1.6 The Legal And Organisational Health And Safety Roles And Responsibilities Of Clients And Their Contractors

Question 1

Explain the role of a contractor and some of their possible duties

Answer 1

• A contractor is anyone who is brought in to work and is not an employee.
• People on work experience or on labour only contracts or temporary staff are considered to be employees.
• Contractors are used for maintenance, repairs, installation, construction, demolition, computer work, cleaning, security, health and safety and many other tasks.

Question 2

Legal Considerations of the HSW Act

Answer 2

The HSW Act applies to all work activities.
It requires employers to ensure, so far as is reasonably practicable, the health and safety of: their employees; other people at work on their site, including contractors; members of the public who may be affected by their work.

Question 3

All parties to a contract have specific responsibilities under health and safety law, and these cannot be passed on to someone else:

Answer 3

• Employers are responsible for protecting people from harm caused by work activities. - This includes the responsibility not to harm contractors and sub-contractors on site.
• Employees and contractors have to take care not to endanger themselves, their colleagues or others affected by their work.
• Contractors also have to comply with the HSW Act and other health and safety legislation. Clearly, when contractors are engaged, the activities of different employers do interact. So cooperation and communication are needed to make sure all parties can meet their obligations.
• Employees have to cooperate with their employer on health and safety matters, and not do anything that puts them or others at risk.
• Employees must be trained and clearly instructed in there duties
• self employed people must not put themselves in dander, or others who may be affected by what they do
• Suppliers of chemicals, machinery and equipment have to make sure their products or imports are safe, and provide information on this.

Question 4

The Management of Health and Safety at Work Regulations apply to everyone at work and encourage employers to take a more systematic approach to dealing with health and safety by:

Answer 4

• assessing the risks which affect employees and anyone who might be affected by the site occupier’s work, including contractors
• setting up emergency procedures
• providing training; cooperating with others on health and safety matters, for example contractors who share the site with an occupier
• providing temporary workers, such as contractors, with health and safety information.

Question 5

What three principles underpin the Management of Health and Safety at Work Regulations and the CDM Regulations?

Answer 5

The principles of 
- cooperation
- coordination
- communication
between organisation

Question 6

Construction (Design and Management) (CDM 2015) Regulations

All projects require the following:

Answer 6

CLIENTS to: check the competence of all their appointees; ensure there are suitable management arrangements for the project; allow sufficient time and resources for all stages; provide pre-construction information to designers and contractors;

DESIGNERS to: eliminate, reduce and control hazards and reduce risks during design and construction stage and during maintenance of a structure once it’s built; and provide information about remaining risks;

CONTRACTORS to plan, manage and monitor their own work and that of employees; check the competence of all their appointees and employees; train their own employees; provide information to their employees; comply with the requirements for health and safety on site detailed in Part 4 of the Regulations and other Regulations such as the Work at Height Regulations; and ensure there are adequate welfare facilities for their employees;

EVERYONE, including workers, to: assure their own competence; cooperate with others and coordinate work so as to ensure the health and safety of construction workers and others who may be affected by the work; report obvious risks; take account of the general principles of prevention in planning or carrying out construction work; and comply with the requirements in Part 4 of CDM 20015 and other relevant Regulations for any work under their control.

Question 7

Explain the term ‘Client’ and outline their duties under the (CDM) Regulations 2015

Answer 7

The Client is an organisation or individual for whom a construction project is undertaken.
A clients duties include:
- Make arrangements for managing the project, including sufficient time and resources to ensure that construction work is carried out safely so far as is reasonably practicable
- Ensure welfare requirements in schedule 2 of the regulations are followed
- Appoint in writing a principle designer over the pre-construction phase and a principal contractor
- Provide pre-construction information to each designer and contractor on the project
- Take reasonable steps to ensure health and safety arrangements are maintained and reviewed
- Ensure that the principle designer and contractor comply with their duties under the regulations
- Ensure before the construction phase begins that the principle contractor draws up a construction phase plan
- Ensure the principle designer prepares an appropriate health and safety file for the project

Question 8

The duties of a ‘PRINCIPLE DESIGNER’ under the (CDM) Regulations 2015 are to: plan, manage, monitor and coordinate the
pre-construction phase of a project.

What are the general principles of prevention that they have to ensure?

Answer 8

• The project is carried out safely ‘so far as is reasonably practicable’
• Assistance is given to the client for the provision of pre-construction information
• Health and safety risks are Identified, Eliminated, Controlled and Reduced
• The preparation and revision as necessary of the health and safety file
• The provision of pre-construction information to every designer and contractor
• Liaison with the principle contractor for the duration of the project and the preparation of the construction phase plan

Question 9

The key duties of the
‘PRINCIPLE CONTRACTOR ‘ under the (CDM) Regulations 2015, are to coordinate and manage the construction phase of the project and to ensure the health and safety of everybody involved, or who are affected by it

What are principle contractor other duties?

Answer 9

• Construction work is carried out safely ‘so far as is reasonable practicable’
• A construction phase plan is prepared prior to settings up a site and reviewed and revised as necessary
• Necessary site health and safety rules are drawn up
• Suitable site induction is provided
• Access by unauthorised personnel is controlled
• Welfare requirements in schedule 2 of the requirements are provided through the construction phase
• The health and safety file is appropriately updated, reviewed and revised to take account of changes

Question 10

What should the principle contractor put In the Construction Phase Health and Safety Plan

Answer 10

• The Principal Contractor must define the way in which the construction phase will be managed and the key health and safety issues for a particular project must be recorded.
• The Health and Safety Plan should outline the organisation and arrangements required to manage risks and coordinate the work on site.
• It is crucial that all relevant parties are involved and cooperate in the development and implementation of the plan as work progresses.
• The plan must be tailored to the particular project.
• Relevant photographs and sketches will simplify and shorten explanations.
• The plan should be organized so that relevant secions can easily be made available to designers and contractors.
• The Construction Phase Health and Safety Plan for the initial phase of the construction work must be prepared before any work begins.

Question 11

Explain what a (Health and Safety file) is

Answer 11

• This is a record of health and safety information for the Client to retain.
• It alerts those who are responsible for the structure and equipment within it to the significant health and safety risks that will need to be addressed during subsequent use, construction, maintenance, cleaning, repair, alterations, refurbishment and demolition work.

Question 12

When is a project Notifiable?

Answer 12

• Construction work is notifiable to the HSE if it lasts longer than 30 and has more than 20 workers simultaneously or will involve more than 500 person days of work (e.g. 50 people working for 10 days).
• Holidays and weekends are not counted if there is no construction work on those days.
• The Client is responsible for making the notification as soon as possible after their appointment to the particular project. The notice must be displayed where it can be read by people working on the site and updated as necessary