bifm presentation 261115 (2)
TRANSCRIPT
Contractorswhose risk is it anyway?
Peter W HallMA CMIOSH FIIRSM FIoD MBIFMIIRSM President
26th November 2015
Agenda
• Introduction• Who are Contractors?• Why manage Contractors?• Contractor Selection • The Law• Cases• Potential Sentencing Changes• Conclusion
Who are Contractors?
A Contractor is anyone who is not in the employ of the company who is contracted to undertake work on your behalf.
Why manage Contractors?
We have never had a problem with our contractors, we know them, they have worked for us for a long time!
“this is a quote from a statement made by the manager of a public house in the West Midlands following a catastrophic fire which resulted in the Pub Company being faced with a £1.5 million pound loss (Premises, Contents & Turnover) and a further £1 million rebuilding costs due to the fact that the Contractor was not insured to undertake Hot Works neither was he told to check prior to undertaking any Hot Works by the client”
Contractor Selection -
Do you assess your contractors?Do you use a third party assessment company? SafeContractor, Eurosafe, AltiusVA, CHAS, EcoVardis or another!Do you do it in-house? Who does it? What do you ask for?
The Law -
All work activities are covered by health and safety law however not all law will apply to all work a contractor carries out.
• Health and Safety at Work etc Act 1974 (the HSW Act)• Management of Health and Safety at Work Regulations 1999
(the Management Regulations)• Construction (Design and Management) Regulations 2015
(CDM)• Control of Substances Hazardous to Health Regulations 2002
(COSHH)
Cases -
Roofer sentenced after safety breaches -
HSE (prosecuting) told the court that when working at height, good planning and appropriate supervision is essential. Lavers was charged as an individual for failing to ensure that the work at height was properly planned, appropriately supervised, or carried out in a manner which is so far as is reasonably practicable safe, to prevent any person falling a distance liable to cause injury.Richard Lavers, of Hitchin, Hertfordshire, admitted breaching Regulation 4(1) (a, b and c) and Regulation 6(3) of the Work at Height Regulations 2005 and was fined £5,000 and ordered to pay costs of £1,305.
Contractor in court for putting workers lives at risk with poor site safety -
A Manchester building contractor has been fined after unsafe excavations at a care home site put workers and members of the public at risk.
Brierstone Ltd of Sterling house, Middleton Road, Chadderton, Manchester was fined £2,000 and ordered to pay costs of £1,190.97 after pleading guilty to a breach of Regulation 31(1) of the Construction (Design and Management) Regulations 2007.
Potential New Sentencing Guidelines for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences -
It is anticipated that the new draft are expected towards the end of the year with a view to coming into force in early 2016.The courts will initially assess the culpability i.e. to what extent did the offender fail to meet the standards required of them and then assess the level of harm which involves two considerations:• Risk of harm created by the offence• Likelihood of the harm arising
The Sentencing Council considers that fines should -
• Reflect the seriousness of the offence, including the extent to which the offender fell below the required standard.
• Take into account the financial circumstances of the offender.• Meet the aims of punishment and deterrence and removal of
gain and• Be sufficiently substantial to have a real economic impact
which will bring home to both management and shareholders the need to comply with legislation and achieve a safe environment for workers.
The courts will also assess the level of harm. This will involve considering the risk of harm created by the offence and the likelihood of that harm arising.
Conclusion -
• Planning• Selection • Communication• Monitoring• Sign Off
ContractorsWhose Risk is it anyway?
