you saw a scaffold leaning at a perilous angle.

Upon completion of the work, review arrangements and delivery of the
contract including safety aspects.

Taking Action

In the event of an imminent risk of serious injury to Council/school employees,
pupils or visitors, the school should instruct the contractor to suspend work
immediately and seek advice from the Property Services Department or a
SHE Adviser at Shire Hall.

For less pressing concerns, refer them at the earliest opportunity to the
Property Services Department.

Schools should also provide feedback on ‘approved’ contractors if they felt
health and safety standards were not being adequately met. This will enable
contractor performance to be monitored and continuous improvement
achieved.

Compliance with the CDM Regulations

See section on the Construction (Design and Management) Regulations.

Checklist of Items for Discussion with Contractor Before Work
Commences

   1.     Determine the nature, scope, commencement date and duration of
          the works. Does the specification cover all the necessary health
          and safety requirements?
   2.     Does the contractor know and agree the reporting of arrival
          arrangements?


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   3.     Is there any relevant health and safety information to give to the
          contractors? (e.g. asbestos, fire alarms, playtimes, access needs
          etc.)
   4.     Will the contractor’s vehicles need to pass through open access? If
          so, can they be segregated from staff and pupils by timing or
          barriers? If not, what alternative arrangements can be made?
   5.     Will the contractor’s work create any potential risks for staff, pupils
          or visitors? Examples include:-
               objects falling from heights;
               collapse of scaffolding or overturning of mobile scaffolds;
               materials and equipment obstructing passageways and fire
                  escapes;
               scaffolds, ladders, materials and equipment being left
                  unattended;
               electrical leads passing through occupied areas;
               excavations; and
               dust or fumes.
   6.     If so, what precautions do the contractors intend to take?
   7.     Does the establishment need to take any complementary
          precautions of its own to prevent danger to staff and pupils?
          Should announcements be made at assembly or should break and
          lunch time supervision be increased? Have affected staff been
          involved and informed?
   8.     What are the arrangements for the storage and transport of
          materials and waste? Are these likely to create any danger for staff
          or pupils?
   9.     Will the work affect the output of the fire risk assessment?
   10.    What are the arrangements for site security?
   11.    Is the contractor aware that school equipment will not be available
          for use and that the contractor must provide all of the equipment
          necessary for the work to be completed?
   12.    Ensure that you have reached a clear understanding with the
          contractor over all issues.
   13.    Check that the contractor has arrangements to appraise sub-
          contractors’ competence.
   14.    Check the contractor’s claims history and any record of
          enforcement actions by asking them and by checking the HSE
          website http://www.hse.gov.uk/enforce/index.htm .

NB - All advice relating to work or contracts undertaken by the Corporate
Building Services Department is free to the school. However, a cost may be
incurred for any advice relating to work that the school itself has started. For
more information or advice on any aspect of contractors on site contact
Property Support Officers Help Desk 01452 425831.

Further Information

The HSE provides information on their website on dealing with contractors, in
particular IND G 368 Use of Contractors.



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