Control of Contractors: Monitoring of Contractor Workforce Health & Safety

Responsibilities for these activities are not simply handed over to your contractor, and then you the client are magically uncoupled from the responsibility train.

The Health & Safety at Work Act 1974 imposes specific responsibilities upon employers to protect the Health, Safety & Welfare of their employees (section 2 duties).

However, the Health & Safety at Work Act 1974 also imposes duties on the employer to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health or safety (section 3 duties).

Failure to discharge any duties conveyed by the Health & Safety at Work Act 1974, could potentially be deemed to be a criminal offence. Selection and management of third-party contractors are of paramount importance to the safe working of all businesses.

It is critical that robust processes are in place for both contractor selection and contractor management.

When it comes to selection, consider using a pre-qualification tool such as PAS91. It is vital that clear, impartible, and risk-based decision-making is undertaken.

Offering contracts based on the personal recommendations of senior employees, many of whom will not be sufficiently H&S qualified to make those unilateral decisions, can undermine the whole selection activity.

Failing to obtain multiple quotes removes the opportunity for competitive comparisons of potential submissions.

Contractors must demonstrate that they have adequate processes to identify and comply with all applicable H&S legislation work regulations and have created appropriate processes to review compliance against those requirements.

Review the contractor’s H&S Policy and H&S Management System. Potential third parties must demonstrate, via the prequalification process, that they have the necessary H&S management and reporting systems in place to manage risks in their given field of expertise—do they have effective communication practices in place, reporting procedures for hazards and incidents or emergency plans, etc.

Check key data such as public and liability insurance, and access to competent safety advice commensurate with the risk profile of the contractor’s work. These elements help to demonstrate the contractor’s commitment to safety responsibilities and to maintaining a safe working environment.

Accredited H&S management systems, commensurate with the requirements of ISO 45001:2018, appropriate trade association membership, along with accident and incident data, can often be meaningful indicators of progress in the contractor’s H&S performance and insight into their actual H&S culture.

Performance measurement procedures should ideally involve comparing externally available benchmarking data—how good is a potential supplier when compared to similar competitors?

Given that the employer often turns to third-party contractors for higher-risk work activities or in areas where in-house knowledge and competence might be lacking, it is vitally important to establish whether the contractor has the appropriate experience or technical competence regarding the work activities being considered.

Many contractors may indicate they can deliver certain work packages, but have those statements been rigorously tested and validated?

The competence of subcontractors in the contractor’s workforce and any work further sub-contracted must be verified. This ensures all contractors possess the necessary training, skills, experience, and qualifications.

Competent persons understand their own limitations and are vital for appropriately managing projects that introduce complex risks. Higher-risk activities will need more detailed method statements and more expansive safe systems of work.

After selecting an appropriate contractor to undertake and carry out certain activities for you, ensure that an appropriate process now exists for managing that contractor as well.

It is vital to review whether all the comprehensive risk assessments and safe system of work documents provided during the selection process are now being put into practice.

Inspection and ongoing monitoring of all contractors are imperative. Where observed activities deviate from those identified within risk assessments, regulations and safe system of work documents, such practices must be challenged—remember, you could potentially be held legally responsible for your contractors’ failings.

Control measures must be in place to protect all employees involved and anyone else in the vicinity of the work activities, such as customers, visitors, members of the public, etc.

Make sure that all contractors contact the appropriate site representatives, who will verify and determine that the contractor has the necessary authority to proceed.

Work involving contractor(s) which falls within the scope of H&S legislation applicable to construction-related activities must be identified and the necessary statutory appointments need to be made.

Work must not start unless there is a defined H&S plan in place, along with adequate welfare arrangements, produced by the contractor appointed to manage the site during the construction phase.

Contractors must take reasonable steps to ensure that all work equipment is appropriate to the nature of the work activity, fit for purpose, maintained, and used correctly.

If you have any questions about the Health and Safety considerations of using contractors or if you’re not sure whether you have all the necessary control measures in place, now is the time to contact us.

The Avensure Health and Safety team can provide expert advice to keep your workplace safe and compliant. Simply click here: Avensure Contact.